section 2
Definitions
The Haryana Urban Development Authority Act, 1977Infrastructure1977111 of 112 sections available7 chapters
Statutory text
In this Act, unless the context otherwise requires,---
- (a) "amenity" includes roads, water-supply, street-lighting, drainage, [sewerage, treatment and disposal of sewage, sullage and storm water] public works, tourist spots, open spaces, parks, landscaping and play fields, and such other conveniences as the State Government may, by notification, specify to be an amenity for the purposes of this Act;
- (aa) "basic amenities" include metalled roads, wholesome water, sewerage and electrifications;
- (b) "Authority" means the Haryana Urban Development Authority constituted under sub-section
- (1) of section 3;
- (c) "building" includes—
- (i) a house, out-house, stable, latrine, godown, shed, hut, wall and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever;
- (ii) a structure on wheels or simply resting on the ground without foundations;
- (iii) a ship, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or storing any articles or goods; and
- (iv) the gardens, grounds, carriages and stables, if any, appurtenant to any building which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;
- (d) "building operations" include re-building operations, structural alterations of, or additions to, buildings and other operations normally undertaken in connection with the construction of buildings;
- (e) "Chief Administrator" means the Chief Administrator of the Authority;
- (f) "Collector" means the Collector of the district and includes any other person appointed by the State Government for performing the functions of the Collector under this Act;
- (g) "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 and includes re-development;
- (h) "development plan" means a plan prepared under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, or the Faridabad Complex (Regulation and Development) Act, 1971;
- (i) "Director" means the Director of Town and Country Planning, Haryana and includes any person for the time being appointed by the State Government, by notification, in exercise to perform all or any of the powers and functions of the Director under this Act and the rules and regulations made thereunder;
- (j) "engineering operations" include the formation or laying out of means of access to a road or the laying out of means of water-supply, drainage, [sewerage, treatment and disposal of sewage, sullage and storm water] or of electricity cables or line or of telephone lines;
- (k) "erect or re-erect any building" includes—
- (i) any material alteration or enlargement of any building;
- (ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;
- (iii) the conversion into more than one place for human habitation of a building originally constructed as one such place;
- (iv) the conversion of two or more places of human habitation into a greater number of such places;
- (v) such alterations of a building as affect its drainage or sanitary arrangements, or materially affect its security;
- (vi) the addition of any rooms, buildings, out-houses or other structures to any building;
- (vii) the construction in a wall adjoining any street or land not belonging to the owner of the wall or a door opening on to such street or land;
- (l) "Estate Officer" means a person appointed by the Authority to perform the functions of an Estate Officer under this Act in one or more than one urban areas;
- (m) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
- (n) "local authority" means a municipal committee, a municipal corporation, a Town Improvement Trust, the Faridabad Complex Administration, any other local authority constituted or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund;
- (o) "means of access" includes any means of access, whether private or public, for vehicles or for pedestrians and includes a road;
- (p) "member" means a member of the Authority and includes the Chairman, the Vice-Chairman and the Chief Administrator thereof;
- (q) "occupier" means a person, including a firm or other body of individuals, whether incorporated or not who occupies land or building sold, leased or transferred in any manner whatsoever under this Act and includes his successors and assignees;
- (r) "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—
- (i) railways;
- (ii) national highways;
- (iii) national waterways;
- (iv) major ports;
- (v) posts and telegraphs, telephones, wireless, broadcasting and other like forms of communications;
- (vi) regional grid for electricity;
- (vii) any other service which the State Government may, if it is of the 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 purposes 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 and quarters for limited operational staff like the gate keeper), roads and drains in railway colonies, hospitals, clubs, institutions and schools, in the case of railways; and
- (ii) a new building, other 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; "prescribed" means prescribed by rules made under this Act;
- (t) "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 charge or not;
- (u) "regulation" means a regulation made under this Act by the Authority;
- (v) "Secretary" means the Secretary of the Authority;
- (w) "transfer" includes a sale or lease of land or buildings under section 15;
- (x) "transferee" means a person, including a firm or other body of individuals, whether incorporated or not, to whom land or building is sold, leased or transferred in any manner whatsoever under this Act, and includes his successors and assignees;
- (y) "urban area" means—
- (i) the area comprised within the jurisdiction of any local authority and also any such area in the vicinity as the State Government may, having regard to the extent of, and the scope for, the urbanisation of that area or other relevant considerations, specify in this behalf by notification; and
- (ii) such other area as the State Government may, by notification declare to be an urban area, which in the opinion of the State Government is likely to be urbanised, and includes any area declared as controlled area under the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, or the Faridabad Complex (Regulation and Development) Act, 1971.
- (c) "building" includes—
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