Section 2 in The Orissa Development Authorities Act, 1982
2. Definitions.
- In this Act, unless the context otherwise requires-(i)"agriculture" includes horticulture, poultry farming, the raising of crops, fruits, vegetables, flowers, grass or trees of any kind, breeding of live-stock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees and the use of land for grazing cattle or for and purpose which is ancillary to the farming of land or for any other agricultural purpose, but does not include the use.of land as a garden which is an appendage to a building and the expression "agricultural" shall be construed accordingly;(ii)"amenity" includes roads, water and electric supply, open spaces, parks, recreational grounds, cultural centres, natural features, playground, street lighting, drainage, swerage, city beautification and such other utilities, services and conveniences as the State Government may determine to be an amenity from time to time for the purpose of this Act;(iii)"area of bad lay-out or obsolete development" means an area consisting of land which is badly laid out or of obsolete development not conforming to the planning or the building regulations framed under this Act together with land contiguous or adjacent thereto and defined as such in the development plan;(iv)"Authority" means a Development Authority constituted under Sub-section (3) of Section 3 for a development area under this Act;(v)"building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, commercial, industrial, or other purposes, whether in actual use or not;(vi)"building operations" includes re-building operations, structural alterations of or additions to buildings and other operations normally undertaken in connection with the construction of buildings;(vii)"Chairman" means the Chairman of the authority;(viii)"Commerce" means the carrying on of any trade, business or profession, sale or exchange of goods of any type whatsoever and includes the running of with a view to making profit, hospitals, nursing homes, infirmaries or educational institutions, and also includes the running of sarais, hotels, restaurants and of boarding houses not attached to any educational institution and the word "commercial" shall be construed accordingly;(ix)"commercial use" includes the use of any land or building or any part thereof for purpose of commerce or for storage of goods, or as an office, whether attached to any industry or otherwise;(x)"development" with its grammatical variations means the carrying out or 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 re-developments and re-constructions and lay-out and sub-division of any land and "to develop" shall be construed accordingly;(xi)"development area" means the area or group of areas declared as development area under Sub-section (1) of Section 3;(xii)"Director" means the person appointed as Director of Town Planning, Orissa under Sub-section (1) of Section 3 of Orissa Town Planning and Improvement Trust Act, Orissa Act 10 of 1957;(xiii)"engineering operation" includes the formation or laying out of a street or means of access to a road or the laying out of means of water supply, drainage, electricity, gas or of other public utility service;(xiv)"existing land-use" means the predominant purpose for which any land or building was being used on a specified date;(xv)"final plot" means a plot reconstituted from an original plot and allotted in a town planning scheme as a final plot;(xvi)"highway" has the same meaning as in Section 4 of the National Highways Act, 1956 (Act 48 of 1956);(xvii)"industry" includes the carrying on of any manufacturing process as defined in the Factories' Act, 1948 (Act 63 of 1948), and-the word "industrial" shall be construed accordingly;(xviii)"industrial use" means the use of any land or building or part thereof for purpose of industry;(xix)"land" includes benefit to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;(xx)"local newspaper" means any newspaper printed and published within the State of Orissa;(xxi)"means of access" includes any means of passage whether private or public, for vehicles or for pedestrians and includes any street;(xxii)"national highway" means any highway declared to be a national highway under Section 2 of the National Highways Act, 1956 (Act 48 of 1956);(xxiii)"notification" means a notification published in the Gazette;(xxiv)"occupier" includes-(a)a tenant,(b)an owner in occupation of, or otherwise using his land,(c)a rent-free tenant of any land,(d)a licence in occupation of any land, and(e)any person who is liable to the owner any consideration including damages for the use and occupation of the land;(xxv)"operational construction" means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development or execution of any of the following services, namely :(a)railways,(b)notional highways,(c)national waterways,(d)air ways and aerodromes,(e)posts and telegraphs, telephones, wireless, broadcasting and other like forms of communications,(f)regional grid for electricity,(g)any other service which the State Government may, if it is of opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purpose of this clause;Explanation - For the removal of doubts, it is hereby declared that the construction of-(i)new residential buildings (other than gate, lodges, quarters, for limited essential operational staff and the like), roads and drains in railway colonies, hotels, clubs, institutes and schools, in the case of railways; and(ii)a new building, new structure or new installation, or any extension thereof, in the case of any other service, shall not be deemed to be operational construction within the meaning of this clause ;(xxvi)"owner" includes a mortgage in possession, a person who for the time being is receiving or is entitled to receive or has received, the rent or premium or any other consideration for any land whether on his own account or on account of, or on behalf of or for the benefit of any other person or who would so receive the rent or premium or any other consideration the rent or premium or any other consideration if the land were let out to a tenant and includes the Head of a Government Department, General Manager of a Railway, the Secretary or other Principal Officer of a local authority, statutory authority or company in respect of properties under their respective controls;(xxvii)"private street" means any street, road, square, court, alley, passage or riding-path, which is not a public street but does not include a pathway made by the owner of premises on his own land to secure access to or for the convenient use of such premises;(xxviii)"public building" means any building to which the public or any class or section of the public are granted access or any building, which is open to the public or any class or section of the public and includes any building-(a)used as a-(i)school or college or a University or other educational institution,(ii)hostel,(iii)library,(iv)hospital, nursing home, dispensary, clinic, maternity centre or any other like institution,(v)club,(vi)lodging house,(vii)choultry,(viii)coffee house, boarding house, hotel or eating house,(b)Ordinarily used by the-(i)Central or any State Government or any local authority or any body corporate, owned or controlled by the Central or any State Government, or(ii)public or any class or section of the public for religious worship or for religious congregation;(xxix)"public opon space" means any land, whether enclosed or not, belonging to the Central or any State Government or any local authority or any body corporate owned or controlled by the Central or any State Government, on which there is no building or of which not more than one-twentieth part is covered with buildings and the whole or remainder of which is used for purpose of recreation or as open space ;(xxx)"public place" means any place or building which is open to the use and enjoyment of public whether it is actually used or enjoyed by the public or not, and whether the entry is regulated by any entry fee or not;(xxxi)"public street" means any street, road, square, court, alley, passage or riding path over which the public have a right of way, whether a thoroughfare or not, and includes-(a)the roadway over any public bridge or causeway,(b)the footway attached to any such street, public bridge or causeway, and(c)the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to the Central or any State Government ;(xxxii)"railway" means a railway defined in the Indian Railway, Act, 1890 (Act 9 of 1890) ;(xxxiii)"reconstituted plot" means a plot which is in any way altered by the making of a town planning scheme ;Explanation - For the purposes of this clause "altered" includes the alteration of ownership of plot.(xxxiv)"regulation" means a regulation made under Section 124 and includes zoning and other regulations made as a part of a development plan;(xxxv)"residence" includes the use for human habitation of any land or building or part thereof including gardens, grounds, garage, stables and out-houses, if any, appertaining to such building and "residential" shall be construed accordingly;(xxxvi)"rule" means a rule made under this Act by the State Government;(xxxvii)"slum area" means any predominantly residential area, where the dwellings which by reasons of dilapidation, overcrowding, faulty arrangements or designs, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to safety and health of the inhabitants or others and which is defined by development plan as a slum area;(xxxviii)"to erect" in relation to any building includes-(a)any material alteration or enlargement of any building,(b)the conversion by structural alteration of place for human habitation of any building not originally constructed for human habitation,(c)the conversion into more than one place for human habitation of a building originally constructed as one such place,(d)the conversion of two or more places of human habitation into a greater number of such places,(e)such alterations of a building as affect an alteration of its drainage or sanitary arrangement or materially affect its security,(f)the addition of any rooms, buildings, houses or other structures to any building, and(g)the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land;(xxxix)"Tribunal" means the Tribunal constituted under Section 87;(xl)"unauthorised occupation" in relation to any premises means the occupation by any person of the premises belonging to the Authority without any authority for such occupation and included the continuance of this occupation by any person of the premises after the authority (whether by way of grant or any other mode of transfer under which he was allowed to occupy) the premises has expired or has been determined for any reasons whatsoever;(xli)"urban local body" means a municipal council or a notified area council constituted under the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950);(xlii)"Valuation Officer" means the Valuation Officer appointed under Section 33 of this Act;(xliii)"Vice-Chairman" means the Vice-Chairman of the Authority;(xliv)"zone" means any one of the divisions into which a development area may be divided for the purposes of development under this Act;(xlv)words and expressions used in this Act but not defined shall have the same meaning as assigned to them in the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) as amended from time to time.Chapter-II Development Areas and Development Authorities and their Objects
