(1) No person shall erect or re-erect or commence to erect or re-erect within the

1. (1) No person shall erect or re-erect or commence to erect or re-erect within the limits of the village, any building without the previous permission of the panchayat. (2) Permission shall be presumed to have been granted if the panchayat fails to communicate its sanction or refusal in respect thereof within one month from the date of receipt of the application for the permission. In case of refusal, the panchayat shall communicate to the applicant the reasons thereof, and an appeal shall lie against any such order of refusal to the taluka panchayat: Provided that no such appeal shall be entertained if it is made after the expiry of thirty days from the date on which the refusal is communicated to the applicant. (3) No person, who becomes entitled under sub-section (1) or (2) to proceed with any intended work of erection or re-erection shall commence such work after the expiry of one year from the date on which he became entitled to proceed therewith unless he shall have again become so entitled by a fresh compliance with the provisions of sub-section (1) or (2) as the case may be. (4) Whoever erects or re-erects or commences to erect or re-erect any building without such permission or in any manner contrary to the provisions of sub- section (1) or any bye-law in force, or any conditions imposed by the panchayat shall, on conviction be punished with fine, which may extend to two hundred rupees and in the case of a continuing contravention, he shall be liable to an additional fine which may extend to twenty rupees for each day during which such contravention continues after conviction for the first such contravention. (5) Without prejudice to the penalty prescribed in sub-section (4) the panchayat may— (a) direct that the erection or re-erection be stopped, (b) by written notice require such erection or re-erection to be altered or demolished, as it may deem necessary, and, if the requirement under clause (b) is not complied with within the time fixed in the notice, the panchayat may cause the alteration or demolition to be carried out by its officers and all the expenses incurred by the panchayat therefor, shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter X: Provided that when a notice for bringing any action against any direction for the alternation or demolition of any erection or re-erection issued under this sub-section has been given under sub-section (2) of section 270, alteration or demolition shall not be caused to be carried out until the expiry of the period of such notice and a further period of seven days. (6) Nothing contained in this section shall apply to any building which is used or required for public service or for any public purpose, and if the property of the State or Central Government or any local authority, or is to be erected or re-erected by the State Powers of panchayat to manage institutions or execute work transferred to it by taluka or district panchayat. Control on erection of buildings. 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 41 or Central Government or the local authority but reasonable notice of the proposed construction shall be caused to be given to the panchayat, and the objections or suggestions of the panchayat, if any, shall be considered. Explanation.— The expression “erect” or “re-erect” with reference to a building in this section includes- (a) any material alteration, or enlargement of or in any building; (b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation; (c) such alteration of a building as would effect a change in the drainage or sanitary arrangement or materially affect its security; (d) the addition of any rooms, buildings, outhouses, or other structures to any building; (e) the conversion by any structural alteration into a place of religious worship or into a sacred building of any place or building, not originally meant or constructed for such purpose; (f) roofing or covering an open space between walls and building’s as regards the structure which is formed by roofing or covering such space ; (g) conversion into a stall, shop, warehouse, or godown of any building not originally constructed for use as such or vice versa; (h) construction in a wall adjoining any street or land not vested in the owner of the wall, of a door opening on such street or land.

limits of the village, any building without the previous permission of the panchayat.

1. (2) Permission shall be presumed to have been granted if the panchayat fails to communicate its sanction or refusal in respect thereof within one month from the date of receipt of the application for the permission. In case of refusal, the panchayat shall communicate to the applicant the reasons thereof, and an appeal shall lie against any such order of refusal to the taluka panchayat: Provided that no such appeal shall be entertained if it is made after the expiry of thirty days from the date on which the refusal is communicated to the applicant.
2. (3) No person, who becomes entitled under sub-section (1) or (2) to proceed with any intended work of erection or re-erection shall commence such work after the expiry of one year from the date on which he became entitled to proceed therewith unless he shall have again become so entitled by a fresh compliance with the provisions of sub-section (1) or (2) as the case may be.
3. (4) Whoever erects or re-erects or commences to erect or re-erect any building without such permission or in any manner contrary to the provisions of sub- section (1) or any bye-law in force, or any conditions imposed by the panchayat shall, on conviction be punished with fine, which may extend to two hundred rupees and in the case of a continuing contravention, he shall be liable to an additional fine which may extend to twenty rupees for each day during which such contravention continues after conviction for the first such contravention.
4. (5) Without prejudice to the penalty prescribed in sub-section (4) the panchayat may—
   • (a) direct that the erection or re-erection be stopped,
   • (b) by written notice require such erection or re-erection to be altered or demolished,

as it may deem necessary,

and, if the requirement under clause (b) is not complied with within the time fixed in the notice, the panchayat may cause the alteration or demolition to be carried out by its officers and all the expenses incurred by the panchayat therefor, shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter X: Provided that when a notice for bringing any action against any direction for the alternation or demolition of any erection or re-erection issued under this sub-section has been given under sub-section (2) of section 270, alteration or demolition shall not be caused to be carried out until the expiry of the period of such notice and a further period of seven days.

1. (6) Nothing contained in this section shall apply to any building which is used or required for public service or for any public purpose, and if the property of the State or Central Government or any local authority, or is to be erected or re-erected by the State Powers of panchayat to manage institutions or execute work transferred to it by taluka or district panchayat. Control on erection of buildings.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 41

or Central Government or the local authority but reasonable notice of the proposed construction shall be caused to be given to the panchayat, and the objections or suggestions of the panchayat, if any, shall be considered.

Explanation.— The expression “erect” or “re-erect” with reference to a building in this

section includes-

1. (a) any material alteration, or enlargement of or in any building;
2. (b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;
3. (c) such alteration of a building as would effect a change in the drainage or sanitary arrangement or materially affect its security;
4. (d) the addition of any rooms, buildings, outhouses, or other structures to any building;
5. (e) the conversion by any structural alteration into a place of religious worship or into a sacred building of any place or building, not originally meant or constructed for such purpose;
6. (f) roofing or covering an open space between walls and building’s as regards the structure which is formed by roofing or covering such space ;
7. (g) conversion into a stall, shop, warehouse, or godown of any building not originally constructed for use as such or vice versa;
8. (h) construction in a wall adjoining any street or land not vested in the owner of the wall, of a door opening on such street or land.