Definitions.

In t!~jsAct, unless there is anything repugnant in the subject or context, - (1) "agriculture" includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees or any kind of cultivation of soil, breeding and keeping of livestock including cattle. horses, donkeys, mules, pigs, fish, poultry and. bees and use of land which is ancillary to the farming of land or any other agricultural purposes, but shall not include the use of any land attached to a building for the purposes of a garded to be used alongwith such building, and "agricultural" shall be construed accordingly; (2) "amenil''1'' includ!3& roads and str~<~ts,water, gas and electric supply, o~ spaces, parks, recreatlorrl~1grounds, playgrounds, cultural centres, natural teatun streetliqhtinq, sewerage,qraina.ge, publlc tactlities and such other utilities, servlc- and '6dhveniences; (3) "snnuei plen" means a pian conceived w!t\lin the framework of the dev!3lrment plan of tile development area containing the physical and fiscal details of the ne, and ongoing projects or schemes to be undertaken in a financial year; (4) "Area of bad hwout or obsolete de!f~/Qpment'l means an area consisting of land which is badly laid out or of obsolete development together with othe land contiguous or adlacent thereto which is defined by a perpective plan, development plan or an annual plan as an area of bad layout or obsolete development; (5) "Authority" means a Development Authority constituted under sub-section (3) of section 21 for a development area under this Act; (6) "Board II means tile SHckirnUrban and Hegional Planning Board constituted under sectlon 3 of U,is Act; (7) "Building" includes any structure or erBGUOnOrpart ot a structure or erection which is intended to b!3used for residential, industrial cornmerclal or other purposes whether in actual use or not; (8) "building operetione" tnctude.- (a) erection or re-erectlonot a building or any part of it; (b) roofing Of' re-rooflnq of a building orany part of a buildin~Jor an open space; (c) any material alteration or enlargement of any building; (d) any such alteration of a building as is IikJily to attect an alteration of its drainage or sanitary arrangements or materially affect its security; and (e) the construction of a door or window openinq on any street or land not belonging to the owner of the building; (9) "Chief Town Planner" means the State Chief Town Planner appointed under section 7 of this Act; (10) "commerce" means the carrying on of any trade, business or profession, sale Qrexchange of goods of any type whatsoever. and includes the running of, with a view to making profit, hospitals or nursing homes, infirmaries, educational institutions and also hotels, restaurants and boardinq houses not attached to any educational institution, saralsand "commerciel" shall be construed acoordingly; (1'1) "commercial Use" Includes the use of any land or building or part thereof for purposes of commerce for storage of ~:jOods,oras anoffice, whether attached to any industry or otherwise; (12) "court" means a principal civil court of original jurisdiction and includes any other civil court empowered by the Government to perform the functions of the court , under this Act within the pecuniary and local limits of its jurisdiction; (13) "development" with its grammatical variations means the carrying out of building, engineering ITlining,quarrying or other operations in, on over or under land, the cutting of a hill or any portion thereof or the making of any materia! change inany building or land, or in the use"of any building or land, aile! includes SUb-division of any land; (14) "develop"!!J!Jt IiIfea" means the area orqroup of areas declared as develop .. ment area under SUb-section (t) of sectlon 21 of thls Act; (15) "deve/opmentlplan" means a develop~er,t plan preparec TOr lilt;; •..•"" ••.•,•.•1" ment area under this Adt; (16) "Engineering Operations" include the form~tion or the laying out of means of access to a road or the laying out of means of water supply, sewerage, gas or of electricity cables or lines or of telephone lines and other communication lines and public utility services; (17) "existing land use" means the pre-dominant purpose for which any land or building was being used on a specified date; (18) "Government" means the State Government of ~ikkm; (19) "Industry" includes the carrying on of any manutacturinq process as defined in the Factories Act; 1948 and "industrial" shall be construed accordingly; (20) "Industria/use" includes the use of any land or IJuilding or part thereof for purposes of any industry; (21) "tend" includes benefits arising out of iand attached to the earth or permanently fastened to anything attached to the earth; (22) "local eutnortty" means a Municipal Corporation c?ra Municipal Council or a Nagar Panchayat constituted under the Sikkirn Munlcipalltles Act, 1995 or a Bazaar Committee or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund or which is permitted by the Government to exercise the powers of a local authority, and includes Urban Development and Housing Department and a local authority is a "Local authority" concerned if any land within its local limits falls in the area 'of a plan prepared or to be prepared under this Act; (23) "local newspaper" in relation to any regional planning area or the develop- ment area means any newspaper published or circulated within that areas; (24) "means of access" includes any means of passage whether private or public, for vehicles or Tor pedestrians and includes any street; (25) "natural hazard" means the probability of occurrence within a specified periods of time in a given area of a potentially damaging natural phenomenon; sudden happening and occurrence of natural calamity like flood, earthquake, etc.; (26) "notification" means a notification published in tille Official Gazette; (27) "occupter" includes z- (a) a tenant; (b) an owner In occupation of or otherwise using his land or building or part thereof; (c) a rent free occupant of any land or building or part thereof; (d) a licensee in occupation of any land or building or part therof; (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building or part thersot; (28) "operational construction" means any constructlon whether temporary or permanent, which is necessary for the operation, mai'ntenance, development or execution of any of the following services