Amendment status not verified — confirm the current text below against the official source.
THE ASSAM GAZETTE EXTRAORDINARY, MAY 12. 2010 1023 construction enclosing or delimiting or intended to enclose or delimit any land or space, hut does not include structure of temporary nature like tents, hutment as well as shamianas erected for temporary purposes for ceremonial occasions, with the permissions of the competent authority; . (8) ''building bye laws" means the bye-laws framed by the State Government under section 5 of this Act; (9) "building height'' means the vertical distance measured in the case of flat roofs from the average level of ground around and contiguous to the building or as decided by Authority to the terrace of last livable floor of the building adjacent to external wall 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 gables facing the road the mid point between the eaves level and the ridge. The architectural features serving no other function except that of decoration shall be excluded for the purpose of taking heights. If the building does not abut a street the height shall be measured above the average level of the ground around and contiguo~•s to the building; Provided that for hilly areas the vertical distance shall be measured from the lower floor level instead of average ground level as applicable in case of plain areas; ( l 0) "building line" means a line which is in the rear of the street aligrunent and to which the main wall of a building abut6ng on a street may lawfully extend and beyond which no portion of the building may extend except as prescribed in this Act; (11) "building permit" means permission accorded by the· Guwahati Municipal Corporation or by the other urban local bodies or Panchayats concerned relating to all issues of construction of building as per provisions of the Master Plan and Zoning Regulations prepared and published under the Guwahati Metropolitan Development Authority Act, 1985 and Building bye-laws prepared under this Act; (12) "chajja" means the sloping or horizontal structural projection usually provided over openings on ex'ternal walls to provide protection from sun and rain; (13) "ceiling height" means the vertical distance between the floor and the ceiling. Where a finished ceiling is not provided the underside of the joists or top of post plate in case of pitched roof shall determine the upper point of measurement; (14) "concrete" means concrete in which steel rods or meshes are· embedded to increase strength; (15) "concrete plain" means concrete cast in place without metal reinforcement or reinforced only for shrinkage or temperature changes; (16) "coverage" means the percentage ratio of the plinth area of the main and accessory bui I dings to the total area of the plot; Assam Act No xx or 1987 i i iVL'+ Ltib A~~AM GAZETTE. EXTRAORDINARY, MAY 12. 20 IO (17) "development" with its grammatical variation means the carrying out of building, engineering, mining or other operations, in on, over, or under land or the making of any material change in any building or in the use of any building or land and includes division of any land; (18) ''drain" means any conduit used for the carriage of sewerage and sullage water from one building or a po1tion of the building ~ (19) "drain-sewerage" means a drain used or constructe<l to be use<l for conveying solid or liquid waste matter, excrel'al or otherwise, to a sewer; t..20) "drain-surface water" means a drain used or constructed to use solely for conveying to any drain any rain water but shall not include any rainwater pipe; (21) "dwelling" means a· building or portion thereof which is designed for use whol.ly or principally for residential purposes; (22) "Floor Area Ratio" (FAR) means quotient by dividing the total covered area (Plinth area) on all floors excluding exempted areas as may be provided in the building bye-laws into 100 by the area of the plot. FAR= Jotal covered area of all floors x I 00 ; Plot area (23) "floor area" means covered area of a building at any floor level: (24) "family" means a group of individuals normally of blood relation or connected by marriage living together as a single house keeping unit and having a common kitchen. Customary domestic servants shall be consjdered as adjunct to the term family; (25) "open space" means an area forming an integral part of the plot left open to the sky for the pi.trpose of this Act; (26) "owner" means the person, when used in reference to any premises who receives the rent of the said premises or would be legally entitled to do so if the prerrrises were let out. It also includes,- ( a) an agent or trustee who is legally authorized to receive such rent on behalf of the owner; (b) a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charges of or to exercise the rights of owner of the said premises; (c) a person having legal title over the premises /plot ofland; (27) "pathway" means an approach con~tructed with materials such as bricks, concrete, stone, asphalt or the like; (28) "plinth" means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground; ,· i ii ' ' - J , ~ .g THE ASSAM GAZETTE,'EXTRt\0}\DlNARY, MAY 12, 2010 (29) "Planning Permit" means the permission accorded by the Guwahati Metropolitan Dt:velopment Authority as per the provisions of Master Plan and Zoning Regulations published by the Authority from time to time under the Guwahati Metropolitan Development Authority Act, 1985; (30) "plot" means a parcel of land occupied or intended for occupancy by one main building, together with its accessory buildings and used customarily and incidental to it, including the vacant spaces required and having frontage upon a street or upon a private way as provided in the building bye-laws; (31) "repairs" means any renovation applied to any structure, which does not in any way change the specification of the structure but saves the structure from further deterioration; (32) "road" means and includes any highway, street, lane, pathway, alJey, passageway, carriageway, footway, square, bridge, whether private or public, whether thoroughfare, or not whether existing or proposed in any scheme, culverts, side walks and traffic is lands; (33) ·'sanctioned plan" means the set of drawings and statements submitted under relevant section of the building bye-laws in connection with a building and sanctioned by Authority; - (34) "State Government" means the Government of Assam; (35) "storey" means the portion of a building included between the surface'of any floor and the surface of the floor next above it or if there be no floor above it, then the spaces between any floor and the ceiling above it; (36) "to abut" means to abut on a road such that any portion of the plot is on the road boundary; (37) "to construct" means to erect, re-erect or make material alterations; (38) "to erect" means to construct a building for the first time or to reconstruct an existing building after demolishing it accNding to some fresh or revised plan; (39) "water closet" means a privacy with arrangement for flushing the pan with water, but does not inch~de a bathroom; ( 40) "multistoreyed or high-rise buildings" means a building whose height is 15 meters or more measured from the average level of the central line of the street on which the site abuts or more than four floors excluding basement or stilt; ( 41) "Structural Engineer" shall mean an Engineer with at least 3 years experience ' m structural design or an Engineer with post Graduate degree in Structural Engineering; (42) "services" in relation to a building means light and ventilation, electrical installation, air conditioning and heating, acoustics and sound, installation of lift and escalators, water supply, fire fighting, sewerage and drainage, gas supply, telephone and garbage disposal mechanism, landscape and environment: 1025 Assam Act No XX of 1987 I I • I ! I 1026 Explanation: - THE ASSAM GAZETTE, EXTEAORDINARY, MAY 12, 2010 ( 43) "use" mans the purpose for which the building or a part of building is used or intended to be used and the term "mixed used" shall mean and include a building wnich is used for more than one use in different portion of the building; The classification of building based on principal use shall be as follows:- (a) Residential Buildings :- These shall include any building, in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities, including one or two or multi-family dwellings, lodging dormitories, apartment houses, flats and hostels. (b) Institutional Buildings:- Institutional buildings ordinarily provide sleeping accommodation for the occupants and specialized non-commercial training centers. lt includes hospital, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories. These shall include any building used for school, college or day care purposes involving assembly for instruction, education or recreation where it is a part of education and other public and semi-public buildings. (c) Assembly Buildings :- These shall include any building or part of a building where groups of people congregate or gather for amusement, recreation, special, ·patriotic, civil traveJ and similar purposes, for example, - marriage hall, theatres, motion picture houses, assembly halls, auditoria, libraries, exhibition halls, museums, skating rings, gymnasium, restaurants, dance halls, clubs, passenger stations and terminals or air, surface and other public transportation services, and stadia. l:hese shall include any building used for religious purposes like prayers, puja, worship, religious or spiritual congregation, discourses, rituals and functions. ( d) Commercial Buildings :- These shall include any building or part of a building which is used as shop, store, market for display and sale of merchandise either wholesale or retail, office, storage or service facilities incidental to the sale of merchandise and located in the same building shall be .included under this group. These shall include any building or part of a building which is used for tr~saction of business and I or the keeping of accounts and records therefore including offices, ban.ks, professional establishments etc. if their principal function is lransaction of business or keeping of books and records. . l I ~ • ~ I ~ II i i I I THE ASSAM GAZETTE, EXTRAORDINARY, MAY--=1=2.>...::, 2=0...::...10,,._. --~1~02:..!..7 (e) Industrial Buildings:· These shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed like assembly plants, laboratories, power plants, smoke houses, refineries, gas . plants, ffiills, dairies, factories, etc. (f) Storage Buildings :- These shall include any building or part of building used primarily for the storage or sheltering (including servicing, processing or repairs incidental to storage) of goods, ware or merchandise (except those that involve highly combustible of explosive products or materials) vehicles or animal, for example, warehouses, cold storages, freight depots, transit sheds, store houses, truck and marine terminals, garages, hangers, grain elevators, barns and stables. Storage properties are characterized by the presence of relativity small numbe.rs of persons in proportion to the area. Any new use which increases the number of occupants to the figure comparable with other classes of occupancy shall change the classification of the building to that of the new use for example hungers used for assembly purposes, warehouses used for office purposes, garages building used for manufacturing. (g) Hazardous Buildings :- These shall include any building or part of a building which is used for the storage, ,handling, manufacture or proc.essing of highly combustible or explosive materials or products which are liable to bum with extreme rapidity and or which may produce poisonous fomes or explosions for storage, handling, manufacturing or processing which involve highly corrosive toxic or noxious alkalis, acids or 0th.er liquids or chemicals producing flame, fumes and explosive poisonous, irritant or corrosive gases, and for the storage, handling or .i;>rocessi:ng of any material producing explosive mixtures or dust which result in the division of matter in to fine particles subject to spontaneous ignition. ( 44) "compliance" is the verification of the properties. of construction materials based on test data and verification of the strength and structural adequacy for various components of buildings and structures; 1028 Applicability ofthe Act THE ASSAM GAZETTE, EXTRAORDINARY.' MAY 12, 2010. (45) words and expression used in this Act and the building bye-laws framed thereundef but not defined shall have the meanings respectively assigned to them in the Guwahati Municipal Corporation Act, 1971, the Guwahati Metropolitan Development Authority Act, 1985 and the National Building Code of India 2005 as amended from time to time, shall have the meanings respectively assigned to them in those Acts and Code;