Section 2 in West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters), Act, 1993
2. Definitions.
In this Act, unless the context otherwise requires,(a)"apartment" means an apartment as defined in the West Bengal Apartment Ownership Act, 1972 (West Bengal Act No. 16 of 1972);(b)"block" means a block of flats;(c)"building" includes a flat or block;(d)"contractor" means any person who undertakes a contract for construction of any building;(dd)[ "Family", in relation to person, means the individual, the wife or husband, as the case may be, of such individual, his parents, sons, daughters, brothers, sisters;] [Inserted by Act 35 of 2002, w.e.f. 01.09.2003.](e)"flat" means a separate residential unit, whether self contained or not, used or intended to be used for any of the purposes referred to in sub-clauses (a) to (i) of clause (2) of section 390 of the Calcutta Municipal Corporation Act, 1980 (West Bengal Act LIX of 1980), and includes an apartment;(f)"prescribed" means prescribed by rules made under this Act;(g)"promoter" means a person who constructs or causes to be constructed a building on a plot of land fur the purpose of transfer of such building by sale, gift or otherwise to any other person or to a company, co-operative society or association of persons, and includes(i)his assignee, if any,(ii)the person who constructs, and the person who transfers by sale, gift or otherwise, the building, if the two are different persons,(iii)[ omitted ]; [Omitted by Act No. 48 of 1994.](iv)[ omitted]; [Omitted by Act No. 48 of 1994.](v)any board, company, corporation, firm or other association of persons, established by or under any law for the time being in force:[Provided that notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, a person shall be deemed to be a promoter if he constructs or causes to be constructed, a building with a height of 9.5 metres or more and on a plot of land measuring three hundred square metres or above or if he constructs or causes to be constructed a building consisting of flats in excess of the requirements of the members of his family,] [Inserted by Act 35 of 2002, w.e.f. 01.09.2003.](h)"purchaser" means any person who, under section 7, enters into an agreement with the promoter for the purchase of a flat;(i)"Registrar", means the Registrar as defined in the West Bengal Co-operative Societies Act, 1983 (West Bengal Act No. 45 of 1993);(j)[ the expression "to construct a building" with its grammatical variation means-] [Substituted, by Act 35 of 2002, w.e.f. 01.09.2003.](i)to construct a new building, or(ii)to re-construct a building, or(iii)to convert a building, or any part of a building, not being a flat or block, into a flat or block,in accordance with the provisions of the Calcutta Municipal Corporation Act, 1980 (West Bengal Act 59 of 1980), or the Howrah Municipal Corporation Act, 1980 (West Bengal Act 58 of 1980), or the Siliguri Municipal Corporation Act, 1990 (West Bengal Act 30 of 1990), or the Asansol Municipal Corporation Act, 1990 (West Bengal Act 31 of 1990), or the Chandernagore Municipal Corporation Act, 1990 (West Bengal Act 32 of 1990), or the Durgapur Municipal Corporation Act, 1994 (West Bengal Act 53 of 1994), or the West Bengal Municipal Act, 1993 (West Bengal Act 22 of 1993), or the West Bengal Panchayat Act, 1973 (West Bengal Act 41 of.1973), or the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979), as the case may be, and the rules made thereunder.
