Amendment status not verified — confirm the current text below against the official source.
In lhis Chapter, unless the context otherwise requires,— Definitions. (1) lhe expression "io erect a building" means— (a) to ereel a new building on any site, whether previously built upon or not; (b) to re-erect— (i) any building of which more than one-half or Lhe cubical contents above the level of plinth have been pulled down, burnt or destroyed, or (ii) any building of which more than one-half of the superficial area of the external walk above the level or plinih has been pulled down, or (iii) any frame-building of which more than half of lhe number of posts or beams in lhe external walls have been pulled down; (c) lo convert into a dwelling house any building or any part of a building nol originally constructed for human habitation or, if originally constructed Tor human habitation, subsequently appropriated Tor any oiher purpose; ' (d) lo convert inio more than oncdwellinghouse a building originally constructed as one dwelling house only; (c) to convert into a place of religious worship or a sacred building any place or building not originally constructed for such purpose; (f) lo roof or cover an open space between walls or buildings to the extent of the structure formed by lhe roofing or covering of such space; (g) to convcrt two or more lenemenis in a building into a greater or lesser number of such tenements; (h) to convert into a siall, shop, office, warehouse or godown, workshop, factory or garage any building not originally constructed for use as such, or to convert any building constructed for "such purpose, by subdivision or addition, in greater or lesser number of such stalls, shops, offices, warehouses or godowns, workshops, factories or garages; 768 The Kolkata Municipal Corporation Act, 1980. [West Ben. Acl (Part VI.—Town Planning, Land and Land Use Controls.— Chapter XXil.—Buildings.—A. Procedure.—Seclion 390.) (i) lo convert a building, which when originally con si rue led was legally exempt from the operation of any building regulations, contained in lhis Act, or under any rules or regulations made under this Act, or contained in any oiher law in force for lhe lime being, into a building which, had it been originally crecled in its converted form, would have been subjeel lo such building regulations; (j) to convert inio or use as a dwelling house any building which has been discontinued as or approriatcd for any purpose other lhan a dwelling house; (k) to make any addition lo a building; (I) lo close permanently any door or window in any external wall; (m) to remove or reconstruct the principal staircase or tq aller ils position; (2) "occupancy" or "use group" means the principal occupancy Tor which a building or a part of a building is used or intended Lo be used. For the purpose or classification of a building according to occupancy, an occupancy shall be deemed lo include subsidiary occupancies which are contingent upon il. Buildings wilh mixed occupancies shall mean those buildings in which more lhan one occupancy are present in different portions Ihereof. The occupancy classification shall, unless otherwise spelt out in any development plan under any law in force For lhe lime being, include— (a) residential buildings, that is to say, any buildings in which sleeping accommodation is provided for normal residential purposes with or wilhoul cooking facility or dining Facility or both; such building shall include one or nvo or multi-family dwellings, '*** hostels, -*** apartment houses and flats, and privale garages; (b) educational buildings, lhal is to say, any buildings used For school, college or day-care purposes involving assembly for instruction, educaiion or recreation incidental to educational buildings; 'The words "lodging or rooming houses," were omitted by 5. 16(i)(A) of the Calcutta Municipal Corporation (Amendment) Acl. 19% (Wcsl Ben, Act VI of 19%). "llic word "dormitories," wns omiued hy s. l6(i)(B). ibid. The Kolkaia Municipal Corporaiion Act, J9S0. 769 LIX of 1980.] (Pari VI.—Town Planning, Land and Land Use Controls.— Chapter XX//.— Buildings.—>1. Procedure.—Seciion 390.) '(c) institutional buildings, that is to say. any buildings or part thereof ordinarily providing steeping accommodation Tor occupants and used Tor Ihe purposes of medical or other treatment or care oF persons suFrcring from physical or mental illness, disease or infirmity, care or infants, convalescents or aged persons and for penal or correctional detention in which lhe liberty oF the inmates is restricted; such buildings shall include hospitals, clinics, dispensaries, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and re Forma lories; (d) assembly buildings, that is to say, any buildings or part thereof where groups oF people congregate or gather for amusement or recreation or for social, religious, patriotic, civil travel, sports, and similar olher purposes; such buildings shall include iheaires, motion picture houses, drive-in-theatres, city halls, town halls, auditoria, exhibition halls, museums, skating rinks, gymnasium, reslaurents, eating houses, hotels, boarding houses, -[lodging or rooming houses, guest houses, dermitories.l places of worship, dance halls, club rooms, gymkhana, passenger stations and terminals of air, surface and other public transportation services, recreation piers, and stadia; (c) business buildings, thai is to say, any buildings or part thereof used for transaction of business for Lhc keeping of accounls and records or For similar purposes; such buildings shall include oFfices, banks, professioinal establishments, court houses, and libraries for the principal function of transaction of public business and keeping of books and records, and shall also include office buildings (premises) solely or principally used as an office or for office purpose. ' 'The proposed amendment, cnaclcd by s. 16(ii) of lhc Calculla Municipal Corporation (Amendment) Aci, 1996 (Wcsl Hen. Act V] or 1906), lo sub-el nine (c) of clause (2) or scclion 390 is not correcl. This amendment was perhaps made in order lo omit llic amendment promulgated by lhc Caculla Municipal Corporalion (Amendment) Ordinance, 1995 (Wcsl 13cn. Ord. Ill or 1995} where die words lodging or rooming houses, guesthouses, dormitories." were inserted after the words "mental hospitals" which has no practical relevance as no amendment promulgated by an Ordinance can be incorporated in an Acl. However, no additional words would perhaps he required lo be incorporated nflcr ihe words "metal hospitals" in sub- clause(e) of clause (2) of said seciion. HTic words within llie square brackcls were inserted hy .v ifi(iii) of Llic Calcutta Municipal Corporalion (Amendment) Acl, 1996 (Wesl Ben. Acl VI of 996). 770 The Kolkata Municipal Corporation Act, 1980. [Wcsl Ben. Act (Part VI.—Town Planning, Land and Land Use Controls.— Chapter XXII.—Buildings.—A. Procedure.—Sect ion 390.) Explanation.—For lhe purpose of lhis clause,— (i) ihc expression "office purpose" shall include lhe purpose or administration and clcrical work (including telephone and telegraph operating and operating computers), and (ii) the expression "clerical work" shall include writing, book-keeping, sorting papers, typing, filing, duplicating, punching cards or tapes, machine calculating, drawing of matter for publication, and editorial preparation of mailer for publications; (f) mercantile buildings lhal is to say, any buildings or part thereof used as shops, stores or markets For display or sale of merchandise, either wholesale or retail, or for office, storage or service facilities incidental to lhe . sale or merchandise and located in the same building; such building shall include establishments, wholly or partly engaged in wholesale trade, manufacturer's wholesale outlets (including related storage facilities), warehouses, and establishments engaged in truck transport (including truck transport booking agencies); (g) industrial buildings, that is (o say, any buildings or structures or part thereof in which products or materials of all kinds and properties are fabricated, assembled or processed as in assembly plants; such buildings shall include laboratories, power plants, smokehouses, refineries, gas plants, mills, dairies, factories, workshops, automobile repair garages, and printing presses; (h) storage buildings, that is lo say, any buildings or part thereof used primarily Tor the storage or sheltering or goods, wares or merchandise as in warehouses; such building shall include cold storages, freight depots, transit sheds, store houses, public garages, hangars, iruck terminals, grain elevators, barns and slables; (i) hazardous buildings, that is to say, any buildings or part thereof used for the siorage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable lo burn wilh extreme rapidity or which may produce poisonous fumes or explosions during storage, handling, manufacture or processing or which involve highly corrosive, toxic or noxious alkalies, acids or other liquids or chemicals producing flames, fumes. The Kolkata Municipal Corporation Act, 1980. LIX or 1980.] (Part VI.—Town Planning, Land and Land Use Controls.— Chapter XXII.—Buildings.—A. Procedure.—Section 39J.) explosions or mixtures of dusi or which result in Lhe ' division or mailer into Tine panicles subject to spontaneous ignition, i20 * * * * * (3) "alteration" means ilie change from one occupancy to another, or lhe structural change, such as the addition io any area or height, or the removal of a part of a building, or the change io the structure, such as the construction of or culling into or removal of any wall, partition, column, beam, joisi, floor, or other support, or the change to or closing of any required means of ingress or egress, or the change to any fixture or equipment.