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,–– 1 [x x x x] 2 [(1)] “backward classes” means such classes of citizens other than scheduled castes and scheduled tribes as may be identified and notified for the purposes of reservation for appointments or posts in the services under the Government ; 2 [(2) “Board” means the Jammu and Kashmir Property Tax Board constituted under the Jammu and Kashmir Property Tax Board Act, 2010 ;] (3) “building” means any shop, house, hut, out-house, stable, a factory, an industrial shed and a temporary structure erected by means of tents and structures, raised for entertainment purposes whether roofed or not and whether used for the purposes of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever, and includes a wall and a well ; (4) “building line” means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed ; (5) “built area” is that portion of a municipality of which a greater part has been developed as a business or residential area ; (6) “ bye-laws” means by-laws made under this Act ; (7) “Committee” means a committee of municipality, constituted or deemed to have been constituted by or under this Act ; (8) “compost manure” means the produce prepared from dung by subjecting it to the process of compost making in the manner prescribed by rules ; (9) “Deputy Commissioner” or “Deputy Commissioner of the Districts” includes Additional Deputy Commissioner or any other officer at any time appointed by the Government to perform in any District or Districts the functions of a Deputy Commissioner under this Act ; (10) “Director” means the Director of the Local Bodies appointed by the Government under section 35 of this Act ; (11) “District” means a revenue district ; 3 [(12) District Planning Committee” means a District Planning Committee constituted under section 47-A of the Jammu and Kashmir Panchayati Raj Act, 1989 ;] (13) “dry latrine” means a latrine from which excreta is removed manually ; (14) “dung” means night soil, sewage, sullage, sludge, refuse, filth or rubbish or animal matter of any kind ; 4 [(14-a) “economically weaker section” means such class of persons, 5 [x x x] as may be notified by the Government from time to time, for the purpose of providing housing sites of the dimension 4 metre x 7.5 metre and carpet area within the range of 25 square metre to 30 square metre] ; (15) “election” means and includes the entire election process commencing on and from the date of notification calling for such election of member and ending with the date of declaration and notification of results thereof ; (16) “erect or re-erect any building” includes___ (a) any material alteration or enlargement of any buildings ; (b) the conversion by structural alteration into a 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 building originally constructed at one such place ; (d) the conversion of two or more places of human habitation into a greater number of such places ; (e) such alteration of building as effect an alteration of its drainage or sanitary arrangements, or materially affect its security ; (f) the additions of any rooms, buildings, out-houses or other structures to any building ; (g) the construction of wall adjoining any street or land not belonging to the owner of the wall or door opening on to such street or land ; (17) “Executive Officer” means a person, by whatever name called, appointed under section 306 of this Act to discharge the functions of the Executive Officer under this Act and ‘Secretary’ means a Secretary of the Municipal Council or Municipal Committee ; (18) “explosive” and “petroleum” have the meaning assigned to those words in the Indian Explosives Act, 1884, and the Petroleum Act, 1934, respectively ; (19) “factory” shall have the meaning assigned to it in the Factories Act, 1948 ; 6 [(19-a) “floor space index” means the area that can be constructed on a piece of land divided by the total area of the land;] (20) “Government” means the Government of the 7 [Union territory of Jammu and Kashmir] ; 8 [(20-a)“group housing” means more than two buildings on a plot with one or more floors and with one or more dwelling units in each floor]; (21) “infectious disease” means cholera, plague, small-pox, tuberculosis or such other dangerous disease as the Government may notify in this behalf ; (22) “land” shall include land which is built upon or covered with water ; 9 [(22-a) “low income group” means such class of persons, 5 [x x x x] as may be notified by the Government from time to time, for the purpose of providing housing sites which may be of dimension 4.5 meter x 10 meter or floor area of not exceeding 50 square meter in case of flatted accommodation]; (23) “Municipality” means any local area declared by or under this Act to be a Municipality; (24) “Municipal Fund” means the Municipality Fund constituted under section 52 of this Act ; (25) “notification” and “notified” respectively means “publication” and “published” in the Government Gazette ; (26) “nuisance” shall include any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is/or may be dangerous to life or injurious to health or property ; (27) “occupier” includes any person, for the time being paying or liable to pay, to the owner the rent or any portion of the rent of the land or building in respect of which the word is used or damages on account of the occupation of such land or building, and also an owner living in or otherwise using, his own land or building and also a rent-free tenant ; (28) “owner” when used in reference to any land or building includes the person for the time being receiving the rent of the land or building or any of the part of the land or building whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver who would so receive such rent if the land, building or part thereof were let to a tenant ; (29) “President” means the President elected under section 22 of this Act ; 10 [(29-a) “shelter fee” means fee levied and collected in lieu of the reservation of land or floor area, as the case may be, being an amount equal to the market value of the land or floor area determined on the basis of the rates notified by the Government, which is required to be reserved for the economically weaker sections and the lower income groups] ; 11 [(29-b)“Special Tribunal” means the Special Tribunal constituted under section 4 of the Jammu and Kashmir Special Tribunal Act, 1988 ;] (30) “street” means any road, footway, square, court, alley or passage, accessible, whether permanently or temporarily to the public and whether a thoroughfare or not ; and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier, if houses, shops or other buildings abut thereon and if it is used by any persons as a means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from suing as aforesaid ; and shall include also the drains or gutters therein, or on either side, and the land, whether covered or not by any pavement, varandah or other erection, up to the boundary of any abutting property not accessible to the public ; (31) 12 [“fee”] shall include any toll, rate, cess, fee or other impost leviable under this Act ; 13 [(31A)“Taxable annual value” means the taxable annual value of any land and building or vacant land or both determined under section 73 for the purpose of assessment of property tax ;] (32) “vehicle” means a wheeled conveyance capable of being used on a street.