Section 2 in The M.P. Bhumi Vikas Rules, 1984

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State of Madhya Pradesh - Section

Section 2 in The M.P. Bhumi Vikas Rules, 1984

2. Definitions.

- In these rules, unless the context otherwise requires, -

(1)"Accessory use" means any use of the premises subordinate to the principal use and customarily incidental to the principal use;

(2)"Act" means the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);

(3)"Alteration" means a change from one occupancy to another or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joint, floor or other support, or a change to or closing of any required means of ingress or egress or a change of the fixtures or equipment;

(4)"Approved" means approved by the Authority having jurisdiction of power;

(5)"Authority having jurisdiction" (hereinafter referred to in these rules as "Authority") in relation to building activities means-

(a)	for permission for development of land in planning area.		The Director of Town and Country Planning or any other officerauthorised by him in this behalf.
(b)	for permission for development of land in non-planning area orfor construction/alteration, demolition of building in any area,-
	(i)	in any area falling within the local limits of a MunicipalCorporation or Municipality and over which Special AreaDevelopment Authority has no jurisdiction.		Such Municipal Corporation or Municipal Council, as the casemay be, or such other. authority or officer authorised by orunder the relevant Municipal Law to grant such permission.
	(ii)	in any area over which a Special Area Development Authorityhas jurisdiction.		Such Special Area Development Authority or such officer of theauthority as may be authorised by such authority in this behalf.
	(iii)	in any area over which any Development Authority other thanSpecial Area Development Authority has exclusive jurisdiction.		Such Development Authority, or such other officer of theDevelopment Authority as may be authorised by such Authority inthis behalf.

Explanation. - The expressions "Municipal Corporation" and "Municipal Council" whenever the context so requires, shall include the Administrator of the city referred under Section 423 of the Madhya Pradesh Municipal Corporation Act, 1956, and "the person or committee of persons" appointed by the State Government under Section 328 or under Section 337 of the Madhya Pradesh Municipalities Act, 1961.

(6)"Balcony" means a horizontal projection, including a handrail or balustrade, to serve as passage or a sitting out place;

(7)"Basement or Cellar" means the lower storey of a building below or party below ground level;

(8)"Building Activities" means-

(a)erection, re-erection, making material alteration and demolition of any building:

(b)development of land as a composite building scheme and corporate development;

(c)development and redevelopment of any tract of land which includes division and sub-division into plots or various land uses within a colony.

(9)[ "Height of a Building" means the vertical distance of the building which shall be measured from a reference level which would be either the center of the approach road from which the access is being taken or the average height of the plot above this level, whichever is higher. This level shall be construed as the ground level and the vertical distance of the structure shall be calculated from such level to the top of the slab of the topmost floor. Space below this level shall be considered as basement. In case of pitched/sloping roofs, the midpoint between the roof ridge and the eaves level shall be taken as the highest point and the vertical distance from the construed ground level, measured upto this point. If the built from below the road level is used as habitable accommodation because of the advantage of existing topography such area shall be permitted as habitable area and shall be counted in the Floor Area Ratio, Machine rooms, mumptee, lift, AC structure and water storage tank of topmost floor shall be exempted from the calculation of vertical distance.] [Substituted by Notification No. F-23-(107)-95-XXXII-(1), dated 31-8-1998.]

(10)"Building line" means the line up to which the plinth of a building adjoining a street or an extension of a street or a strip of land earmarked or reserved for future construction of street may lawfully extend. It includes the lines prescribed, if any, in any scheme. The building line may change from time to time as decided by the Authority;

(11)"Chajja" means a sloping or horizontal structural overhang usually provided over opening on external walls to provide protection from sun and rain and includes architectural extension;

(12)"Chimney" means an upright shaft containing and encasing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operation of any heat producing appliances or equipment, employing solid, liquid or gaseous fuel;

(13)"Chowk or Courtyard" means a space permanently open to the sky, enclosed fully or partially by building and may be at ground level or any other level within or adjacent to a building;

(14)"Chowk, Inner" means a Chowk enclosed on all sides;

(15)"Chowk Outer" means as Chowk where one of its sides is not enclosed;

(16)"Code" means the National Building Code of India as published by the Indian Standards Institution;

(17)"Conversion" means the change of occupancy or premises to any occupancy or use requiring additional occupancy permit;

(18)"Corporation" means a Corporation established under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956);

(19)[ "Covered Area" means the area of the land covered by the the building at the ground floor level and shall be counted as the ground coverage. This shall exclude the area covered by projections at slab level and area of the plinth not covered by roof at top. Cantilevered projections up to an extend of one third of the Marginal open space shall be permissible on the upper slab level with a clear height for vehicular/pedestrian movement. These projections cannot be made at height below 2.5 meter from the ground level. This projection shall not construe to be covered area. Area covered on the second and third floor levels as cantilever projection with at least 5.5 meter clear space below for movement, but not within the setback/marginal open space, shall not be counted in covered area. All areas in the building shall be counted in covered areas except for service ducts, garrage on ground floor and lift wells;] [Substituted by Notification No. F. 23(107)-95-XXXII(1), dated 7th April, 2000.]

(20)"Cut de Sac" means a lane, one end of which terminates providing n,o further access;

(21)"Density" means the residential density as expressed in these rules in terms of number of dwelling units per hectare.Explanation. - (i) Where such densities are expressed as exclusive of community facilities and provision for open spaces and major roads (Excluding incidental open spaces), these shall signify net residential densities. Where these densities are expressed after taking into consideration the required open provision for space and community facilities and major roads, these shall signify gross residential densities on neighbourhood level, sector level or town level, as the case may be. The provision of open spaces and community facilities shall depend on the size of the residential community.

(ii)Incidental open spaces are mainly open spaces required by these rules to be left around and in between two buildings to provide lighting and ventilation;

(22)"Development Authority" means a Town and Country Development Authority established under Section 38 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) or a Special Area Development Authority constituted under Section 65 of the said Act or an Improvement Trust constituted under the Madhya Pradesh Town Improvement Trust Act, 1960 (No. 14 of 1961):

(23)"Drain" means a line of pipes including all fittings and equipments, such as manholes, inspection chambers, traps, gullies and floor traps used for the drainage of a building, or a number of buildings, or yards, appurtenant to buildings, within the same curtilage, and shall include open channels used for carrying surface water;

(24)"Drainage" means the removal of any liquid by a system constructed for this purpose;

(25)"Dwelling Unit/Tenement" means an independent dwelling unit with separate facilities for living, cooking and sanitary requirement;

(26)"Exit" means a passage, channel or means of egress from any building, storeys or floor area to a street or other open space of safety;

(27)"Fire Separation" means the distance in metres measured from any other building on the site, or from other site, or from the opposite side of a street or other public space to the building;[(27-a) "Forest House" means a house in such areas and built subject to such conditions as specified in sub-rule (13) of Rule 17.] [Inserted by Notification No. F. 23(107)-95-XXXII-(1), dated 31-8-1998.]

(28)"Floor" means the lower surface in a storey on which one normally walks in a building. The general term, "floor" unless otherwise specifically mentioned shall not refer to a 'Mezzanine Floor'.[(28-a) "High rise building" means a building- [Substituted by Notification No. F. 23(107)-95-XXXII-(l), dated 7th April, 2000.]

(i)which consists of more than six storeys; or

(ii)which has a height of more than 18 metres;" (exclusive of stilt parking of 2.4 m. height].

(29)["Floor Area Ratio"means the ratio of the permissible total of built up area in a building on all floors to the total plot area of the land in question. (The ratio stipulates the maximum of built quantity and no variations or exceptions shall be allowed, except as specifically provided. The built up area as stated would construe the total built up area on all floors with the exception of lift wells, service ducts, machine room for lifts, water tanks, covered parking area, one entrance lobby/foyer on ground floor, corridors, arcades mumptee, staircases, but inclusive of covered projection exceeding the limits prescribed under Rule 58.] [Substituted by Notification No. F. 23(107)-95-XXXII-(l), dated 7th April, 2000.]

(30)"Foundation" means a part of structure which is in direct contact with, and transmits loads to the ground;

(31)"Private garage" means a building whether permanent or temporary or a portion thereof designed and used for parking of private y owned mechanically propelled motor vehicles (of any description or other vehicles, in either case in private ownership);

(32)"Public garage" means a building or portion thereof, other than a private garage, designed or used for repairing, servicing, hiring, selling or storing or parking of motor vehicles of any description or other vehicles;

(33)[ "Group Housing" means housing of a number of dwelling units on an undivided plot of land, built compositely and integrally where land building and services are held under a level right jointly, buildings and services are maintained jointly and the construction is undertaken by one Agency/Authority/Individual.] [Substituted by Notification No. F. 23(107)-95-XXXII-(1), dated 31-8-1998.]

(34)"Habitable room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, kitchen if it is used as a living room, but not including bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, attics and spaces that are not used frequently or during extended periods;

(35)"Ledge or tand" means a shelf like projection, supported in any manner whatsoever, except by means or vertical supports within a room itself but not having projection wider than one metre.

(36)"Licensed Architect/Structural Engineer/Engineer/Town Planner Supervisor Group" means respectively a qualified architect, Structural Engineer/Engineer/Town planner/Supervisor/group who, in each case, has been licensed as such under these rules by the Authority;

(37)"Lift" means an appliance designed to transport persons or materials between two or more levels in a vertical or substantially vertical direction by means of a guided car platform;

(38)"Loft" means an intermediary floor between two floors or a residual space in a pitched roof, above normal floor level which is constructed or adopted for storage purposes;

(39)"Mezzanine Floor" means an intermediate floor, between two floors above ground level;

(40)"Municipal Council" means the Council constituted under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961);

(41)"Occupancy or Use Croup" means the principal occupancy for which a building or a part of a building is used or intended to be used, for the purposes of classification of a building according to occupancy, an occupancy shall be deemed to include subsidiary occupancies which are contingent upon it.Explanation. - The occupancy classification shall have the meaning given as under:-

(i)"Residential Buildings" include any building in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities. It includes one or two or multi-family dwellings, lodging or rooming houses, dormitories, apartment houses and flats and residential hotels;

(ii)"Educational Buildings" include any building used for school, college or day-care purposes for more than eight hours per week involving assembly for instruction, education or recreation incidental to educational buildings;

(iii)"Institutional Building" include any building or part thereof which is used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity, care of infants, convalescents or aged persons and for penal or correctional detention in which the liberty of the inmates is restricted. Institutional buildings ordinarily provide sleeping accommodation for the occupants. It includes hospitals, sanitoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories;

(iv)"Assembly Building" include any building or part of a building where groups of people congregate or gather for amusement recreation, social, religious, patriotic, civil, travel and similar purposes; for example theatres, motion picture houses, assembly halls, auditoria, exhibition halls, museums, skating rinks, gymnasium, restaurants, place of worship, dance halls, club rooms, passenger stations, and terminals of air, surface and other public transportation services, recreation piers and stadia;

(v)"Business building" means any building or part of a building which is used for transaction of business for the keeping of accounts and records for similar purposes and include doctor's service facilities, city halls, town halls, Court houses, record and references libraries, where principal function of these is transaction of public business and the keeping of books and records;

(vi)"Mercantile building" means any building or part of a building which is used as shops, stores, markets, for display and sale of merchandise either wholesale or retail Office storage and service facilities incidental to the sale of merchandise and located in the same building shall be included under this group; .

(vii)"Industrial Building"means any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed and include assembly plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories;

(viii)"Storage Building"means any building or part of a building used primarily for the storage or sheltering of goods, wares or merchandise and include ware houses, cold storage,, freight depots, transit sheds, store houses, public garages hangers, truck terminals, grain elevators, barns and stables;

(ix)"Hazardous building"means any building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or which may produce poisonous fumes or explosions, for the storage, handling, manufacturing or processing whereof involve highly corrosive, toxic or noxious alkalies acids or other liquids or chemicals producing flame, fumes and explosive, poisonous, irritant or corrosive gases; and tor the storage, handling or processing of any material producing explosive mixtures of dust or which result in the division of matter into fine particles subject to spontaneous ignition;

(42)"Occupier" includes any person for the time being/paying or liable to pay rent or any portion of the building in respect of which the ward is used, or compensation or premium on account of occupation of such building and also a rent-free tenant but doe not include a lodger, and the words 'occupy' and occupation shall be construed accordingly;

(43)"Open space" means an area forming an integral part of the plot left open to the sky;

(44)"Front open space" means an open space across the front of a plot between the building line and the front boundary of the plot;

(45)"Rear open space" means an open space across the rear of a plot between the rear of the building and the rear boundary of the plot,

(46)"Side open space" means an open space across the side of the plot between the side of the building and the side boundary of the plot,

(47)"Operational Construction" means a construction put up by Government Department for operational purposes;

(48)"Owner" means the person who has legal title for land or building and also includes :-

(a)an agent or trustee who receives the rent on behalf of the owner;

(b)an agent or trustee who receives the rent of or is entrusted with or is concerned with any building devoted to religious or charitable purposes;

(c)a receiver, executor or administrator or a manager appointed by any Court of competent jurisdiction to have the charge of or to exercise the rights of the owner; and

(d)a mortgagee in possession;

(49)"Parapet" means a low wall or railing built along the edge of a roof or a floor;

(50)"Parking space" means an area enclosed or un-enclosed, covered or open, sufficient in size to part vehicles together with a driveway connecting the parking space with a street or an alley and permitting ingress and egress of the vehicle;

(51)"Permission" means an authorisation in writing by the Authority to carry out work of development or building, and regulated by these rules, which otherwise would be unlawful;

(52)"Plinth" means the portion of a structure between the surface of the surrounding ground and surface of the floor, immediately above the ground;

(53)"Plinth area" means a built up covered area measured at the plinth;

(54)"Room height" means a vertical distance measured from the finished floor surface to the finished ceiling surface. Where a finished ceiling is not provided, the underside of joints or beams or tie-beams shall determine the upper point of measurement;

(55)"Row housing/Row type building" means a row of buildings with only front, rear and interior open spaces;

(56)"Sanctioned plan" means the set of plans and specifications submitted under the rules in connection with a building and duly approved and sanctioned by the Authority;

(57)"Semi-detached Building" means a building detached on three sides;

(58)"Service lane" means a road/lane provided at the rear or side of a plot for service purposes;

(59)"Set back line" means a line usually parallel to the plot boundaries and laid down in each case by the Authority beyond which nothing can be constructed towards the site boundaries.

(60)"Site" means a parcel of land enclosed by definite boundaries;

(61)"Site corner"means a site at the junctions of two or more intersecting street; 6

(62)"Site interior or tandem" means site, access to which is by a passage from a street, whether such passage forms part of the site or not;

(63)"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 space between any floor and the ceiling next above it;

(64)"Street" means any means of access, namely, highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square, place or bridge, whether a thoroughfare or not, over which the public have a right of passage or access or have passage and had access uninterruptedly for a specified period whether existing or proposed in any scheme and includes all bunds, channels, ditches, storm water drains, culverts sidewalks, traffic inslands, roadside trees and hedges retaining walls, fences, barriers and railines within the street lines;

(65)"Street level or grade" means the officially established elevation or grade of the central line of the street upon which a plot fronts and if there is no officially established grade, the existing grade of the street at its mid-point;

(66)"Street line" means the line defines the side limits of a street;

(67)"To erect" or "to erect a building" means-

(a)to erect a new building on any site whether previously built upon or not;

(b)to re-erect any building of which portions above the plinth level have been pulled down, burnt or destroyed; and

(c)conversion from one occupancy to another;

(68)"To abut" means to abut on a street such that any portion of the building is on the road boundary;

(69)"Travel distance" means distance from the remotest point on a floor of a building to a place of safety, whether it is vertical exist, or a horizontal exist or an outside exist measured along the line of travel;

(70)"Varandah" means covered area with atleast one side open to the outside with the exceptions of parapet which may be of the height of one metre on the upper floors as may be provided on the open side;

(71)"Water Closet (WC)" means a privy with arrangement for flushing the pan with water;

(72)"Window" means an opening to the outside than a door which provides all or part of the required natural light or ventilation or both to an interior space.

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State of Madhya Pradesh - Section

Section 2 in The M.P. Bhumi Vikas Rules, 1984

2. Definitions.