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State of Karnataka - Section

Section 2 in Karnataka Town and Country Planning Act, 1961

2. Definitions.

- In this Act, unless the context otherwise requires,-
(1)[ 'agriculture' includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees, the use of land which is ancillary to the farming of land or any purpose aforesaid, but shall not include the use of any land attached to a building for the purposes of garden to be used along with such building; and 'agricultural' shall be construed accordingly; [Inserted by Act 14 of 1964 w.e.f. 26.03.1964]
(1a)'Board' means the State Town Planning Board constituted under this Act;
(1b)'commerce' means carrying on any trade, business or profession, sale or exchange of goods of any type whatsoever, the running of, with a view to make profit, hospitals, nursing homes, infirmaries, saris, educational institutions, hotels, restaurants, boarding houses not attached to educational institutions; and 'commercial' shall be construed accordingly;[(1-ba) "conurbation boundary" means the boundary within which the different land use zones for developments are proposed in the Master Plan for the plan period.]
(1c)'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 in the use of any building or land and includes sub-division of any land;
(1d)[ xxx] [Clause (1d) Omitted by Act 1 of 2005 w.e.f. 14.02.2005]]
(1e)[] [Re-numbered by Act 14 of 1964 w.e.f. 26.03.1964] "Director" means the Director of Town Planning appointed under section 3;
(1ea)[ "Heritage Building" means a building possessing architectural, aesthetic, historic or cultural values which is declared as heritage building by the Planning Authority or any other competent authority within whose jurisdiction such building is situated; [Inserted by Act 1 of 2005 w.e.f. 14.02.2005]
(1eb)"Heritage Precinct" means an area comprising heritage building or buildings and precincts thereof or related places declared as such by the Planning Authority or any other Competent Authority within whose jurisdiction such area is situated.]["(1f) 'industry' includes the carrying on of any manufacturing process as defined in the Factories Act, 1948 ( Central Act 63 of 1948), and 'industrial' shall be construed accordingly;] [Inserted by Act 14 of 1964 w.e.f. 26.03.1964]
(2)"land" includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(3)"land use" means the major use to which a plot of land is being used on any specified date;
(3a)[ 'local authority' means a municipal corporation, municipal council, [XXX] [Inserted by Act 14 of 1964 w.e.f. 26.03.1964] [Town Panchayat or Grama Panchayat] [Substituted by Act 23 of 2004 w.e.f. 3.06.2004]; and a local authority is a 'local authority concerned' if any land within its local limits falls in the area of a plan prepared or to be prepared under this Act;][(3-b) "Master Plan" means a plan for the development or redevelopment of the area within the jurisdiction of a planning authority;] [Inserted by Act 1 of 2005 w.e.f. 14.02.2005]
(4)"notification" means a notification published in the official Gazette;
(5)"owner" includes any person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager, or receiver for another person, or for any religious or charitable purpose, the rents or profits of the property in connection with which it is used;
(6)[ "Planning Area' means any area declared to be [or included in] [Section 6 and 7 substituted by Act 14 of 1964 w.e.f. 26.03.1964] a local planning area under this Act;
(7)'Planning Authority' means,-
(a)in the case of-
(i)[ the local planning area comprising the City of Bangalore, the Bangalore Development Authority, and;] [Substituted by Act 12 of 1976 w.e.f. 20.12.1975]
(ia)[ the local planning area comprising any "urban area" defined in the Karnataka Urban Development Authorities Act, 1987, the Urban Development Authority of such urban area;] [Inserted by Act 34 of 1987 w.e.f. 1.5.1988]
["(ib) the heritage area as defined in the Hampi World Heritage Area Management Authority Act, 2002 (hereinafter referred to as heritage area) the Hampi World Heritage Area Management Authority constituted, under that Act"] [Inserted by Act 18 of 2003 w.e.f. 27.1.2005]
(ii)any other local planning area in respect of which the State Government may deem it expedient to constitute a separate Planning Authority, the Planning Authority constituted under this Act.
(b)in the case of any local planning area in respect of which a Planning Authority is not constituted under this Act, the Town Improvement Board constituted under any law for the time being in force having jurisdiction over such local planning area, and where there is no such Town Improvement Board, the local authority having jurisdiction over such local planning area;]
(8)"plot" means a continuous portion of land held in one ownership;
(9)"prescribed" means prescribed by rules made under this Act;
(10)"reconstituted plot" means a plot which is in any way altered by the making of a town planning scheme;Explanation. - "altered" includes the alternation of ownership.
(11)"regulations" means the Zonal Regulations governing land-use made under this Act;
(11a)[ 'residence' includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables, and out houses, if any, appertaining to such building and 'residential' shall be construed accordingly;] [Inserted by Act 14 of 1964 w.e.f. 26.03.1964]
(12)"Scheme" includes a plan relating to a town planning scheme;
(13)[ words and expressions not defined in this Act have the same meaning as in the [Karnataka] [Inserted by Act 14 of 1964 w.e.f. 26.3.1964] Municipalities Act, 1964;]