No person shall erect, or commence to erect any building or execute any Prohibition of erection

of the works specified in section 339 in any municipal area, in accordance with Without sanction. the provision of this Act and the regulation made there under in relation to such erection of building or execution of work, as the case may be : Provided that the erection of a residential building upto a height of three storeys, or with a height of eleven meters whichever is lower on a plot of land of three hundred square meter or less may be commenced and may be proceeded with if the building plan has been prepared by an architect registered under the Architect Act, 197 2 (Act 2 of 197 2) and authenticated by him certifying that the building plan for such erection conforms to the provision of this Act and the rules and the regulations made there under : Provided further that any such plan shall be submitted to the Chief Municipal Executive Officer/ Municipal Executive Officer before commencement of the work referred to in the first proviso for sanction thereof in due course : Provided also that if any deviation from the provisions of this Act or the rules or the regulations made there under or any material deviation from such plan is detected in erection of any such building, the Chief Municipal Executive officer Municipal Executive Officer may take necessary action against such person in accordance with the provisions of this Act or the rules or the regulations made there under and in the case of any deviation from the provisions of this Act, or the rules or the regulations made thereunder send a report to the Institution of Architect or the Council of Architecture against the architect who prepared the building plan and authenticated it by certifying that the building plan conforms to the provisions of this Act or the rules or the regulations made there under for such action as the Institution of Architects may deem fit: Provided also that the Chief Municipal Executive Officer/ Municipal Executive Officer shall by order direct that no certification by such architect in respect of any building plan shall be accepted by the Municipality till a decision on the aforesaid report is received from the Institution of Architects or the Council of Architecture by the Chief Municipal Executive Officer/ Municipal Executive Officer: Provided also that in a case where the Chief Municipal Executive Officer/ Municipal Executive Officer has sanctioned or provisionally sanctioned erection of any building above a height of fourteen meters, he shall cause publication of the fact of such sanction in such form and in such manner as may be prescribed, at the cost of lire person in whose favour such sanction has been given, 341. (1) Subject to the provisions of section 340, every person who intends to Erection of building. erect a building shall apply for sanction by giving a notice, in writing of his intention to the Chief Municipal Executive Officer/Municipal Executive Officer in such form and containing such information as may be prescribed.

1. (2) Every such notice shall be accompanied by such documents and plans as may be prescribed. 342. (1) Subject to the provision of section 340, every person who intends to Application for addition execute any of the works specified in sub-section (b) of clause (1) of section to or repair of building. 339 shall apply to the Chief Municipal Executive Officer/ Municipal Executive Officer for sanction by giving a notice, in writing of his intension in such form and containing such information as may be prescribed.
2. (2) Every such notice shall be accompanied by such documents and plans as may be prescribed. 343. (1) Every person giving any notice of his intention to erect a building Purpose for which under section 431 shall specify the purpose for which such building is intended building to be used to be used : and conditions of validity of notice. Provided that for any building not more than one class of use consisted with the occupy or the use group within the meaning of clause (2) of section 339, shall be considered except in respect of the case where under this Act or under any other law for the time being in force, mixed occupancies of specified nature may be permissible.
3. (2) Every person giving any notice under section 341 of his intention to execute any of the works specified in sub-clause (b) of clause (1) of section 339, shall specify whether the original purpose for which such work as intended to be executed, is proposed or is likely to be changed by such execution of work : Provided that if such change would result in mixed occupancies which are contrary to the provisions of this Act or of any other law for the time being in force such change shall not be allowed.
4. (3) No notice shall be valid until the information required under sub-section (1) or sub-section (2) and any other information and plans which may be required by regulations made under this Act have been furnished to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer along with the notice. 334. (1) Subject to the provision of section 340, the Chief Municipal Executive Sanction or provisional Officers Municipal Executive Officer shall sanction, or provisionally sanction sanction of refusal of the erection of a building of the execution of a work within the municipal area, building or work. unless such building or work would contravene any of the provision of sub- section (2) of this section or the provision of section 355 or section 357. Provided that no such sanction shall be accorded without the prior approval of the Empowered Standing Committee in the case of any building, except a residential building proposed to be erected or re-erected on a plot of land of five hundred square meters or less: Provided further that the Empowered Standing Committee shall consider the recommendation of the Municipal Building Committee, and shall finalize its decision after such consideration.
5. (2) The sanction for erection of a building or execution of a work may be refused on the following grounds, namely :
   • (a) that the building or the work or the use of the site for the building or the work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of this Act or the rules or the regulations made thereunder or of any other law for the time being in force or any scheme sanctioned thereunder,
   • (b) that the notice for sanction does not contain the particulars or is not prepared in the manner, required under the rules or the regulations made in this behalf under this Act,
   • (c) that any information or document required by the Chief Municipal Executive Officer/ Municipal Executive Officer under this Act or the rules or the regulations made thereunder has not been duly furnished,
   • (d) that the building or the work would be an encroachment on the State Government land or land vested in the Municipality, and
   • (e) That the site of the building or the work does not abut on a street or projected street and that there is no access to such building or work from any such street by any passage or pathway appertaining to such site.
6. (3) Notwithstanding anything contained in this Act, the Chief Municipal Executive Officer/Municipal Executive Officer may while granting permission under this chapter, specify such special conditions relevant to each case, regarding disposal of solid, liquid or gaseous wastes or for parking of vehicles or for loading or unloading of goods or for abatement of nuisance of any kind whatsoever as he deems fit.
7. (4) The Chief Municipal Executive Officer/ Municipal Executive Officer shall communicate the sanction or the provisional sanction to the person who has given the notice under section 341 or section 342 and where ire refuses sanction or provisional sanction, either on any of the grounds specified in sub- section (2) or under section 355 or section357, he shall record a brief statement of his reasons for such refusal in writing and shall communicate the refusal along with the reason therefore to the person who has given the notice.
8. (5) The sanction or the provisional sanction or the refusal of sanction to the erection of a building or the execution of a work shall be communicated in such manner as may be prescribed and in the case of sanction or provisional to the erection of a building, the occupancy or use group shall be specifically stated in such sanction. 345. (1) In the case of a Municipal Councils or Nagar Panchayats, the Municipal Building Empowered Standing Committee shall constitute a Municipal Building Committee for Committee with the Chief Municipal Executive Officers Municipal Executive Municipal Councils or Officer as its Chairperson and an officer of the Municipality as its convenor. Nagar Panchayats.
9. (2) The Municipal Building Committee shall have in addition to the Chairperson and the convenor, six other members of whom:
   • (a) one shall be an officer of the planning and development authority for the municipal area under any law for the time being in force,
   • (b) one shall be an officer of the police authority responsible for traffic in the municipal area,
   • (c) one shall be an officer of the fire services having jurisdiction over the municipal area,
   • (d) one shall be an architect having experience of not less than five year,
   • (e) one shall be an Civil Engineer having experience of not less than five year,
   • (f) one shall be an officer for the authority responsible for environmental management of the municipal area and,
   • (g) One shall be an officer of the State Government nominated by the State Government.
10. (3) The Municipal Building Committee may co-opt one person to be nominated by the concerned department of the State Government while dealing with any case regarding any educational building or institutional building or assembly building or industrial building or hazardous building.
11. (4) The Municipal Building Committee shall meet at such periodical intervals as may be necessary but not less than once in every calendar month,
12. (5) The Municipal Building Committee shall scrutinize every application for erection or re-erection of a building for which notice has been received under section 341, other than a residential building up to three storeys or with a height of twelve meters whichever is higher on a plot of land of five hundred square meters or less and make its recommendations : Provided that in respect of any building or execution of any work, if such building or work as the case may be affects or is likely to affect — i. the functioning of the microwave system for telecommunication purposes, or ii. Any function for the purpose of civil aviation, the Municipal Building Committee shall, if so considered necessary, refer the matter to the concerned Department of the Central Government or authority for opinion before finalizing the recommendations.
13. (6) The recommendation of the Municipal Building Committee shall be referred to the Empowered Standing Committee for its consideration and approval with or without change: Provided that the reasons for any deviation from the recommendations shall be recorded in writing.
14. (7) The manner of conduct of business of the Municipal Building Committee and the procedure to be followed by it shall be such as may be specified by regulations.