section 297
Grounds on which approval of site for, or permission to construct or reconstruct, building, may be refused.- (1) The
The Puducherry Municipalities Act, 1973Infrastructure1973318 of 312 sections available1 chapters
Chapter IX FINANCE
Statutory text
The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974.
- (a) that the work, or use of the site for the work or any of the particulars comprised in the site plan, ground plan, elevations, sections or specification would contravene some specified provision of any law or some specified rule, bye-law, order or declaration made thereunder;
- (b) that the application for such permission does not contain the particulars or is not prepared in the manner required by the rules or bye-laws;
- (c) that any of the documents referred to in section 291 have not been signed as required by the rules or bye-laws;
- (d) that any information or documents required by the Commissioner under the rules or bye-laws has or have not been duly furnished;
- (e) that streets have not been made as required by section 266;
- (f) that the proposed building would be an encroachment upon any land belonging to or vested in the Central Government or any State Government or the municipal council; or
- (g) that the site is proposed to be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894).
- (2) Whenever the Commissioner or the council refuses to approve a building site for a building or to grant permission to construct or reconstruct a building the reasons for such refusal shall be specifically stated in the order of the Commissioner or the resolution of the council as the case may be.
- • 298. Lapse of permission.- If the construction or reconstruction of any building is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued.
- • 299. Inspection by Commissioner.- The Commissioner may inspect any building during the construction or reconstruction thereof, or within one month from the date of receipt of the notice given under section 141.
- • 300. Power of Commissioner to require alteration of work.- (1) If the Commissioner finds that the work --(a) is otherwise than in accordance with the plans or specifications which have been approved, or
- (b) contravenes any of the provisions of this Act or any rule, bye-law, order or declaration made thereunder, he may, by notice, require the owner of the building within a period stated in such notice either ---
- (i) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans or provisions, or
- (ii) to show cause why such alteration should not be made.
- (2) If the owner does not show cause as aforesaid, the Commissioner shall be bound to make the alterations specified in such notice.
- (3) If the owner shows cause as aforesaid the Commissioner shall, by an order, cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he may think fit.
- • 301. Stoppage of work endangering human life.- Notwithstanding anything contained in any of the preceding sections, the Commissioner may, at any time, stop the construction or reconstruction of any building if in his opinion the work in progress endangers human life.
- • 302. Completion certificates.- (1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Commissioner all necessary facilities for the inspection of such building or work.
- (2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act: The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. Provided that if the Commissioner fails within a period of thirty days after the receipt of the notice of completion to communicate his refusal to grant such permission, such permission shall be deemed to have been granted.
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