Bare ActsThe ARUNACHAL PRADESH URBAN AND COUNTRY PLANNING ACT, 2007

Section 2

Amendment status not verified — confirm the current text below against the official source.

In this Act, unless there is anything repugnant in the subject or context otherwise requires :- (i) "Agriculture" includes horticulture, farming, growing ofcrops, fruits, vegetables, flowers, grass, foddet trees or any kind of cultivation of soil; breeding and keeping oflivestock including cattle, horses, donleys, mules, pigs, hsh, poultry, and bees; the use of land which is ancillary to the farming ofland or any other agriculture purposes, but shall not include the use ofany land attached to a building for the purposes of a garden to be used along with such building; and "Agricultural' shall be construed accordingly ; Short title, extent, & corrmencsment. Definitions. 14 (ii) "Amenities" include roads and streets, open spaces, parks, recreational ground, play-grounds, ' water and electric supply, sfeet lighting, sewerage, drainage, public works and otherutilities, services and convcniences ; (iii) "Area o{ bad lay-out or obsolete development" means an area consisting of land which is badly laid out or ofobsolete development, togetherwith other land contiguous or adjacent thereto, whioh is defined by a developmentplan as an area ofbad layout or obsolete development ; (iv) "Authority" mears State Urban and Country Planning Board and Local PlanningAuthority constituted under this Act; (v) "Building Operations" include- (a) erection or re-roofing ofa building, or any part ofit; (b) roofing, re-roofing ofany part ofa building or open space; (c) any material alteration or enlargement ofany building; (d) any material charge in the use ofa building, including the use of (e) its one part or more parts used for human habitation into (f) greater number ofsuch parts; (e) any such alteration ofa building as is likely !o affect an alteration of its drainage orsanitary arangements, or materially affect its security; (fl the construction of a door opening on any sheet or land not belonging to the owner; (vi) "Commerce" means carrying on any trade, business or profession sale or exchange ofgoods ofany type whatsoevel and includes the runaing of, with a view to make profit, hospitals, nursing homes, infirmaries, eduoational institutions, and also includes hotels, restaurants, houses not attached to any educational institutions, saris, and "commercial" shall be construed accordingly; i5 (vii) "Commercial use" includes the use ofany land or building or part thereof for purposes of commerce as defined or for storage ofgoods, or as an office- whether attached to industry or otherwise: (viii) "Courf'means a principal civil court oforiginal jurisdiction, and includes any other civil court empowered by the State Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction; (ix) "Devetopmenf 'with its gammatical variations, means tle carrying out ofbuilding. engineering. mining or other operations in, on, over or under land or the making ofany material change, in any building or land, or in the use ofany building or land and includes sub- division ofany land; (x) "Development Plan" means interim development plan or comprehensive development or comprehensive developmentplan preparedunder this Act; (xi) "Engineering Operations" include the formation oflaying out ofmeans ofaccess to a road or the laying out ofmeans ofwater supply; (xii) " Industry" includes the carrying of any manufacturing process as defined in Factories Act, 1948: and "indusrial" shall be construed accordingly; (xiii) "Industrial use" includes the user ofany lard or building or part thereoffor purposes of industry as defined; (xiv) "Land" includes benefits to arise out ofland and things attached to the earth or permanently fastened to anlthing attached to the earth; (xv) "Local Authority" means a Municipal Council or Committee, or Town Committee Board / Authority or District Board / Authority or other authority legally entitled to, 'or entru:rted bv the Governme[t with the control o!mana. ]r,r'Jo: of a municip4l or local fund or which is pcm,ned by th€ Govemment to exercise the powers ofa local 16 (xvi) authority, and includes a to*.n improvement Eust; and a Local Authority is a "Local Authority concemed" of any land within its local limits falls in the area of a plan prepared or to be prepared under this Act ; "Local Newspaper" means any newspaper published or circulated within the local Planning afea; "Planning A-rea" means any area declared to be a Local Planning Area under thisAct: "PlanningAuthorities" means State Urban and Country Planning Board and Local Plarning Authority constituted under this Act; "Occupier" includes: (xvii) (xviii) (xix) a tenant; an owner in occupation of, or otherwise using his land: a rent-free tenant ofany la[d: a licensee in occupation ofany land; and any person who is liable to pay to tle owner damages for the use and occupation ofany land; (xx) "Own€r" 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 for any land whether on his own account or on account of, or on behalfor for the ' benefit ofany other person or an agent, trustee, guardian, or receiver for any other person or for any religious or chadtable institutioD, or who wound so receive the rent or premium or be entitled to receive the rent or premium if the land were let to a telant; and includes the Head ofa Govemment department. General Manager ofa Railway, the Secretary or otherprincipal officer of a Local Authority, statutciry authority or company, in respect of properties under their respective conrol : (a) o) (c) (d) (e) t7 (xxi) "Prescribed" means prescribed by rules or regulations made under this Act ; (xxii) "Public Place" means any place or building which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; and whether the entry is regulated by any charge or not ; (xxiii) "Relocation of population" means in relation to an area ofbad lay-out or obsolete development or a slum area, the making available, in that area or elsewhere, of accommodation, for residential purposes or for carrying on business or other activities. togetler with amenities. to persons living or carrying on business or other activities in the said area who have to be so accornmodated so that the said area may be properly plarured, (xxiv) "Regulation" means a regulation made under this Act by the State Urban and Country Planning Board and Local Planning Authority and includes zooing and other regulations made as a part ofa Development Plan ; (xxv) "Residence" includes the use for human habitation ofany land or building or part thereof including gardens, grounds, garages, stables, and houses, if any, appertaining to such building; and 'residential" shall be constmed accordingly; (xxvi) "Rule" means a rule made under this Act by the State Goverrunent; and (xxvii) "Slum area" means any predominantly residential area, where the dwellings whic1 by reason of dilapidation, over-crowding, faulty arrangement of design, lack of ventilation, light or sanitary facilities or any combination ofthesc fi.ro:s, are detrimental to safety health or moral: aird which is defiaed by a development plan as a slum area; t8 State Urban and Country Planning Board . Functions and 4 powers of the State Urba! and Country Planning Board. (ro<viii) Words and expressions not defined in this Act shall be subject to interpretation of the State Urban Development and Planning Authority. (xxix) 'Dtector'means DAector ofTown Planning/ Chief Town Planner, appointed by the State Goverrunent. CIIAPTER.II State Urban and Country Planning Board (1) As soon as maybe, afterthe commencement ofthis Act, the State Govemment, shall by notihcation in the Official Gazette constitute and appoint for the purpose of carrying out the functions assigned to it under this Act, an Authority to be called the State Urban and Country Planning Board. (2) The State Government may by notification in the Official Gazette, constitute the State Urban and Country Planning Board as deemed necessary from time to time. (3) The Director ofTown Planning/ ChiefTown Plannel shall be Member Secretary to the State Urban and Country Planning Board. He may for the purpose of carrying out functions assigned to him under this Act, hire Office rs/Officials/ professionals from various Govemment Works Departsflents for certain periods for specific purposes as mentioned in section-

Section 2 – The ARUNACHAL PRADESH URBAN AND COUNTRY PLANNING ACT, 2007 | DailyLaw.ai