Definitions

In this Act, unless the context otherwise requires,— (a) “Agriculture” includes horticulture, farming, growing of annual or periodical crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, reservation of land for fodder, grazing or thatching grass, breeding and keeping of live-stock including cattle, horses, donkeys, mules, pigs, breeding of fish and bees and the use of land which is ancillary to the farming of land, but does not include— (i) the keeping of cattle for the sole purpose of milking and selling milk and milk products; (ii) any garden which is an appendage to a building; and the expression “Agriculturist” shall be construed accordingly; (b) “Amenity” includes roads and streets, water and electric supply, open spaces, parks, recreational grounds, natural features, play grounds, provision for lighting, drainage, sewerage and other utility services, works and amenities; (c) “Building” means any house, hut, shed or other structure, for whatsoever purpose and of whatsoever material constructed, and every part thereof, whether used as human habitation or not and includes well, latrines, drainage, works, fixed platforms, varandahs, plinths, door steps, walls, boundary walls, fences and the like and any other development thereto, but does not include plant or machinery comprised in a building; (d) “Building Operation” includes— (i) erection or re-erection or demolition of a building or any part thereof; (i-a) “Natural Hazard” means the probability of occurrence of loss in an area due to possibility of a natural event within a specified period; (i-b) “Natural Hazard Prone Areas” means such potential areas which are— (1) vulnerable to very high risk zone of earthquakes; or (2) are indicative of flood flow or inundation; or (3) are in potential land slide or slope; (4) are having one or more of these hazards; (2) roofing or re-roofing of any part of a building or an open space; (3) any material alteration or enlargement of any building; (4) any such alteration in a building as is likely to affect the drainage or sanitary arrangement thereof or is likely to affect its safety; (5) the construction of a door opening on any street or land not belonging to the owner; (e) “Commercial use” means the use of any land or building or part thereof for the purpose of carrying on any trade, business or profession or sale or exchange of goods of any type whatsoever and include running of hospitals, nursing homes, educational institutions, hotels, restaurants and boarding houses (not attached to any educational institution) and sarais. (p) "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 either and includes sub-division of any land. (n) "Development plan" includes regional plan. (j) "Director" means the Director of Town and Country Planning appointed under this Act. (z) "Existing land use map" means a map of a specified area showing the use of lands at the time of the preparation of the map and includes a register prepared with the map giving details of the land use. (l) "Land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. (v) "Local authority" means: (1) any Municipal Corporation constituted by or under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956); (2) any Municipal Council or Nagar Panchayat constituted by or under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961); (3) any Gram Panchayat constituted under the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994). (B) "Member" means a member of a Town and Country Development Authority or a Special Area Development Authority, as the case may be, and includes its Chairman. (M) "Occupier" includes: (1) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (2) an owner in occupation of, or otherwise using his land; (3) a rent-free tenant; (4) a licensee; (5) any person who is liable to pay to the owner damages for the use and occupation of any land. (D) "Owner" includes a mortgagee in possession and any 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 behalf of or for the benefit of any other person or as an agent, trustee, guardian or receiver for any other person or for any religious or charitable institution, or who would receive the rent or be entitled to receive the rent or premium if the land were let to a tenant; and includes the Head of a Government Department, General Manager of a Railway, and the Chief Executive Officer of any local authority, statutory authority, company, corporation or undertaking by whatever name called in respect of properties under their respective control. (N) "Planning area" means any area declared to be a planning area under this Act (and the expression 'non-planning area' shall be construed accordingly). (NN) "Reconstituted plot" means a plot which is altered by the preparation of a town development scheme. (t) "Region" means any area established to be a region under this Act. (Th) "Regional plan" means a plan for the region prepared under this Act and approved by the State Government. (D) "Slum" means any area declared to be a slum area under section 3 of the Madhya Pradesh Slum Area (Improvement and Clearance) Act, 1976 (No. 39 of 1976). (Dh) "Special area" means any area designated as such under section 64. (N) "Special Area Development Authority" means an authority constituted under section 65. (i) "Town development scheme" means any scheme prepared by a Town and Country Development Authority for the implementation of the provisions of a development plan and includes "scheme". (F) "Town and Country Development Authority" means an authority constituted under section 38. (c) "Sector" means a section of a planning area for which a detailed sectional plan has been prepared under a development plan. (Bh) Deleted. Amendments made to clause (t) sub-clauses (2), (3) (inclusion of Nagar Panchayat, Gram Panchayat) and clause (b) (District Planning Committee)