Definitions

In this Act, unless the context otherwise requires,-

1. (a) "Agriculture includes horticulture, farming, raising of annual or periodical crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, the reserving of land for fodder, grazing or thatching grass, breeding and keeping of live-stock including cattle, horses, donkeys, mules, pigs, breeding of fish, keeping of bees, and the use of land ancillary to the farming of land, but does not include,-
   • (i) keeping of cattle purely for the purpose of milking, selling the milk and milk products;
   • (ii) a garden which is an appendage of buildings and the expression 'agriculture' shall be constructed accordingly.
2. (b) "Amenity" includes roads and streets, metro rail, water, gas and electric supply, open spaces, parks, recreational area, natural features, play grounds, tourist spots, street lighting, drainage, sewerage, digital communication infrastructure and other utilities, services and conveniences as the State Government may, specify by notification to be an amenity for the purpose of this Act,
3. (c) "Area Development Plans" means the plans prepared under the provisions of Section 22 of this Act, prepared for a specific area of a zone by the Metropolitan Region Development Authority. The Area Development Plans may identify measures for plot utilisation, fire protection, accessibility, streat design, pedestrianisation, transportation network, infrastructure, parking management, green network including parks and open spaces etc. The regulations identified in the Area Development Plans shall take precedence over the base zone regulations;
4. (d) "building" means a house, hut, shed or other structure for whatever purposes and with whatever material constructed and every part thereof, whether temporary or permanent and whether used as human habitation or not and includes a well, latrine, drainage work, fixed platform, verandah, plinth, doorsteps, compound wall, fencing etc. and any work connected therewith but does not include plant or machinery comprised in a building;
5. (e) "Committee" means the Metropolitan Planning Committee constituted under section 4 of this Act;
6. (f) "Company" means a body corporate registered under the Companies Act, 2013 (No. 18 of 2013) and includes a firm or an association of individuals;
7. (g) "Development" with its grammatical variations means the carrying out of a building, engineering, mining or other operation in, or over or under land, or the making of any material change in any building or land or in the use of either and includes redevelopment, reclamation of land, conservation of environment, forming of layouts and sub division of any land;
8. (h) "Director" means the Director of Town and Country Planning appointed under Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);
   • (i) "Government" means the Government of Madhya Pradesh;
9. (j) "Government Company" means a Government Company or Corporation registered under the Companies Act, 2013 (No. 18 of 2013) which has one of its objects the development of an area;
10. (k) "Land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
11. (l) "Local authority" means-
    • (i) a Municipal Corporation constituted by or under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956);
    • (ii) a Municipal Council or Nagar Parishad constituted by or under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961);
    • (iii) a Gram Panchayat constituted under the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994).
12. (m) "Metropolitan Development and Investment Plan" means a plan prepared and brought into operation under section 17 of this Act;
13. (n) "Metropolitan Region" means the area comprising of such areas as the Government may by notification specify from time to time under section 3 of this Act;
14. (o) "Metropolitan Region Development Authority" means the Metropolitan Region Development Authority constituted under section 8 of this Act;
15. (p) "Occupier" includes-
    • (i) a tenant;
    • (ii) an owner in occupation of or otherwise using his land;
    • (iii) a rent free tenant;
    • (iv) a licensee;
    • (v) any person liable to pay to the owner, damages for the use and occupation of the land.
16. (q) "Owner" means the owner of the land or building and includes a mortgagee 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 weather on his own account or on behalf of or for the further benefit of any other person or as then agent, trustee, guardian or receiver for any other person or for religious or charitable institutions or who would receive the rent or be entitled to receive the rent or premium if the land were to be let and includes a Head of Government Department, General Manager of a railway and Chief Executive Officer, by whatever name designated, offer local authority, statutory authority, company, corporation or undertaking in respect of properties under their control;
17. (r) "Plan" includes a map or maps indicating proposals, and/or sets of documents and/or statements and policies and development briefs for securing, promoting and regulating development in the metropolitan region or for any area; "Prescribed" means the rules, regulations, notifications and orders issued by the Government under the provisions of this Act;
18. (t) "Regulation" means a regulation made under this Act;
19. (u) "Sectors of Metropolitan development" means and includes traffic and transportation facilities, housing, new townships, circulation network, community facilities, work centers, open spaces and environment, ecological development, leisure, tourism and recreation facilities;
    • (v) "Town development scheme" means a scheme prepared for the implementation of the provisions of a Metropolitan Development and Investment Plan by the Metropolitan Region Development Authority;
20. (w) "Transfer of the Development Rights" means making available certain amount of additional built up area in lieu of the area relinquished or surrendered by the owner of the land, so that he can use extra built up area either himself or transfer it to another in need of the extra built up area.