Section 2 in The Himachal Pradesh Town and Country Planning Act, 1977
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 areas, 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 feature, playgrounds, street lighting, drainage, sewerage and other utilities, services and conveniences;(c)"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;(d)"building operation" includes-(i)erection or re-erection of a building or any part thereof,(ii)roofing 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 any 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 make profit hospitals, nursing homes, infirmaries, educational institutions, hostels, restaurants and boarding houses not being attached to any educational institutions, sarais and also includes the use of any land or building for storage of goods or as buildings for storage of goods or as an office whether attached to an industry or otherwise;(f)"court" means the principal civil court of original jurisdiction in the district;(g)"development" with its grammatical variations means the carrying out of a 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 in the use of either, and includes sub-division of any land;(h)"development plan" means interim development plan or development plan prepared under this Act;(i)"director" means the Director of Town and Country Planning appointed under this Act;(j)"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;(k)"land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;(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;(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, and(v)any person liable to pay to the owner, damages for the use and occupation of the land;(n)"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 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, or 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 planning area under this Act;(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)"sector" means any sector of a planning area for which, under the development plan, a detailed sectoral plan is prepared;(s)"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 safety, health or moral and which is defined by a development plan as a slum area;(t)"special area" means a special area designated as such under section 66;(u)"Special Area Development Authority means an authority constituted under section 67;(v)"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(w)"Town and Country Development Authority" means an authority established under section 40.
