Jammu and Kashmir State Town Planning Act, 1963

No: 20 Dated: Mar, 30 1963

THE JAMMU AND KASHMIR STATE TOWN PLANNING ACT, 1963

(Act No. XX of 1963)

An Act to provide for the development of the State according to plan and for matters ancillary thereto.

Be it enacted by the Jammu and Kashmir State Legislature in the Fourteenth Year of the Republic of India as follows :-

CHAPTER-I

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir State Town Planning Act, 1963.

(2) It shall extend to the whole State.

(3) It shall come into force on such date as the Government may, by notification, appoint.

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

(a) "Board" means the Development Board consisting of one or more persons or officers as the Government may appoint for the purposes of this Act in respect of any area;

(b) "Minister" means the Minister-in-charge, Roads and Buildings Departments or any other Minister notified by the Government for purposes of this Act;

(c) "owner" includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian manager or receiver for another person, or for any religious or charitable purpose, the rents or profits of the property in connection with which the word is used;

(d) "plan" means a map or a drawing illustrating a scheme and the boundaries of an area to which such a scheme is meant to apply;

(e) "plot" means a continuous portion of land held in one ownership other than land used, allotted or reserved for any public or municipal purposes;

(f) "prescribed" means prescribed by rules made under this Act;

(g) "prescribed authority" means an officer appointed by the Government as such for purposes of this Act;

(h) "reconstituted plot" means a plot which is in any way altered by the making of a town planning scheme otherwise than by the severance of land used, allotted or reserved for any public or municipal purposes;

(i) "scheme" means a town planning scheme and includes a plan and its appendices relating to a tow n planning scheme;

(j) "to 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 a 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 alterations 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; and

(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;

(k) "town planning" includes town improvement.