Section 64 in New Town, Kolkata Development Authority Act, 2007
64. Definition.
(1)In this Part, unless the context otherwise requires, the expression "to erect a building" means-(a)to-erect 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 of the cubical contents above the level of plinth have been pulled down, burnt or destroyed, or(ii)any building of which more than half of the superficial-area of the external wall above the level of plinth has been pulled down, or(iii)any frame-building of which more than half of the number of columns or beams in the external walls hive Been pulled down;(c)to convert into a dwelling house any building or any part of a building not originally constructed for human habitation subsequently appropriated for any other purpose;(d)to convert into more than one dwelling house a building originally constructed as one dwelling house only ;(e)to convert into a place of religious worship or a sacred building any place or building not originally constructed for such purpose ;(f)to roof or cover an open space between walls or buildings to the extent of the structure formed by the roofing or covering of such space ;(g)to convert two or more tenements in a building into a greater or lesser number of such tenements ;(h)to convert into a stall, 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;(i)to convert a building, which, when originally constructed, was legally exempt from the Operation of any building regulation contained in this Act or under any rules or regulations made under this Act or contained in any other law for the time being in force, into a building which, had it been originally erected in its converted form, would have been subject to such building regulations;(j)to convert into, or to use as a dwelling honk, any building which has been discontinued as or appropriated for any purpose other than a dwelling house;(k)to make any addition to a building ;(l)to close permanently any door or window in any exteral wall;(m)to remove or reconstruct the principal staircase or to alter its position.(2)for the purposes of this Act, "use group" or "occupancy" shall mean the purpose for which a building or part of a building is used or intended to be used. For the purpose of classification of a building according to occupancy, occupancy shall be deemed to include subsidiary occupancies which are contingent upon it. The classification of occupancy shall include residential,educational, institutional, assembly, business, mercantile (retain), mercantile (wholesale), industrial, storage and hazardous. The principal occupancy shall be the occupancy covering eighty per cent or more of the covered area of a building. The classifiCation of buildings based on principal occupancy shall be as follows :-(a)"residential building" that is to say, any building in which sleeping accommodation is provided for normal residential purpose as a principal use with or without cooking facilities, or dining facility or both. Such building shall also include one or two or multi family dwellings, lodging or rooming houses, hostels, dormitories, apartment houses and flats, private garages, work and leaving studio;(b)"educational building" that is to say, any building used for the school, college, library or day care purposes as principal use involving assembly for instruction, education or recreation, incidental to education ;(c)"institutional building" that is to say, any building or part thereof ordinarily providing sleeping accommodation for occupants and used principally for the purpose of medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity, care of infants, convalescents of aged persons, veterinary services and for penal or correctional detention in which the liberty of the inmates is restricted. Such building shall include hospital, clinics, dispensaries, sanatoria, custodian institutions and penal institutions lie correctional homes, prisons, mental hospital and reformatories ;(d)"assembly building" that is to say, any building or part thereof where groups of people gather for amusement or recitation or for social, religious, patriotic, civil, travel, sports, and similar other purposes as the principal use. Such building shall include theatres, motion picture houses, drive in theatres, city halls, town halls, auditoria, exhibition halls, museums, skating rings, restaurants, eating houses, bars, hotels, boarding houses, places of worship, dance halls,club rooms, gymnasiums, passengers stations and terminals of air, surface and other public transportation services, recreation and piers and stadiums ;(e)"business building" that is to say, any building or part thereof used principally for transaction of business for keeping of accounts and records or for similar purposes. Such building shall also include buildings or premises solely or principally used as an office or for office purposes;(f)mercantile building (retail), that is to say, any building or part thereof used principally as shops, stores or markets for display or retail sell of merchandise or for office and storage of service facilities incidental thereto ;(g)"mercantile building (wholesale)" that is to say; any building or part thereof used principally as shops, stores or markets for display or retail sell of merchandise on wholesale basis, or for office storage or service facilities incidental thereto, and shall include establishments, wholly or partly.engaged in wholesale trade, manufacturers wholesale outlets including related storage facilities, wire houses and establishments engaged in truck transport (including truck transport booking agencies)(h)"industrial building" that is to say, any building or Part thereof used principally for fabrication, assembly or Processing of goods and materials of different kinds. Such building shall include laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories and workshops ;(i)"storage building" that is, to say, any building or part thereof, used principally for the storage or sheltering of goods, wires or merchandise as in warehouses. Such building shall include cold storage, freight depots, transit sets, store houses, public garages, hungers, silos and barns ;(j)"hazardous building" that is to say, any industrial building, storage building, mercantile building (retail) and mercantile building (wholesale) or part thereof which are principally used for the storage, handling, manufacture or processing of highly combustible or explosive material or products which arc liable' to burn with extreme rapidity or which 'may produce poisonous or noxious fumes or explosion during storage, handing, manufacturing or processing or which involve highly corrosive, toxic or noxious alkalis, acids or other liquids, or chemical or radioactive elements producing flames, fumes, explosions or mixtures of dust or any other matter which result in the division of matter into fine particles subject to spontaneous ignition:Provided that the hazardous building shall not be allowed for mixing with other use groups or occupancy in a same building.
