Jammu and Kashmir Control of Building Operations Act, 1988
No: 15 Dated: Sep, 01 1988
THE JAMMU AND KASHMIR CONTROL OF BUILDING OPERATIONS ACT, 1988
(Act No. XV of 1988)
An Act to amend and consolidate the law relating to control of building operations in the State.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-ninth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Control of Building Operations Act, 1988.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Government may, by notification in the Government Gazette appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(1) "Authority" means the Building Operations Controlling Authority constituted under section 3 of this Act:
(2) "boat" includes any vessel used or capable of being used on water as a means of conveyance or habitation or for commercial purposes and shall include also steam and motor launches:
(3) "building" means any shop, house, hut, outhouse, shed, superstructure, boat, house-boat and stable whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever and includes a wall and a well;
(4) "building line" means a line which is on either of the street alignment and to which the main external wall of a building abutting a street may law fully extend and beyond which no portion of the building shall extend as prescribed in the building bye-laws;
(5) "building operation" includes re-building operations, structural alterations of or additions to buildings and other operations, normally undertaken in connection with the construction of building:
(6) "Chief Executive Officer" means Chief Executive Officer appointed under the provisions of this Act and includes an officer empowered under this Act, to exercise, perform or discharge any of the powers, duties or functions of Chief Executive Officer:
(7) "development" with grammatical variations means the carrying out of building, engineering, quarrying or extraction of manufacture of building materials or other operations in, on, over or under the land, or erecting or re-erecting of any building on land or over water making any physical change in or on land and includes re-development;
(8) "engineering operations" includes the formation or laying out of means of access to a road or the laying out of main water supply or laying out of a drain or electric supply ;
(9) "erect or re-erect any building includes-
(a) any material alteration or enlargement of any building :
(b) mooring or installing of any boat or house-boat in the river or lake falling within the jurisdiction of any Authority :
(c) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation :
(d) the conversion into more than one place for human habitation of a building originally constructed as one such place:
(e) the conversion of two or more places of human habitation into a greater number of such places;
(f) such alteration of a building as affects an alteration in its drainage or sanitary arrangements or affects its stability :
(g) the addition of any room, building, out-house or other structure to any building:
(h) the construction of a wall adjoining any street or land not belonging to the owner of a wall, of a door opening on to such street; and
(i) reconstruction of a building or a portion thereof, by means of props, commonly known as "PAND-PAND" in Kashmir Valley ;
(10) "gazette" means the Government Gazette published under the authority of the Jammu and Kashmir Government;
(11) "land" shall include land which is built upon or covered with water;
(12) "local area" means any area declared to be a local area under sub-section (1) of section 3 of the Jammu and Kashmir Development Act, 1970,
(13) "Minister" means the Minister Incharge, Housing and Urban Development Department or any other Minister notified by the Government for purposes of this Act;
(14) "occupier" means any person who for the time being pays or is liable to pay to the owner the rent or any portion of the rent and includes an owner living in or otherwise using his own land or building and also a rent free tenant ;
(15) "owner" when used in reference to any land or building, includes the person for the time being receiving the rent of the land or building or of any part of the land or building whether on his own account or as agent or trustee for any person or society or/for any religious or charitable purpose, or as receiver who would so receive such rent after the land, building or part thereof, as the case may be, is let to a tenant;
(16) "plan" means master plan and includes zonal plan prepared under the Jammu and Kashmir Development Act 1970; and
(17) "regulations" means a regulation made under this Act, by the Authority constituted under section 3.