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Definitions in Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration as per mentioned in the UDCPR 

 

This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

 

Rule No. 1.3 Definitions

 

In these Regulations, unless the context otherwise requires, the definitions given hereunder, shall have meaning indicated against each of them.

 

Words and expressions which are not defined in these Regulations, shall have the same meaning or sense as in the :-

 

i)  Maharashtra Regional and Town Planning Act, 1966

 

ii)  Maharashtra Municipal Corporations Act, 1949

 

iii)  Nagpur Improvement Trust Act, 1936

 

iv)  Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965

 

v)  Maharashtra Metropolitan Region Development Authority Act, 2016

 

vi)  Maharashtra Land Revenue Code, 1966

 

vii)  Real Estate (Regulation and Development) Act, 2016

 

viii)  National Building Code of India, 2016

 

ix)  Maharashtra Housing and Area Development Act, 1976

 

x)  Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971

 

1. Act - means the Maharashtra Regional & Town Planning Act, 1966 as may be amended from time to time.

 

2. Addition/Alteration - means any change in existing authorized building or change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor, roof or other support or a change to or closing of any required means of ingress or egress or a change to the fixtures of equipment as provided under these regulations. However, modification in regards to gardening, whitewashing, painting, plastering, pointing, paving and retiling shall not be deemed to be alteration.

 

3. Advertising Sign - means any surface or structure with characters, letters or illustrations applied thereto and displayed outdoors in any manner whatsoever for purposes of advertising or to give information regarding or to attract the public to any place for public performance, article or merchandise whatsoever, or is attached to, or forms a part of the building, or is connected with any building or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body.

 

4. Air-conditioning - means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space.

 

5. Accessory Building - means a building separate from the main building on a plot and containing one or more rooms for accessory use such as servant quarters, garages, store rooms etc.

 

6. Accessory/Ancillary Use - means any use of the premises subordinate to the principal use and incidental to the principal use.

 

7. Amenity Space - for the purpose of these regulations, amenity space means a statutory space kept in any layout to be used for any of the amenities such as open spaces, parks recreational grounds, playgrounds, sports complexes, gardens, convenience shopping, parking lots, primary and secondary schools, nursery, health club, Dispensary, Nursing Home, Hospital, sub-post-office, police station, electric substation, ATM of banks, electronic cyber library, open market, garbage bin, assisted living and hospice together, senior citizen housing and orphanage together, project affected persons' housing, auditorium, conventional centre, water supply, electricity supply and includes other utilities, services and conveniences.

 

8. Annual Statements of Rates - means the Annual Statements of Rates (ASR) published by the Inspector General of Registration, Maharashtra State, Pune.

 

9. Architectural Projection - means a chajja, cornice, etc. which is a protrusion from the building facade or line of the building only for aesthetic purposes and not used for any habitable purpose.

 

10. Access - means a clear approach to a plot or a building.

 

11. Architect - An Architect who is a member of the Indian Institute of Architects and duly registered with the Council of Architecture under the Architects Act, 1972.

 

12. Apartment - means whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified.

 

13. Applicant - means any person who is an owner or a person having an irrevocable registered Power of Attorney of an owner and any other document as acceptable to the Authority.

 

14. Authority means :

 

i) in the case of a Municipal Corporation, the Municipal Commissioner or such other officer as he may appoint on this behalf.

 

ii)  in the case of a Zilla Parishad, the Chief Executive Officer or such other officers as he may appoint on this behalf.

 

iii)  in the case of a Municipal Council, the Chief Officer of the Council; and

 

iv)  in the case of any other local authority, Special Planning Authority, New Town Development Authority or Area Development Authority, the Chief Executive Officer or person exercising such powers under Acts applicable to such authorities.

 

v)  in the area of a Regional Plan, the Collector of the District.

 

vi)  in the case of Development Authorities established under the Metropolitan Region Development Authorities Act, the Metropolitan Commissioner or such other officer as he may appoint on this behalf.

 

vii)  in case the land is situated in the gaothan, within the meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966, the village Panchayat concerned.

 

15. Atrium - means a skylighted and naturally/mechanically ventilated area in a building, with no intermediate floors and used as circulation space or entrance foyer.

 

 

16. Balcony - means a horizontal cantilever projection, including parapet, handrail or balustrade to serve as a passage or sitting out place with at least one side open, except for the railing or parapet wall for safety.

 

 

Also, the non-cantilever balcony shown in the illustration below shall be treated as a balcony.

 

 

17. Basic FSI - means floor Space Index permissible without levy of premium or loading of TDR on any parcel of land as per the provisions of these regulations.

 

18. Basement/Cellar - means the lower storey of a building below or partly below the ground level with one or more than one level.

 

19. Biotechnology Unit/Park - means a Unit or a Park which is certified as such by the Development Commissioner (Industries).

 

20. Building - means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, wells, doorsteps, fencing, plumbing and building services, fixed - platforms, verandahs, balcony; cornice or projection, part of a building or anything affixed thereto or any wall fence enclosing or intended to enclose any land or space and signs and outdoor display structures. However, tents, shamiyanas and the tarpaulin shelters erected for temporary and ceremonial occasions with the permission of the Authority shall not be considered as buildings.

 

21. Built-up Area - means the area covered by a building on all floors including cantilevered portion, and mezzanine floors, if any, but excluding the areas specifically exempted from the computation of Floor Space Index (F.S.I.) under these Regulations.

 

22. Building Line - means the line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend. It includes the lines prescribed, if any, in any scheme and/or development plan/Regional Plan, or under any other law in force.

 

23. Building Height - means the vertical distance measured in the case of flat roofs, from the average level of the ground around and contiguous to the building or as decided by the Authority to the terrace of last floor of the building adjacent to the external walls; to the highest point of the building and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof; and in the case of gable facing road, the mid-point between the eaves level and the ridge. Architectural features serving no other function except that of decoration, terrace water tank, staircase roof and parapet wall shall be excluded for the purpose of measuring heights.

 

24. Cabin - means a non-residential enclosure constructed of non-load bearing, non-masonry partitions.

 

25. Carpet area - means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or veranda area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.

 

Explanation (1) - The expression "exclusive balcony or veranda area" means the area of the balcony or veranda, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee; and "exclusive open terrace area" means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee.

 

Explanation (2) - If in any regulation of these regulations, the carpet area is defined differently than what is mentioned here, then the carpet area as mentioned in that regulation, shall be applicable.

 

26. Chajja - means a sloping or horizontal structural overhang usually provided over openings on external walls to provide protection from sun and rain and for the purpose of architectural appearance.

 

27. Chief Fire Officer - means a Chief Fire Officer as specified in the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and Rules there under as amended from time to time.

 

28. Chimney - means an upright shaft containing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operation of heat-producing appliance or equipment employing solid, liquid or gaseous fuel.

 

29. Cluster - means any area of land so defined, under these regulations.

 

30. Combustible Material - means a material which when burnt adds heat to a fire when tested for combustibility in accordance with IS 3808-1979 : Method of test for non-combustibility of building materials (first revision) given in the National Building Code.

 

31. Congested Area - In the case of the Regional Plan area, a land included within the gaothan as determined under Maharashtra Land Revenue Code, 1966, and in the case of other areas as specifically earmarked in the Development Plan/Planning Proposal. (In the case of Nashik Municipal Corporation, a congested area is referred to as a Core area).

 

32. Control Line - means a line on either side of a highway or part of a highway beyond the building line fixed in respect of such highway by the Highway Authority from time to time.

 

33. Courtyard or Chowk - means a space permanently open to sky enclosed on sides fully or partially by buildings and may be at ground level or any other level within or adjacent to a building.

 

34. Canopy - means a cantilevered projection over any entrance to a building.

 

 

35. Convenience Shops - means shops for day-to-day domestic needs, as distinguished from wholesale trade or departmental stores.

 

36. Corridor - means a common passage or circulation space including a common entrance space.