Definitions

.1

Definitions. 2. In this Act, unless the context otherwise requires –

1. (i) “Adjunct” means such area around the monument as may be declared by the Government on the advise of the Board.
2. (ii) “Agriculture” includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodders, trees or any kind of cultivation of soil, breeding and keeping of livestock including cattle, donkeys, mules, pig, fish, poultry and bees and use of any land which is ancillary to the farming of land or other agricultural purpose of a garden to be used along with such building and agricultural shall be constructed accordingly;
3. (iii) “Amenities” include roads and streets, open spaces, parks, recreational grounds, play grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, service and conveniences ;
4. (iv) “Area of bad layout or obsolete development” means an area or areas consisting of land which is badly laid out or obsolete development;
5. (v) “Building” means construction for whatsoever purpose and of whatsoever materials constructed in every part thereof, whether used as human habitation or not, and includes plinth, walls, chimney, drainage, works fixed platforms, verandah, balcony, works cornice or projection or part of a building or delimiting or intended to enclosed or delimit any land or space.
6. (vi) “Building Operation” includes –

1. (a) Erection or re-erection of a building or any part of it;
2. (b) Roofing or re-roofing of any part of building or open space;
3. (c) Any materials alteration or enlargement of any building;
4. (d) Any such alteration of building as it likely effect as alteration of its drainage or materially affects its security;
5. (e) The construction of a door opening on any street or land not belonging to the owner.
   • (vii) “Chief Town & Country Planner” means a person possessing the prescribed qualifications in Town & Country Planning and so appointed by the Government under section 3 of this Act to perform the duties of Chief Town & Country Planner.
   • (viii) “Commercial use” means use of any land or building or part thereof for the purpose of profession, sale or exchange of goods of any type whatsoever and includes running of with a view to making profit, hospital, nursing homes, infirmaries, educational institutions, hostel, restaurants and boarding houses not being attached to any educational institutions, sarais and so includes the use of any land or building for storage of goods or otherwise;
   • (ix) “Committee” means such [Urban Planning and Development Board or Committee constituted] under this Act.
   • (x) “Court” means a principal Civil Court of original jurisdiction and includes any other Civil Court empowered by the Government of Mizoram to perform the functions of the court under this Act within the pecuniary local limits of its jurisdiction;
   • (xi) [“Collector” means any person so defined in the Land Acquisition Act, 1894];
   • (xii) “Development” with its grammatical variations, means the carrying out of building, engineering, mining or other operations, in, on, or over or under land on the making of any material change, in any building or land, or in the use of any building or land, and includes re-development and Layout plan and Sub-division of any land ; and to ‘develop’ shall be construed accordingly ;
   • (xiii) “Development Plan” means Integrated Interim Development Plan, [District] or Regional Development Plan, Rural or Sectoral Plan, Urban Development Plan prepared under this Act ; (xiii-A) [“District” means a district in a State;]
   • (xiv) “Engineering Operations” includes the formation of laying out of means of access to a road or the laying out of means of water supply, drainage, sewerage or the electricity cable or of telephone and other communications lines.
   • (xv) “Government” means the Government of Mizoram
   • (xvi) “Industrial use” includes the use of any land or building or part thereof for the purposes of industry as defined.
   • (xvii) “Industry” includes the carrying on of manufacturing process as defined in the factories Act, 1948; (Central Act No. 63 of 1948) (xviii) “Land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
   • (xix) “Legislative Assembly” means the Legislative Assembly of Mizoram;
   • (xx) “Local Authority” means a Village Council or Town Committee or [Municipality or Municipal Board or District Council or] other Authority legally entitled or entrusted by the Government with, control or management of local fund or which is permitted by the Government to exercise the powers of local authority;
6. (xxi) “Local Newspaper” means any registered Newspaper either Mizo or English, publish or circulated within the planning areas or regions ;
7. (xxii) “Occupier” includes –
8. (a) a tenant ;
9. (b) an owner in occupation of, or otherwise using his land ;
10. (c) a rent free tenant of any land, and
11. (d) a license in occupation of any land and
12. (e) any person who is liable to pay the owner damages for the use and occupation of any land ; (xxiii) “Official Gazette” means the Mizoram Gazette issued by the Government of Mizoram from time to time ;
13. (xxiv) “Operational Construction” means any construction whether temporary or permanent, which is necessary for the development, execution, operation, maintenance of any of the following services, namely :-
14. (a) railways;
15. (b) national highway;
16. (c) national waterways;
17. (d) inland waterways;
18. (e) major & minor ports;
19. (f) airways and aerodromes;
20. (g) posts and telegraphs, telephones; wireless, broadcasting and other like forms grid for electricity;
21. (h) regional grid for electricity;
    • (i) Any other services which the Government may, it is opinion that the operation, maintenance, development or execution of such other service is essential to the life of the community by notification declare to be a service for the purpose of this clause. Explanation : For the removal of doubts, it is hereby declared that construction of –
    • (i) New residential buildings, except those connected with operation of lodges, hospitals, clubs, institutions, schools, railways colony, roads, drains etc, in the case of railways ; and
    • (ii) a new buildings, new structure or new installation or any, other service, shall not be deemed to be construction within the meaning of this clause.
22. (xxv) “Owner” includes a mortgaging 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 whether on his own account of, or on behalf of or for the benefit of any other person, or as an agent, trustee, guardian, or receive for any other guardian, or receive for any other person, or for any religious or charitable institution, or who would so receive the rent or premium if the land were let to tenant, and includes the Head of Government Department, General Manager of a Railway, the Secretary or other Principal officer of a Local authority, Statutory authority or Company in respect of properties under their respective control;
23. (xxvi) “Planning Area” means any area or areas [ or any Town or Urban area] as declared to be Planning area or areas under this Act ; (xxvii) “Planning Region” means any region declared to be Planning region or regions under this Act. (xxviii) “Prescribed” means prescribed by rules or regulations made under this Act ;
24. (xxix) “Public place” means any place or building which is opened to be used for enjoyment of the public whether it is actually used or enjoyed by the public or not, and whether the entry is regulated by any charge or not ;
25. (xxx) “Public purpose” shall have the meaning assigned to its as [clause (f)] of section 3 of the Land Acquisition Act, 1894 as amended from time to time. (Central Act No. I of 1894)
26. (xxxi) “Qualified Town & Country Planner” means a person possessing Post Graduate Degree/Diploma in City/Town/Urban/Regional Planning or equivalent Planning Degrees from a recognised Indian or Foreign Institutes ; (xxxii) “Regulation” means a regulation made under this Act by the Government and includes zoning and other regulations made as a part of a Development Plan ; (xxxiii) “Reconstitution Plot” means a plot which is altered in ownership or in any other way by the making of Development schemes ; (xxxiv) “Regulation” means a regulation made under this Act by the Government and includes zoning and other regulations made as a part of a Development Plan ;
27. (xxxv) “Relocation of Population” means in relation to an area of bad layout of obsolete development or a slum area, the making available, in that area or elsewhere of a accommodation for business or other activities in the said area who have to be so accommodated so that the said area may be properly planned; (xxxvi) “Residence” includes the use for human habitation of any land or building or part thereof including garden, grounds, garages, stables and out houses; (xxxvii) “Road” means and includes footway, highway streets, lanes, pathway, alley passageway, carriageway, square, bridge whether private or public, whether thoroughfare or not; whether existing or proposed in any schemes and includes all bunds, channels, ditches, culverts, side walks and traffic Island ; (xxxviii) “Rule” means a rule made under this Act ; (xxxix) “Scheme” means a Development scheme [prepared under this Act] and includes a design/plan or plans, together with description matter, if any relating to such a scheme ;
    • (xi) “Sector” means any Sector of a planning area or region for which under the Development Plan a detailed Development scheme is prepared ;
28. (xli) “Slum area” means any predominantly residential area, where the dwelling which by reason of dilapidation, overcrowding, congestion, faulty arrangement - of any type of design, lack of ventilation, light or sanitary facilities or any combination of these factors which are detrimental to safety, health or moral and whichever is defined by a Development plan as a slum area ;
29. (xlii) [“Town or Urban area” means such area as already declared under clauses

1. (9) or
2. (10) rule 2 of the Mizo District (Land & Revenue) Rules, 1967 a adopted from time of time, or under the Mizoram Urban Areas Rent Control Act, 1973, as the case may be, and such other area or areas to the population therein, the revenue generated for administration, the percentage of employment in non-agriculture activities, the economic importance of such other factors as may deem fit, specify by notification in the Official Gazette for the purpose of this Act. ] (xliii) “Zone” means any one of the Divisions in which the planning areas or regions may be divided for the purposes or uses of land or the purposes of development under this Act.