Definitions

§2

Summary

2. In this Act, unless the context otherwise requires, - (a) "abadi" or "village abadi" means land as defined in section 4 of the Uttar Pradesh Revenue code, 2006 - such area in a village which, on the date of commencement of this Code, is being used for the purposes of residence of its inhabitants or for purposes ancillary thereto such as sahan and green trees, wells etc. or which may have been or be hereafter reserved for such use; (b) "agency" means any Department of the State Government or a local authority or any statutory Board, Corporation or any other authority established by the State Government and entrusted with the powers and responsibility for grant or issue of clearances in connection with the setting up or operation of an enterprise in the State. (c) "amenities" means basic and essential services including but not limited to road, bridge, by-pass and underpass, drainage, water supply, collection-treatmentdischarge and disposal of industrial, institutional and township waste, health, education, transport, disaster management, parks, green areas, gas pipeline, entertainment, hospitality, recreation, industrial parks, townships, institutional areas and other facilities of conveniences as the Board may specify; (d) Board means the apex governing board constituted under section 7 of this Act.(e) "building" means any structure or erection, or any 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; (f) clearances means grant or issue of no objection certificate, allotment, consent, approval, permission, registration, enrolment, licence by any authority in connection with the setting up of enterprise in the State or expansion of existing enterprise. (g) concession agreement shall have the same meaning as assigned to it in the Public Private Partnership Projects; (h) "developer" means a person or entity with whom a concession agreement is entered into or a project has been awarded and such other agreement is entered into for furtherance of the objectives of this Act; (i) "development", with its grammatical variations and connotations, means the carrying out of building, engineering, mining or other operations in, or over, or under any land (including land under river, lake or any other water) or the making of any material change in any building or land or in the use of any building or land, and includes redevelopment and lay-out, and sub-division of any land and also the provision of public and civic facilities and projects and schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other similar activities, and 'to develop' shall be construed accordingly; (j) "development scheme" means a scheme for the purpose of implementation of Master Development Plan or Zonal Development Plan or to provide for development of any area. (k) "economic activity" means the activity and service relating to market transactions, including industrial and commercial sectors such as manufacturing, power, water, financial, processing, packaging, retail and wholesale trade, logistics, transport, tourism, hospitality, health, housing, entertainment, research, development, education, training, skill development, information and communication, management, consultancy and such other activities and services.(l)"Government" means the State Government of Uttar Pradesh; (m) "Government agency" means a Corporation or a body owned or controlled by the State Government or an authority established by or under any law of the State and includes a local authority and a Government Company formed under the Companies Act, 2013 (Act no. 18 of 2013); (n) "industrial area" shall have the same meaning as assigned to it in the Uttar Pradesh Industrial Area Development Act, 1976 (U.P. Act no. 6 of 1976); (o) "infrastructure facility" means road, bridge, bypass, underpass, water supply, drainage, collection-treatment-discharge and disposal of industrial, institutional and township waste, transport, electricity, post, telecommunication, disaster management, gas pipeline, and such other facility and includes any kind of public and civic facility; (p) "infrastructure project" means any project or facility, utility, amenity or service which is required for desirable, smooth, productive and efficient functioning of the NIRMAN Kshetra and includes such project within the NIRMAN Kshetra, connecting the NIRMAN Kshetra or required for it; (q) "local authority" means a Panchayati Raj Institution, a municipality, Uttar Pradesh Housing Board, an Urban Improvement Trust, or a Development Authority constituted by or under any Uttar Pradesh law; (r) "municipal services" means arrangement for public health, sanitation, solid waste management, drainage and sewerage, cleaning public streets or places, sewers and drains, lighting public streets or places, extinguishing fires, regulating offensive or dangerous trades or practices, removing obstructions and projections in public streets or places, securing or removing dangerous buildings, regulating disposal of carcasses of dead animals, naming streets and numbering houses, regulating the movement of dogs, cattle and other animals, and includes arrangement for such other services as are provided by a municipality in a municipal area; (s) "NIRMAN Kshetra" means an industrial area declared under section 3 of this Act; (t) "NIRMAN Kshetra Authority" means a regional development authority constituted for the NIRMAN Kshetra under section 10 of this Act. (u) "NIRMAN Kshetra Committee" means the governing committee of the NIRMAN Kshetra authority as constituted in section 12 of this Act. (v) "occupant" means a person who is in the legal possession of a site or building in the NIRMAN Kshetra and includes his successor, transferee and assignee; (w) "periphery" means the adjoining area of a NIRMAN Kshetra declared as such under section 4 of this Act. (x) "person" means and includes an individual, an entity, a company, firm, organization, association, society, establishment, institution including Government agency, carrying on business or economic activity in the NIRMAN Kshetra or entrusted with any work under the provisions of this Act; (y) "prescribed" means prescribed by rules made by the Government under section 48 of this Act; (z) "public and civic facility" means open space, garden, zoological garden, natural reserve, sanctuary, play ground, stadium, recreation ground, public assembly ground, theater, place for public gathering or entertainment, museum, art gallery, public lavatory, green belt, housing, school, college and other educational institution, hospital and other health and medical facility, social welfare and cultural facility, parking facilities and all other kind of facility for public and civic purpose as may be prescribed. (aa) "rules" means the rules made by the Government under section 48 of this Act; (bb) "regulations" means the regulations of the Board made under section 49 of this Act; (cc) "stipulated time" means the maximum time as notified by the Government from time to time to provide clearance, or to adjudicate on any appeal presented before the Appellate Authority." (dd) "unit" means a unit set up by a person for the purpose of carrying on any economic activity in NIRMAN Kshetra and includes an existing unit whether established before or after the commencement of this Act; (ee) "user charges" mean the charges levied by the Regional development authority, a developer or any other entity authorized for that purpose under this Act.

2. In this Act, unless the context otherwise requires, - (a) "abadi" or "village abadi" means land as defined in section 4 of the Uttar Pradesh Revenue code, 2006 - such area in a village which, on the date of commencement of this Code, is being used for the purposes of residence of its inhabitants or for purposes ancillary thereto such as sahan and green trees, wells etc. or which may have been or be hereafter reserved for such use; (b) "agency" means any Department of the State Government or a local authority or any statutory Board, Corporation or any other authority established by the State Government and entrusted with the powers and responsibility for grant or issue of clearances in connection with the setting up or operation of an enterprise in the State. (c) "amenities" means basic and essential services including but not limited to road, bridge, by-pass and underpass, drainage, water supply, collection-treatmentdischarge and disposal of industrial, institutional and township waste, health, education, transport, disaster management, parks, green areas, gas pipeline, entertainment, hospitality, recreation, industrial parks, townships, institutional areas and other facilities of conveniences as the Board may specify; (d) Board means the apex governing board constituted under section 7 of this Act. (e) "building" means any structure or erection, or any 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; (f) clearances means grant or issue of no objection certificate, allotment, consent, approval, permission, registration, enrolment, licence by any authority in connection with the setting up of enterprise in the State or expansion of existing enterprise. (g) concession agreement shall have the same meaning as assigned to it in the Public Private Partnership Projects; (h) "developer" means a person or entity with whom a concession agreement is entered into or a project has been awarded and such other agreement is entered into for furtherance of the objectives of this Act; (i) "development", with its grammatical variations and connotations, means the carrying out of building, engineering, mining or other operations in, or over, or under any land (including land under river, lake or any other water) or the making of any material change in any building or land or in the use of any building or land, and includes redevelopment and lay-out, and sub-division of any land and also the provision of public and civic facilities and projects and schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other similar activities, and 'to develop' shall be construed accordingly; (j) "development scheme" means a scheme for the purpose of implementation of Master Development Plan or Zonal Development Plan or to provide for development of any area. (k) "economic activity" means the activity and service relating to market transactions, including industrial and commercial sectors such as manufacturing, power, water, financial, processing, packaging, retail and wholesale trade, logistics, transport, tourism, hospitality, health, housing, entertainment, research, development, education, training, skill development, information and communication, management, consultancy and such other activities and services. (l)"Government" means the State Government of Uttar Pradesh; (m) "Government agency" means a Corporation or a body owned or controlled by the State Government or an authority established by or under any law of the State and includes a local authority and a Government Company formed under the Companies Act, 2013 (Act no. 18 of 2013); (n) "industrial area" shall have the same meaning as assigned to it in the Uttar Pradesh Industrial Area Development Act, 1976 (U.P. Act no. 6 of 1976); (o) "infrastructure facility" means road, bridge, bypass, underpass, water supply, drainage, collection-treatment-discharge and disposal of industrial, institutional and township waste, transport, electricity, post, telecommunication, disaster management, gas pipeline, and such other facility and includes any kind of public and civic facility; (p) "infrastructure project" means any project or facility, utility, amenity or service which is required for desirable, smooth, productive and efficient functioning of the NIRMAN Kshetra and includes such project within the NIRMAN Kshetra, connecting the NIRMAN Kshetra or required for it; (q) "local authority" means a Panchayati Raj Institution, a municipality, Uttar Pradesh Housing Board, an Urban Improvement Trust, or a Development Authority constituted by or under any Uttar Pradesh law; (r) "municipal services" means arrangement for public health, sanitation, solid waste management, drainage and sewerage, cleaning public streets or places, sewers and drains, lighting public streets or places, extinguishing fires, regulating offensive or dangerous trades or practices, removing obstructions and projections in public streets or places, securing or removing dangerous buildings, regulating disposal of carcasses of dead animals, naming streets and numbering houses, regulating the movement of dogs, cattle and other animals, and includes arrangement for such other services as are provided by a municipality in a municipal area; (s) "NIRMAN Kshetra" means an industrial area declared under section 3 of this Act; (t) "NIRMAN Kshetra Authority" means a regional development authority constituted for the NIRMAN Kshetra under section 10 of this Act. (u) "NIRMAN Kshetra Committee" means the governing committee of the NIRMAN Kshetra authority as constituted in section 12 of this Act. (v) "occupant" means a person who is in the legal possession of a site or building in the NIRMAN Kshetra and includes his successor, transferee and assignee; (w) "periphery" means the adjoining area of a NIRMAN Kshetra declared as such under section 4 of this Act. (x) "person" means and includes an individual, an entity, a company, firm, organization, association, society, establishment, institution including Government agency, carrying on business or economic activity in the NIRMAN Kshetra or entrusted with any work under the provisions of this Act; (y) "prescribed" means prescribed by rules made by the Government under section 48 of this Act; (z) "public and civic facility" means open space, garden, zoological garden, natural reserve, sanctuary, play ground, stadium, recreation ground, public assembly ground, theater, place for public gathering or entertainment, museum, art gallery, public lavatory, green belt, housing, school, college and other educational institution, hospital and other health and medical facility, social welfare and cultural facility, parking facilities and all other kind of facility for public and civic purpose as may be prescribed. (aa) "rules" means the rules made by the Government under section 48 of this Act; (bb) "regulations" means the regulations of the Board made under section 49 of this Act; (cc) "stipulated time" means the maximum time as notified by the Government from time to time to provide clearance, or to adjudicate on any appeal presented before the Appellate Authority." (dd) "unit" means a unit set up by a person for the purpose of carrying on any economic activity in NIRMAN Kshetra and includes an existing unit whether established before or after the commencement of this Act; (ee) "user charges" mean the charges levied by the Regional development authority, a developer or any other entity authorized for that purpose under this Act.

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