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State of Haryana - Section

Section 38 in The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965

38. Definitions [Sections 8(2) and 25(1)].

- In this Chapter unless the context otherwise requires :-
(i)"abut" a building shall be said to abut on a street when the outer face of any of its external walls is on the street boundary;
(ii)"applicant" shall mean a person who gives notice to the Director of his intention to erect or re-erect a building and shall include his legal representatives;
(iii)"architect" shall mean a person holding any of the qualifications laid down in Schedule I to these rules, whether employed for preparation of plans or for supervision of construction or for both;
(iv)"architectural Control Sheets" shall mean sheet of drawing with directions signed by the Director and kept in his office showing the measure of architectural control as prepared under rule 50;
(v)"balcony" shall mean a cantilevered horizontal projection from the wall of a building not supported from the ground having a balustrade or railing and intended for human use;
(vi)"Barsati" shall mean a roofed structure above the roof of a building used as shelter during the rains;
(vii)"base" applied to a wall or a column, shall mean the underside of that part of the wall or of the column which immediately rests upon the footing or foundation or upon any bressummer or other structure by which wall or column is carried;
(viii)"basement storey" shall mean the storey which is next below the ground storey or which is in any part more than half of its height below the mean level of the street or ground adjoining the building;
(ix)"basesummer" shall mean a beam or a girder which carries a wall;
(x)"building line" shall mean a fixed line, if any, specified for a site beyond which no building within that site other than a compound wall shall project;
(xi)"class of building" shall mean a building in one of the following four categories :-
(a)residential building;
(b)commercial building;
(c)warehouse and industrial building; and
(d)public building;
(xii)"commercial building" shall mean a building used or constructed or adapted to be used wholly or partially for shops, offices, banks or other similar purposes but shall not include industries and motor-garages,
(xiii)"courtyard" shall mean an area open to the sky but within the boundary of a plot, which is enclosed or partially enclosed by buildings boundary walls or railing. It may be at ground floor level or any other level within or adjacent to a building;
(xiv)"external wall" shall mean an outer wall or vertical enclosure of any building not being a party wall even though adjoining to a wall of another building and shall not include a wall abutting on an interior open space of any building but shall not include an outer verandah wail;
(xv)"Factory" has the same meaning as in the Factories Act, 1948 (Act LXIII of 1948) ;
(xvi)"front" as applied to a building shall mean generally the portion facing the street from which it has access and in case of doubt as determined by the Director;
(xvii)"gallery" shall mean a raised floor constructed within the height of the single storey;
(xviii)"garage" shall mean a building or portion thereof used or intended to be used for shelter, storage or repair of a wheeled vehicle;
(xix)"ground floor" shall mean the storey which has its floor surface nearest to the ground around the building;
(xx)"habitable room" shall mean a room constructed or adapted to be used by some person either as a living room in which a part of the day is spent or a room in which some person may pass the night and shall include a kitchen but shall not include a bath room, water-closet or store room;
(xxi)"height" as applied to a building shall mean the vertical measurement of the building measured from the finished level of the centre of the street where such street exists or from the mean level of the ground adjoining the outside of the external walls to half the height of the roof in the case of sloping roofs and to the highest level of the building in case of buildings with flat roof excluding, the projected portions of mumties, flues, ducts, minarets and parapets not exceeding three feet six inches in height. Height as applied to a room shall mean the vertical measurement from the upper surface of the floor to the under surface of the ceiling of the same room, joint and beams being allowed to project beneath the ceiling; and in the case of a sloping ceiling; the height shall be the mean height of any such room;
(xxii)"mamti" shall mean a small structure erected on the roof of a building at the head of a staircase to protect such staircase from weather;
(xxiii)"material change of use" shall mean a change from one class building to another;
(xxiv)"mezzanine floor" shall mean a gallery, balcony, or loft or an inter floor, not so constructed as to be capable of used for living or sleeping erected between the floor and the ceiling of any storey not less than sixteen feet in height;
(xxv)"verandah" shall mean a verandah of which a minimum of 50 percent of the outside face is open;
(xxvi)"party wall" shall mean a common wall partly constructed on one plot of land and partly on an adjoining plot and serving both structurally;
(xxvii)"plinth level" shall mean the level of the ground floor of building;
(xxviii)"plinth height" shall mean the height of the ground floor above the street level measured from the level of the centre of adjoining street;
(xxix)"premises" shall mean messuages, building, lands, easements and hereditaments of any nature;
(xxx)"public building" shall mean a building used or constructed or adapted to be used; either ordinarily of occasionally as a place of public worship or as a hospital, college, school, hotel, restaurant, theatre, public hall, public concert room, public lecture room, public exhibition or as a public place of assembly or entertainment for person admitted thereto by tickets or occasionally for any similar public purpose:
(xxxi)"public sewer" shall mean a sewer constructed by Government or a local authority or a coloniser;
(xxxii)"rain water pipe" shall mean a pipe or drain situated wholly above ground and used or constructed to be used solely for carrying off rain water directly from roof surfaces;
(xxxiii)"rear" as applied to a building shall mean that portion which is on the opposite side of the "front";
(xxxiv)"residential building" shall mean a building used or constructed or adapted to be used wholly or partially for human habitation and includes all garages, stables and other out-buildings appurtenant thereto;
(xxxv)"special areas" shall mean the areas shown as such on the zoning plans in which Architectural Control Sheets shall apply;
(xxxvi)"storey" shall mean any horizontal division of a building so constructed as to be capable of use as living apartment, although such horizontal division may not extend over the whole depth or width of the building, but shall not include mezzanine floor,
(xxxvii)"street" shall mean any road, footway, square court, alley or passage accessible whether permanently or temporarily to the public and whether a thoroughfare or not and shall include every vacant space notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier whether of houses, shops or other building abutting thereon, which is used by any person as means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid; and it shall include also the drains or gutters therein, or on either side and the land, whether covered or not by any pavement, verandah or other erection, up to the boundary of any abutting property not accessible to the public;
(xxxviii)"subsoil drain" shall mean a drain used or constructed to be used solely for conveying to any sewer (either directly or through another drain) any water that may percolate, through the subsoil;
(xxxix)"temporary building" shall mean a building built of unburnt bricks, burnt bricks without mortar, corrugated iron, bamboo, thatch, wood boarding or plywood but shall not include a building built of burnt bricks, cement blocks or stones laid in mortar;
(xl)"topmost storey" shall mean the uppermost storey in a building whether constructed wholly or partly in the roof or not and whether used or constructed or adapted for human habitation or not, but shall not include a barasati or a mamti;
(xli)"warehouse and industrial building" shall include a factory, a workshop or a motor garage; and
(xlii)"Zoning plan" shall mean the detailed layout plan of the sector or a part thereof maintained in the office of the Director showing the sub-division of plots, open spaces, streets, position of protected trees and other features and in respect of each plot, permitted 'land use, building lines and restrictions with regard to the use and development of each plot in addition to those laid down in the building rules.
Section IIProcedure for Submission of Building Application and Execution of Works