Amendment status not verified — confirm the current text below against the official source.
Definitions-In this Act, unless the context otherwise requires- (i) "agriculture" includes horticulture, pou ltry farming, the raising of cro~s. frui~s . 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 u~e 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 utilitie.s. 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 aFea 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 oth~r 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 conne·ction with the construction of buildings; (vii) "Chairman" means the Chairman of the authority; (viii) "Commerce" means th·e carrying on of any trade. business or profession, sale or exchange of goods of a~y · type .whatso_ever and includes the running of with a view to making profit, hospitals, nursing homes, infirmaries or educational institutions. and a~so includes the running of sarais, hotels, restaurants and of boardin~ houses not attached to any educational institution and the wor "commercial" shall be construed accordingly: 196 ODISHA LOCAL LAWS [S. 2 . I " ·ncludes the use of any land or building or ) "commerc1a use 1 f d (ix part thereof for purpose of commerce or for storage o g~o s, any s an office, whether attached to any industry or otherwise; or a d f · d' 'd I '[(ix-a) ·oeveloper Entity" means an individual or bo .Y o in 1v1 ua s and includes a company or association whether incorporated or not, a co-operative society or a corporate .bo~y. or an agency, national or international, to whom a license 1s given to undertake development within the framework of a development plan or development scheme duly approved under this Act .] (x) "development" with its grammalical variations means the c~rryi ng out or building, engineering, mining or other ?perattons 1.n. on, over or under land or the making of any matenal 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.ofTown Planning, Odisha under Sub-section (1) of Section 3 of Odisha Town Planning and Improvement Trust Act, Odisha 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 '( or in development scheme or approved layout of land) 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 us~ 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 lo anything attached to the earth ; '[(xix-a) "Land Pooling Scheme " means a scheme for assembly of small land parcels under different ownerships, voluntarily, into a large land parcel and return of a part of the reconstituted land to the owners with a provision of' infrastructure in a planned manner· (xix-b) "Loca! Authority" means an urban local body, and include~ Zilla Parishad, Panchayat Samili or Gram Panchayat constituted under the prov1s1ons of the relevant Act for the control and management of development of the areas under their jurisdiction) Ins Vide 0 GE. No. 1427, Ot. 0610.2015 s 2) .,. 0 . Develop rnent Authorities Act, 1982 197 (xx) " local newspaper" m 'th· eans any news WI in the State of Odisha· paper printed and published (xxi) "means of access" . 1' · inc udes any m private or public, for vehicles f eans of passage whether any street; or or pedestrians and includes (xxii) " national highway" m h. h eans any highway decla d b 19 way under Section 2 of th N 1 re to ea national 48 of 1956); e a ional Highways Act. 1956 (Act (xxiii) "notificatio " . . n means a notificallon published in the Gazette· (xx1v)"occupier" includes- · (a) a tena nt, (b) an ow · ner 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 lo the owner any cons1derat1on including . damages for the use and occupation of the land: (xxv) "operational construction " means any construction whether te~po rary or pe rmanent, which is necessary for the operation, ma1~tenance , development or execution of any of the rollowing services, namel" : (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 11 1s of opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification , declare lo 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 behalr of or lor lhe benefit of any other person or who would so receive the rent or 198 ODISHA LOCAL LAWS IS. 2 remium or any other consideration the rent or prem iu~ or any P . . .f the land were let out 10 a tenant and includes other consideration 1 l General Manager of a the Head of a Government Departmen • . . S t or other Principal Officer of a local authority, Railway, the ecre ary . f erties under their statutory authority or company in respect 0 prop respective controls; (xxv1i)" private street" means any street, road •. square, court, alley, passage or riding-path, which is not a public str ~ et but do.es 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 bui ldi ng " means any ~ u i ld i n g to ,which the public or any class or section of the public. are granted access ~.r 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, (v1) 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: (xx1x)"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 enioyment of public whether 1t is actually used or enjoyed by the public or not, and whether the enty is regulated by any entry fee or not, (xxxi)"publ.ic street" means any street, road, square, court, alley, passage or nd1ng 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 ' s. 2] 0 . Development A th . . . u orittes Act, 1982 199 (c) the drains attached lo an 5 and the land wheth y uch street. public bridge or causeway • er covered or not by an or other structure which Ii . Y pavement. verandah to the bo . ' es on either side of the roadway up . . undanes of the adjacent property whether I hat property ISSt ptn vGate property or property belonging to the Central or any a e overnment ; (xxxii) " rail"'.'ay" means a railway defined in the Indian Railway Act 1890 (Act 9 of 1890); · ' (xxxiii) " reconst_Jtuted plot" means a plot which is in any way altered by the making of a town planning scheme . Explanation-For the purposes ofthis 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) " resi dence" includes the use for human habitation of any land or bullding 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) " s lum 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 91hich is defined by d.eve ~opment plan as a slum area. '[(xxxvii- a) "Special Purpose Vehicle' mean s a body constitu.ted as a company, trust or other entity for a specific purpose, which shall include activities limited to those for accomplishing the purpose of the company, trust or other entity, as th e case may be:] (xxxviii)"to. erect" in relation to any bu ild in~ includes- (a) any material alteration or enlargement of any building, (b) the conversion by structural alteration of place for human ha.bitalion of any building not originally constructed for human hab1tat1on, (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 alter.ation of 1~s drainage or sanitary arrangement or materially affect its security, . . h s or other structures (f) the addition of any rooms, buildings, ouse to any building, and 1 · g (g) the construction in a wall adjoining any street or land no~b=t~;;::r to the owner of the wall. of a door opening on to sue land;