Definitions

Section 2 of the Jammu and Kashmir Development Act, 1970 deals with definitions. In this Act, unless the context otherwise requires,–– (a) “amenity” includes road, street lighting, drainage, sewerage, public works and such other convenience as the Government may, by notification in the *[Government Gazette], specify to be an amenity for the purposes of this Act ; The Act came into force on 31 Oct 1970.

In this Act, unless the context otherwise requires,––

(a) “amenity” includes road, street lighting, drainage, sewerage, public works and such other convenience as the Government may, by notification in the ^*[Government Gazette], specify to be an amenity for the purposes of this Act ;

(b) “building” includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not ;

(c) “building operations” includes re-building operation, structural alterations of or additions to buildings and other operations normally undertaken in connection with the construction of buildings ;

(d) “development” with its grammatical variations means the carrying out of building, engineering quarrying or extraction or manufacture of building materials or other operations in, on, over or under land, or “erecting or re-erecting” of any building or land and includes redevelopment ;

¹[(da) “economically weaker section” means such class of persons, 2x x x x, as may be notified by the Government from time to time, for the purpose of providing housing sites of the dimension ³[as may be prescribed] ;

(db) “floor space index” means the area that can be constructed on a piece of land divided by the total area of the land ;

(dc) “group housing” means more than two buildings on a plot with one or more floors and with one or more dwelling units in each floor ;

(e) “Local Area” means any area declared to be a local area under subsection (1) of section 3 ;

⁴[(ea) “low income group” means such class of persons, ²[x x x x], as may be notified by the Government from time to time, for the purpose of providing housing sites which may be of dimension ³[as may be prescribed] ;

(f) “engineering operations” includes the formation of laying out of means of access to a road or the laying out of means of water supply or any other amenity ;

(g) “means of access” includes any means of access whether private or public, for vehicles or for foot passenger, and includes a road ;

(h) “regulation” means a regulation made under this Act by the Development Authority constituted under section 3 ;

(i) “rule” means a rule made under this Act ;

⁴[(ia) “shelter fee” means fee levied and collected in lieu of the reservation of land or floor area, as the case may be, being an amount equal to the market value of the land or floor area determined on the basis of the rates notified by the Government, which is required to be reserved for the economically weaker section and the lower income groups] ;

(j) “to erect or re-erect” in relation to 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 any 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 alteration of a building as affect an alteration of its drainage or sanitary arrangements or materially affect its security ;

(vi) the addition of any rooms, buildings, 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, of a door opening on to such street or land ; and

(viii) reconstruction of a building or a portion thereof ;

(k) “Zone” means any one of the divisions in which a local area may be divided for the purposes of development under this Act ;

(l) the expression “land” and the expression person interested shall have the meaning respectively assigned to them in ⁵[the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)] ;

⁶[(m) “Strategic Areas” means an area notified as Strategic Area under subsection (3) of section 3 of this Act.]

Section 2, The Jammu and Kashmir Development Act, 1970 (Act 21 of 1970).