Definitions.
In this Act, unless the context otherwise requires,––
(1) “ Act” means the Jammu and Kashmir Property Rights to Slum
Dwellers Act, 2012 ;
(2) “affordable cost” means a cost that is based on the needs and
financial capability of the slum dweller, as determined by the State
Slum Redevelopment Authority ;
(3) “authorized officer” means any officer as may be specifically
authorized by the Government to exercise the powers of an
authorized officer in any specified area ;
(4) “basic civic services” means services of drinking water supply,
drainage, sewerage, solid waste disposal and street lighting ;
(5) “building” includes a house, out-house, stable, shed, hut and other
enclosure or structure, whether of masonry bricks, wood, mud, metal
or any other material whatsoever, whether used as human dwelling or
otherwise; and also includes verandahs, fixed platforms, plinths, doorsteps, electric meters, walls including compound walls and fencing
and the like, but does not include plant or machinery comprised in a
building ;
(6) “carpet area” means the net usable floor area of a dwelling house,
excluding that covered by the walls and the common areas ;
(7) “Central Government land” means land owned by the Central
Government or its undertakings ;
(8) “Chairperson” means the Chairperson of the City Slum
Redevelopment Committee appointed under section 8 of the Act ;
(9) “City Slum Redevelopment Committee” and “District Slum
Redevelopment Committee” means City Slum Redevelopment
Committee and District Slum Redevelopment Committee appointed
under section 8 or 9 of the Act, as the case may be ;
(10) “Deputy Commissioner” means the Deputy Commissioner of a
district and includes an Additional Deputy Commissioner or any
officer specially appointed by the Government to perform the
functions of a Deputy Commissioner under the Act ;
(11) “development/redevelopment” with its grammatical variations and
cognate expressions, means the carrying out of any building,
engineering or other operations in, on, over or under land or the
making of any material change in any building or land and includes
layout and sub-division of any land ;
(12) “dwelling house” means an all weather single/multi-storied super
structure with adequate basic infrastructure including portable
water, and sanitation for a quality living ;
(13) “dwelling space” means a dwelling house or a piece of land for
construction of a dwelling house ;
(14) “Floor Space Index/Floor Area Ratio” means the area that can be
constructed on a piece of land divided by the total area of the land ;
(15) “Government” means the Government of Jammu and Kashmir ;
(16) “Government land” means any land owned or acquired by the
1[Union territory of Jammu and Kashmir] Government or its
undertakings or the Urban Local Body or Development Authorities
situated in a district or an urban area, as the case may be ;
(17) “in-situ slum re-development” means the process of redevelopment
of slum areas by providing dwelling space and other basic civic
and infrastructural services to the slum dwellers, on the existing
land on which the slum is based ;
(18) “land’ includes benefits arising out of land, and things attached to the
earth or permanently fastened to anything attached to the earth ;
(19) “landless person” means a person who does not own either in his
own name or in the name of any member of his family any dwelling
house or land in an urban area ;
(20) “Member” in relation to the District or City Slum Redevelopment
Committee, means the member of the City Slum Redevelopment
Committee appointed under sections 7 & 8 and includes the
Chairperson ;
(21) “person” includes an individual and his family.
Explanation:–– ‘family’ includes husband, wife, minor son, unmarried
daughter or any relation by blood wholly dependent on the
slum dweller ;
(22) “prescribed” means prescribed by rules made under the Act ;
(23) “private land” means land owned by a private person or entity ;
(24) “property” means the land, the building, all improvements and
structures thereon, and all easements, rights and appurtenances
belonging thereto, and includes every type of right and interest
in land which a person can have to the exclusion of other persons, such as possession, use and enjoyment free from interference,
right of disposition and franchises ;
(25) “rule” means the rules made under the Act by the Government ;
(26) “scheme” means any arrangement or plan prepared and declared
under the Act for the protection, redevelopment, up-gradation,
relocation and resettlement of slum dwellers as provided under
section 11 ;
(27) “slum” or “slum area” means a compact settlement of at least 10 to
15 households with a collection of poorly built tenements, mostly
of temporary nature, crowded together usually with inadequate
sanitary and drinking water facilities in unhygienic conditions ;
(28) “slum dweller” means any person
2[x x x x] and is residing within
the limits of a slum area ;
(29) “slum resettlement” means the process of relocation and settlement
of slum dwellers from the existing slums to an alternative site with
dwelling space, basic civic and infrastructural services ;
(30) “State Authority” means the State Slum Redevelopment Authority
established under section 12 of the Act ;
(31) “tenable settlement” means all slums which do not fall within the
definition of Untenable Settlements ;
(32) “untenable settlements” are those settlements which are on
environmentally hazardous sites, ecologically sensitive sites,
prohibited areas around heritage sites, and on land marked for
public spaces, utilities and services and infrastructure ;
(33) “up-gradation” means the process of improving the quality or
expanding of dwelling spaces occupied by slum dwellers with
provision of basic services and infrastructure services and includes
landscaping ;
(34) “Urban Area” means the areas notified as Municipal Corporation,
Municipal Council or Municipal Committee under the Jammu and Kashmir Municipal Corporation Act, 2000, and Jammu and Kashmir
Municipal Act, 2000, and it also includes area under Cantonment
Board and the areas notified as “Local Area” under sub-section (1)
of section 3 of Jammu and Kashmir Development Act, 1970 ; and
(35) Words and expressions used but not defined in this Act shall have
the same meaning as assigned to them respectively under the
Jammu and Kashmir Municipal Corporation Act, 2000, Jammu and
Kashmir Municipal Act, 2000, Jammu and Kashmir Town Planning
Act, 1963 and the Jammu and Kashmir Development Act, 1970.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
2. Words “who is a permanent resident of the State of Jammu and Kashmir” omitted by S.O.
1229(E) dated 31.03.2020.