section 48
Application of Act to alteration or addition to building
The Gangtok Municipal Corporation Act, 1975(1) The provisions of this Chapter and any rules or by-laws made under this Act relating to the erection of buildings, shall also apply to every material alterations of or additions to, any building, but shall not apply to necessary repairs not involving any of the works which constitute a material alteration or addition. (2) An alteration or addition in or to a building shall, for the purpose of this Chapter and of any rule or by-laws made under this Act, be deemed to be material if— (a) it increases or diminishes the height of, the area covered by or the cubical capacity of the building or any part thereof; or (b) it affects or is likely to affect prejudicially the stability or safety of the building or the condition of the building in respect of drainage, ventilation, sanitation or hygiene; or (c) it converts into a place for human habitation a building or part of a building originally constructed for other purposes; or (d) it is an alteration or addition declared by any rule or by-laws made in this behalf to be a material alteration or addition. (3) If any question arises as to whether any addition or alteration is necessary repairs not affecting the position, safety, stability, use, sanitary condition or dimension of a building or room, such question shall be referred to the Corporation at a meeting and the decision of the Corporation shall be final.
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