Vidhi Codex

section C

Lapse of sanction after one year from date of order.

The Jammu and Kashmir Town Area Act, 1954
General195488 of 87 sections available5 chapters
Read full ActSections

Chapter VI Chapter VI

Statutory text
  1. (1) Every sanction for the erection or re-erection of a building shall have been given or be deemed to have been given by the Chairman shall be in force for one year only from the date of such order or for such longer period as the Chairman may have specifically sanctioned under section 46-A. Should the erection or re-erection not have been commenced within one year and completed within such longer period as may have been sanctioned, the sanction shall be deemed to have lapsed; but such lapse shall not bar any subsequent application for the fresh sanction under the provisions of this Act: Provided that the Minister incharge Local Self Government or any person authorised by him in this behalf shall always have power to extend the period for erection or re-erection of any building or to renew the sanction for erection or re-erection of any building.
  2. (2) Every order made by the Chairman or the Minister incharge Local Self Government or any person authorised by him under this section shall be final and shall not be called in question in any original suit, application or proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of the power conferred by or under this section.
  3. (3) The provisions of this section shall have effect notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force. 46D. Power of Chairman to stop progress of building work unlawfully commenced or carried out D. Power of Chairman to stop progress of building work unlawfully commenced or carried out.—
  4. (1) In any case in which the erection or re-erection has been commenced or is being carried on in contravention of the provisions of this Act or any rule or bye-law made thereunder, the Chairman may, by written notice, require the building operations to be discontinued from the date of the service of such notice.
  5. (2) Any person failing to comply with the terms of such notice shall be punishable with fine which may extend to two thousand rupees and when the noncompliance is a continuing one, with a further fine which may extend to one hundred rupees for every day after the first during which the non-compliance continues. 46E. Power of Chairman to direct removal of persons from buildings in which works are being unlawfully carried on or which are unlawfully occupied E. Power of Chairman to direct removal of persons from buildings in which works are being unlawfully carried on or which are unlawfully occupied.—
  6. (1) Should a building be begun or re-erected—
    • (a) without sanction as required by section 46
  7. (1) ; or
    • (b) without notice as required by section 46
  8. (2) ; or
    • (c) when sanction has been refused ; or
    • (d) in contravention of the terms of any sanction granted ; or
    • (e) when sanction has lapsed ; or
    • (f) in contravention of any bye-law or order made under clause
    • (u) of section 45 ; the Chairman may after giving twenty-four hours' notice, direct all persons engaged in any capacity in the work of erecting or re-erecting the building in question or part thereof to remove themselves and shall take such measures as will prevent any one of such persons from again entering into or remaining upon such building or part thereof except with his permission.
  9. (2) All expenditure incurred in the enforcement of the provisions of this section may be recovered from the person offending. 46F. Erection and use of tenements F. Erection and use of tenements.—
  10. (1) No building shall be erected for human habitation or used for such purpose and in such manner as is not sanctioned by the Committee without the sanction of the Chairman or otherwise than in accordance with the bye-laws made in this behalf under this Act.
  11. (2) If any building erected for a purpose other than human habitation is occupied for such purpose and in such manner as if it is erected without the sanction of the Chairman is considered undesirable, such building may be demolished by the Chairman at the expense of the owner whether he is prosecuted under this Act or not. 46G. Compensation G. Compensation.—
  12. (1) No person shall have any claim against the Committee or the owner for any damage which he may sustain in consequence of the prohibition of erection of any building.
  13. (2) The Committee shall make reasonable compensation to any person for any damage he may sustain on account of the prohibition if the prohibition is necessary for the health or safety of the public or any class or body of persons: Provided that the Committee shall not be liable to pay any compensation to any person for any damage he may sustain by the reason of the erection or any part thereof being set back under section, or in respect of any building being immediately preceding such prohibition, in a ruinous or dangerous condition or unfit for human habitation.
  14. (3) The Committee shall not be liable to pay any compensation to any person for any damage or loss which he may sustain in consequence of the inclusion of any part of his land in a public road or for the set-back of any building or land belonging to him. 46H. Regulation of Architects and registered Draftsmen H. Regulation of Architects and registered Draftsmen.—
  15. (1) The Chairman may, subject to the payment of such fees as may be prescribed, permit any person to act as registered Architect or registered Draftsman: Provided that such person qualifies the minimum qualifications prescribed for the post of Overseer in the Public Works Department or any other qualification prescribed for the purpose by the Government within the period of at least five years: Provided also that the minimum qualifications shall not apply to a person who has already been acting up to 1st January, 1978 as an Architect or Draftsman.
  16. (2) Every such licence shall be valid for a period of one year from the date of issue or last renewal and shall be renewable every year on payment of such fees as may be prescribed by the Committee.
  17. (3) The rules made under this Act may prescribe—
    • (c) fee to be paid to a registered Architect or a registered Draftsman for any work done by him ;
    • (d) the conditions subject to which the registration shall be valid ; and
    • (e) classification of plans to be prepared by the registered Architect and the registered Draftsman.
  18. (4) If any registered Architect or registered Draftsman receives more than the fee so prescribed or contravenes any of the provisions of this Act, or rules, or bye-laws made thereunder or is in the opinion of the Chairman, acts negligently, his licence shall be liable to be cancelled by the Chairman. 46J. Sanction subject to other laws J. Sanction subject to other laws.— Notwithstanding anything contained in this Act, an order sanctioning erection or re-erection of a building under this Act shall be and shall always be deemed to have been subject to the provisions of any other law for the time being in force. 47. Provisions for sanitation and conservancy Provisions for sanitation and conservancy.--The Town Area Committee, by general or special order in writing, may, and if so advised by the Director of Health Services or such other officer as the Government may nominate in this behalf shall, provide, if funds permit, for all or any of the following matters within the town area :-
    • (a) the protection from pollution and periodical examination of all sources of water used for drinking and bathing purposes ;
    • (b) the prohibition of the removal or use for drinking purposes of any water from any stream, well, tank, spring or other source where such removal or use causes or is likely to cause disease or injury to health and the ,prevention of such removal or use by the filling in of any well, tank or other receptacle or by any other method that may be considered advisable :
    • (c) the prohibition of the deposit or storage of manure, refuse or other offensive matter in the manner prejudicial to the public health, conduct or convenience ;
    • (d) the excavation of earth and the filling up of all excavations and depressions injurious to health or offensive to the neighbourhood ;
    • (e) the removal of noxious vegetation ;
    • (f) protection against fire ;
    • (g) the disposal or destruction of materials likely to convey disease ;
    • (h) the registration of births and deaths ;
      • (i) the condemnation and destruction of any [food] which is unfit for human consumption ;
    • (j) the prohibition for reasons of public health of the use of any place for the sale of fish, milk, butter, ghee, meat, poultry, fruit, vegetable or sweetmeats in default of a licence granted by the Committee or otherwise than in accordance with the conditions of such licence ;
    • (k) the fixing of the conditions, and the circumstances, in which and the area or localities in which licences for the sale of fish, meat, fruit, vegetables, milk, butter, ghee, poultry or sweetmeats may be granted, refused, suspended or withdrawn ;
    • (l) the setting apart of suitable places for bathing, washing and watering animals and for washing clothes ;
    • (m) the provisions, repair or removal of drains, privies and latrines ;
    • (n) the prohibition for reasons of public health of the use of any open place for committing nuisance or camping ground without having a sanitary tent ;
    • (o) the removal of hedges and trees overhanging on public streets and walls, etc. ;
    • (p) the securing or enclosing untented buildings remaining a nuisance ;
    • (q) the provisions of troughs and pipes for rain water ;
    • (r) prohibition against letting of buildings to diseased persons, keeping of injurious substances ; the disposal of dead animals ;
    • (t) the removal or alteration of roofs and external walls made of inflammable material ;
    • (u) undertaking of house scavenging by the Committee ;;
      • (v) any other measure which may be necessary generally for conservancy of the town. 47A. Cleaning of filthy buildings or lands [47-A. Cleaning of filthy buildings or lands.--Should the owner, or occupier of any building or land suffer the same to be in a filthy or unwholesome state, the Chairman may, by notice, require him within 24 hours to clean the same or otherwise put it in a proper state and thereafter to keep it in a clean and proper state, and, if it appears to be necessary for sanitary purposes to do so, may, at any time by notice, direct the occupier of any building to limewash or otherwise clean the said building inside and outside in the manner and within a period to be specified in the notice.] 48. Power to suspend action of the Committee Power to suspend action of the Committee.--The [Government] may, by order in writing, suspend the execution of any resolution or order of the Committee or Chairman if in its opinion such resolution or order is in excess of the powers conferred on the Committee or the Chairman, as the case may be, by law or if the execution of such resolution or order is likely to lead to a breach of the peace or to cause injury or annoyance to the public or to any class or body of persons. 49. Power to provide for the performance of duties in case of default of a Committee Power to provide for the performance of duties in case of default of a Committee.--
  19. (1) If any Town Area Committee refuses or omits to perform any prescribed duty, the [Government], or such other officer as may be empowered by it in this behalf, may direct the execution of any work or the doing of any act which a Committee is empowered to execute or do and the immediate execution or doing of which is, in its opinion, necessary for the service or safety of the public, and may direct that the expense of executing the work or of doing the act shall be forthwith paid by the Committee.
  20. (2) Should the expenses be not so paid, the [Government] or the officer empowered by it, as the case may be, may make an order directing the person having the custody of the balance of the Town Area Fund to pay the expense or so much thereof as may from time to time be possible from that balance, in priority to all other charges against the same. 50. Power of Government to dissolve Committee in case of incompetency or default or excess of abuse of powers Power of Government to dissolve Committee in case of incompetency or default or excess of abuse of powers.--[(1) If at any time upon representation made or otherwise it appears to the Government that the Town Area Committee is not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force, or exceeds or abuses its powers the Government may, after having given an opportunity to the Committee to show cause why such an order should not be made, or, if it appears to the Government that the case is one of emergency, forthwith issue an order directing that all the members of the Committee shall vacate office as and from such date as may be appointed and declare the Committee to be superseded. Such order shall be published in the Government Gazette and the reasons for making it shall be stated therein.
  21. (2) When a Committee is so superseded, the following consequences shall ensue--
    • (a) all members of the Committee shall, on the date of notification, vacate their seats as such members ;
    • (b) all powers and duties of the Committee shall, until it is reconstituted, be exercised and performed by such person or persons as the Government may appoint in that behalf ;
    • (c) on the expiration of the period of supersession mentioned in the order, the Committee shall be reconstituted and the persons who vacated their offices under clause
    • (a) of sub-section
  22. (2) shall not be deemed disqualified for reelection as members. 51. Application of Town Fund when any area ceases to be a town area Application of Town Fund when any area ceases to be a town area.--When any area ceases to be a town area for the purposes of this Act, the balance of the Town Fund, if any, shall be applied for the benefit of the inhabitants of the said area in such manner as the Government may direct and all property vested in the Committee shall, until the committee is reconstituted, vest in the Government. 52. Powers of the Government to make rules Powers of the Government to make rules.-(1) The Government may make rules applicable to all or any town area for carrying out the purposes of this Act.
  23. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-
    • (a) to regulate and control the powers conferred by this Act or by any rule made under this Act on any officer of the Committee.
    • (b) to prescribe duties for any such officer or servant in addition to those prescribed by this Act ;
    • (c) to prescribe or regulate in respect of the number of members to compose the Committee ;
    • (g) regulating the election of Chairman and Vice-Chairman ;
    • (h) the use of the Town Fund ;
      • (i) the form in which accounts may be kept or maintained ;
    • (j) the proportions in which the Town Fund shall be applied as to the proportion of income which may be spent ;
    • (k) the preparation of plans and estimates for works involving expenditure from a Town Fund, the person by whom and the conditions subject to which such plans and estimates may be sanctioned ;
    • (l) the returns and statements to be submitted by the Committee ;
    • (m) to regulate the imposition of taxes and fees under this Act and to prevent the avoidance thereof ;
    • (n) the grant of refund on export of goods or articles on which Dharat or Terminal tax has been levied ;
    • (q) custody of records ;
    • (r) the exemption from Dharat or Terminal tax of goods that have once paid it on being brought into the town area and thereafter exported from it ; the qualifications and conditions of appointment of an officer or servant appointed under section 14 to hold office under the Committee ;
    • (t) the functions and working of the Committee.
  24. (3) The power to make rules under this Act is subject to the condition of the rules being made after previous publication.
  25. (4) [Until rules are made by the Government under this section the rules made under the Jammu and Kashmir Town Area Act, Samvat 1997, and in force at the commencement of this Act, shall, notwithstanding the repeal of the said Act, have always continued in force as if they were made under the provisions of this Act.] 53. Procedure for making general orders Procedure for making general orders.-Before making any general order under sections 45 and 47 the Committee shall give public notice of its intention to make such order and any inhabitant of the town may, within 30 days of the publication of such notice, submit his objection to such general order in writing and within 30 days from the date of such notice the Committee shall take into consideration any objection received and make such amendments of the order as it may think fit and then submit the general order to the Government for approval with the objections, if any, which have been received and the Government may sanction, refuse to sanction the issue of the order, or return the general order for further consideration.
  26. (2) A general order sanctioned under sub-section
  27. (1) shall be published in such manner as may be prescribed. 54. Appeal against special orders Appeal against special orders. 55. Powers of Committee to lay or carry pipes, drains or sewers through private property subject to payment of compensation for damage sustained Powers of Committee to lay or carry pipes, drains or sewers through private property subject to payment of compensation for damage sustained.-A Committee may, for the purpose of carrying out, establishing or maintaining any system of drainage, sewerage or water supply, carry any pipe, drain, sewer or channel of any kind into, through, across, under, over or on the side of any land or building wherever situate within the limits of the town area, and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining such pipe, drain, sewer or channel : Provided that-
    • (a) reasonable notice shall be given to the owner or occupier of any such land or building ;
    • (b) compensation shall be paid to the owner or occupier for any damage sustained by him and directly occasioned by the carrying out of any such operations or for any substantial interference with the rights of such owner or occupier to the due enjoyment of such land or building ; and
    • (c) in the event of any dispute as to the notice to be given or the compensation to be paid, the matter shall be referred by the Committee to the [Government] whose decision shall be final. 56. Powers to attach brackets for lamps, name-plates of streets and number of houses and penalty for destroying the same Powers to attach brackets for lamps, name-plates of streets and number of houses and penalty for destroying the same.-A Committee may attach to the outside of any building brackets for lamps or name-plates of streets and may cause a number to be affixed to every house in the town area for the purposes of identifying it, and any person who wilfully disturbs, defaces or destroys any such bracket, name-plate or number shall, on conviction before a [Judicial Magistrate], be liable to a fine which may extend to twenty-five rupees.

Study data processing for this section.

Some statutory text is still being prepared for this language version.

PDF: pending for this language.