Urban Land (Ceiling and Regulation) Act,1976
Act No : 33
Section :
Definitions.
2. Definitions. In this Act, unless the context otherwise requires,- (a) 'appointed day" means,- (i) in relation to any State to which this Act applies in the first instance, the date of introduction of the Urban Land (Ceiling and Regulation) Bill, 1976 in Parliament, and (ii) in relation to any State which adopts this Act under clause (1) of article 252 of the Constitution, the date of such adoption; (b) "building regulations" means the regulations contained in the master plan, or the law in force governing the construction of buildings; (c)"ceiling limit" means the ceiling limit specified in section 4; (d) "competent authority" means any person or authority authorised by the State Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification and different persons or authorities may be authorised to perform different functions; (e) "dwelling unit", in relation to a building or a portion of a building, means a unit of accommodation, in such building or portion. used solely for the purpose of residence; (f) "family", in relation to a person, means the individual the wife or husband, as the case may be. of such individual and their unmarried minor children. 197 Explanation.-For the purpose of this clause, "minor" means a person who has not completed his or her age of eighteen years; (g) "land appurtenant", in relation to any building, means- (i) in an area where there are building regulations, the minimum extent of land required under such regulations to be kept as open space for the enjoyment of such building, which in no case shall exceed five hundred square metres; or (ii) in an area where "here are no building regulations, an extent of five hundred square metres contiguous to the land occupied by such building, and includes, in the case of any building constructed before the appointed day with a dwelling unit therein, an additional extent not exceeding five hundred square metres of land, if any, contiguous to the minimum extent referred to in sub- clause (i) or the extent referred to in sub-clause (ii), as the case may be; (h)"master plan", in relation to an area within an urban agglo- meration or any part thereof, means the plan (by whatever name called) prepared under any law for the time being in force or in pursuance of an order made by the State Government for the development of such area or part thereof and providing for the stages by which such development shall be carried out; (i) "person" includes an individual, a family, a firm, a company, or an association or body of individuals, whether incorporated or not; (j) "prescribed" means prescribed by rules made under this Act; (k) "State" includes a Union territory and "State Government", in relation to any land or building situated in a Union territory or within the local limits of a cantonment declared as such under section 3 of the Cantonments Act, 1924, (2 of 1924.) means the Central Government; (l) "to hold" with its grammatical variations, in relation to any vacant land, means-- (i) to own such land; or (ii) to possess such land as owner or as tenant or as mortgagee or under an irrevocable power of attorney or under a hirepurchase agreement or partly in one of the said capacities and partly in any other of the said capacity or capacities. Explanation.-Where the same vacant land is held by one person in one capacity and by another person in another capacity, then, for the purposes of this Act, such land shall be deemed to be held by both such persons; (m) "Tribunal" means the Urban Land Tribunal constituted under section 12; (n) "urban agglomeration",- (A) in relation to any State or Union territory specified in column (1) of Schedule I, means,- (i) the urban agglomeration specified in the corresponding entry in column (2) thereof and includes the peripheral area specified in the corresponding entry in column (3) thereof; and (ii) any other area which the State Government may, with the previous approval. of the Central Government, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the 198 Official Gazette, declare to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to category D in that Schedule and the peripheral area therefor shall be one kilometre; (B) in relation to any other State or Union territory, means any area which the State Government may, with the previous approval of the Central Government, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the Official Gazette, declare to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to category D in Schedule I and the peripheral area therefor shall be one kilometre; (o) "urban land" means,- (i) any land situated within the limits of an urban agglomeration and referred to as such in the master plan; or (ii) in a case where there is no master plan, or where the master plan does not refer to any land as urban land, any land within the limits of an urban agglomeration and situated in any area included within the local limits of a municipality (by whatever name called), a notified area committee, a town area committee, a city and town committee, a small town committee, a cantonment board or a panchayat, but does not include any such land which is mainly used for the purpose of agriculture. Explanation.-For the purpose of this clause and clause (q),- (A) "agriculture" includes horticulture, but does not include- (i) raising of grass, (ii) dairy farming, (iii)poultry farming, (iv) breeding of live-stock, and (v) such cultivation, or the growing of such plant, as may be prescribed; (B) land shall not be deemed to be used mainly for the purpose of agriculture, if such land is not entered in the revenue or land records before the appointed day as for the purpose of agriculture: Provided that where on any land which is entered in the revenue or land records before the appointed day as for the purpose of agriculture, there is a building which is not in the nature of a farm-house, then, so much of the extent of such land as is occupied by the building shall not be deemed to be used mainly for the purpose of agriculture: Provided further that if any question arises whether any building is in the nature of a farm-house, such question shall be referred to the State Government and the decision of the State Government thereon shall be final; (C) notwithstanding anything contained in clause (B) of this Explanation, land shall not be deemed to be mainly used for the purpose of agriculture if the land has been specified in the master plan for a purpose other than agriculture; 199 (p) "urbanisable land" means land situated within an urban agglomeration, but not being urban land; (q) "vacant land" means land, not being land mainly used for the purpose of agriculture, in an urban agglomeration, but does not include- (i) land on which construction of a building is not permissible under the building regulations in force in the area in which such land is situated; (ii) in an area where there are building regulations, the land occupied by any building which has been constructed before, or is being constructed on, the appointed day with the approval of the appropriate authority and the land appurtenant to such building; and (iii) in an area where there are no building regulations, the land occupied by any building which has been constructed before, or is being constructed on, the appointed day and the land appurtenant to such building: Provided that where any person ordinarily keeps his cattle, other than for the purpose of dairy forming or for the purpose of breeding of live-stock, on any land situated in a village within an urban agglomeration (described as a village in the revenue records), then, so much extent of the land as has been ordinarily used for the keeping of such cattle immediately before the appointed day shall not be deemed to be vacant land for the purposes of this clause.
Read All Comments
