Vidhi Codex

section 353

Explanation :- "Company" shall have the same meaning as in the Explanation to section 465.

Arunachal Pradesh Municipal Act, 2007
Infrastructure2007409 sections2 chapters
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Chapter XXXV Chapter XXXV

Statutory text
  1. (1) The Chief Municipal Executive Officer/ Municipal Executive ~~ Lower of the Officer may at any time during the erection of any building or the Chief Municipal execution of any work or at any time within three months after the Executive a. completion thereof, by notice in writing specify any matter in Officer/Municipal respect of which such erection or execution is without or contrary to Executive . the sanction referred to in section 344 or is in contravention of any Officer to require condition of such sanction or of any of the provisions of this Act or alteration of the rules or the regulations made there-under and require the work, person who gave the notice under section 341 or section 342 or the owner of such building or work either-
    • (a) to make such alterations as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer in the notice with the object of bringing the building or the work in conformity with such sanction or such condition of such sanction or the provisions of this Act or the rules or the regulations made there- under, or
    • (b) to show cause within such period as may be stated in the notice, why such alterations should not be made.
  2. (2) If such person or such owner does not show any cause as aforesaid, he shall be bound to make the alterations specified in the notice.
  3. (3) If such person or such owner shows the cause as aforesaid, the Chief Municipal Executive Officer/Municipal Executive Officer shall by order either cancel the notice issued under sub-section (1) or confirm the same subject to such modification as he thinks fit. 354. (1) Every person giving a notice under section 341 or section 342 or evel : PHA J builling or work o which such notice relates shall within one month Completion certificate. after completion of erection of such building or execution of such work, deliver or send or cause to be delivered or sent to the Chief Municipal Executive Officers Municipal Executive Officer a notice in writing of such completion accompanied by a certificate in the form specified in the rules made in this behalf and shall gives to the Chief Municipal Executive Officer Municipal Executive Officer all necessary facilities inspection of such building or work.
  4. (2) No person shall occupy or permit any other person to occupy any such building or use or permit any other person to use any buildings or apart thereof affected by any such work until permission has been granted by the Chief Municipal Executive Officer/Municipal Executive Officer in this behalf in accordance with the rules and the regulations made under this Act : Provided that if the Chief Municipal Executive Officers Municipal Executive Officer fails within a period of thirty days of receipt of the notice of completion to communicate his refusal to grant such permission such person may make a representation in writing to the Chief Councillor. B. Municipal Building Code 355. (1 ) The State Government shall prepare a Code to be called the Municipal Power of State Building Code containing rules providing for- Government to make
    • (a) the regulation or restriction of the use of sites for buildings, building rules and to
    • (b) the regulation or restriction of buildings Glaeslly ho eicipal
    • (c) And compliance with the provision of any law relating to urban land £ licati purp f ceiling or urban land use planning. of application o building rules.
  5. (2) without prejudice to the generality of the foregoing power such Code may provide for all or any of the following matters :-
    • (a) information and plans to be submitted together with application under any of the provision of this chapter,
    • (b) requirements of sites,
    • (c) means of access,
    • (d) development of land into land sub-division and layout,
    • (e) land use classification and uses,
    • (f) open space area and height limitations,
    • (g) parking spaces,
    • (h) requirement of parts of building plinth, habitable room, kitchen, pantry bathroom, water closet, loft , ledge, mezzanine floor, storeroom garage roof, basement, chimney, lighting and ventilation of room, parapet, wells, septic tanks and boundary wall,
      • (i) provisions of lifts,
    • (j) Exit requirement including doorways, corridors, passageways, staircase, ramps and lobbies,
    • (k) Fire protection requirement including materials and designs for interior decoration,
      • (I) special requirement of occupancies for residential building, educational building, institutional building, assembly building, business building, mercantile building, industrial building, storage building and hazardous building (including those for assembly movement, parking loading, unloading, public convenience, water supply and vendors plazas),
    • (m) structural design,
    • (n) quality of materials and workmanship,
    • (o) alternative materials, method of design, construction and tests,
    • (p) Building service including electric supply and such supply from non- conventional sources of energy, air conditioning or heating and telecommunication systems.
    • (q) water supply, water harvesting and plumbing services,
    • (r) signs and outdoor display structures,
    • (s) special requirement for building in the hill areas,
    • (t) special requirement of access for handicapped persons in respect of matters referred to in chapter XXII, chapter XXIII, chapter XXIV and chapter XXV,
    • (u) protection against natural disasters including earthquakes any cyclones and technological disasters and
      • (v) Any other matter considered necessary in relation to building activities.
  6. (3) The State Government may by notification exempt any municipal area or any group of municipal areas as classified under section 7 from the operation of ell or any of the provisions of this chapter or the rules made under this section.
  7. (4) While such exemption under sub-section (3) remains in force in any municipal area or group of municipal areas, the State Government may make rules consistent with the provision of this chapter for application to such municipal area or group of municipal areas.
  8. (5) Notwithstanding anything contained in the foregoing provisions of this section, no building plan for a building on such plot area or for such use as may be prescribed which does not provide for electric supply from non- conventional sources of energy and water harvesting shall be sanctioned by the Municipality. C. Municipal Building Tribunal

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