Section 2 in Development Authority Bye-laws for Conservation of Heritage Sites
2. Definitions.
- In these bye-laws unless the context otherwise requires:(a)'Act' means the Uttar Pradesh Urban Planning and Development Act, 1973;(b)'Adaptation' means modifying a place to suit proposed compatible uses;(c)'Alteration' means a change from one type of occupancy to another, or structural change, such as an addition to the area or height, or the removal of part of a building or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joints, floor or other support, as a change to or closing of any required means of ingress or egress or a change to the fixtures or equipment;(d)'Authority' means the Development Authority;(e)'Building' includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;(f)'conservation' means the process of managing change to a heritage site in its setting in ways that will best sustain its heritage values, while recognizing opportunities to reinforce those values, for present and future generations. It includes maintenance and preservation, restoration, re-construction or adaptation;(g)'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, and includes redevelopment, or in the use of any building or land or change to a heritage site including any material or structural change in or painting of any heritage building, or in a heritage precinct or on a listed natural feature and includes demolition of any existing building, structure of erection or part of such building, structure or erection, and reclamation, redevelopment and layout and sub-division of any land and 'to develop' shall be construed accordingly;(h)'Development Right' means a right to carry out development or to develop the larrd or building or both;(i)'Floor Area Ratio' means the quotient obtained by dividing the total covered area (plinth area) on all floors by the area of the plot;(j)'Government' means Government of Uttar Pradesh;(k)'Grading' means the process by which the levels of intervention permissible are determined in preserving, maintaining or upgrading the heritage sites;(l)'Height of Building' means the vertical distance measured in the case of flat roofs, from the average level of the ground around and contiguous to the building or as decided by the Authority to the terrace of last livable floor of the building adjacent to the external walls; and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof; and in the case of gables facing the road, the midpoint between the eaves level and the ridge. Height of the building shall also include mumty, machine room, overhead tank, A.C. installations, etc. if any, which may obstruct the skyline of the heritage building;(m)"Heritage buildings" means buildings, artefacts, structures of historical or archaeological or aesthetic or architectural or cultural or environmental significance which are included in a list(s) published by a notification in the Official Gazette by the Government from time to time;(n)"Heritage precincts" means streets and spaces including, those around a heritage building or a group of such buildings of which they are part and parcel which are included in a list(s) published by notification in the Official Gazette, by the Government from time to time;(o)'Heritage Sites' means those buildings, artefacts, structures, streets, areas and precincts of historic or archaeological or aesthetic or architectural or cultural or environmental significance and those natural features of environmental significance and sites of scenic beauty including, but not restricted to, sacred groves, hills, hillocks, water bodies (and the areas adjoining the same), open areas, wooded areas, points, walks, rides, bridle paths which are listed in a notification to be issued by the Government from time to time.Heritage sites shall generally include buildings, artefacts, structures, streets, areas and precincts of historic or archaeological or aesthetic or architectural or cultural significance which are at least 100 years old. In special circumstances, however, heritage sites may be less than 100 years old keeping in view their historic, architectural or cultural or aesthetic significance;(p)'Heritage Conservation Committee' means a district level Committee constituted under bye-law-20;(q)"Listing" means an archaeological or other systematic study or documentation of a heritage site to reveal its history and other special features and shall include the recording and analysis artefacts, features and other material necessary for the purpose of determining the heritage value or environmental significance;(r)"Listed natural features" means those natural features of environmental significance and sites of scenic beauty including, but not restricted to, sacred groves, mountains, hills, hillocks, tablelands, sand dunes, deserts, lakes, rivers, other water-bodies and wetlands (and the areas adjoining the same), open areas, wooded areas, point, walks, rides, bridle paths, etc., which are included in a list(s) published by a notification in the Official Gazette by the Government;(s)'Owner' means person or a body having a legal interest in land and/or building thereon. This includes freeholders, leaseholders, tenants or those holding a sublease with both (sic which) bestows a legal right to occupation and gives rise to liabilities in respect of safety of building conditions.In case of lease or sub-lease holders, as far as ownership with respect to the structure is concerned, the structure of a flat or structure on a plot belongs to the allottee/lessee till the allotment/lease subsists;(t)'Preservation' means maintaining the fabric of a place in its existing state and retarding deterioration;(u)'Property' means the land and or building on any plot situated within area of the Authority;(v)'Prohibited Area' or 'Regulated Area' means an area near or adjoining a protected monument which the Central or State Government has, by notification in the Official Gazette, declared to be a prohibited area, from as the case may be, a regulated area, for purpose of mining operation or construction or both;(w)'Restoration' means returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without introducing new materials;(x)'Vice-Chairman' means the Vice-Chairman of the Authority.
