(1) In section 316 of the Bihar Municipal Act, 2007, the sub-title of this section “Building plan approved by registered Architect to be submitted to Chief Municipal Officer” shall be substituted by the following:
“Building plan prepared by registered Architect to be submitted to the competent authority.”
(2) In sub-section (1) of section 316 of the Bihar municipal Act, 2007, the words “who approves” shall be substituted by the words “ who prepares.”
(3) Sub-section (2) of section 316 of the Bihar Municipal Act shall be substituted as under:
“On receipt of the building construction plan prepared by a registered Architect, the competent authority may enquire and verify and satisfy himself that the building construction plan conforms to building bye law and other parameters required under this Act or Rules or Bye Law and approve.”
34. Amendment of Section 317 of the Bihar Act 11, 2007- In the said Act section 317 shall be substituted by the following:
"317 If Chief Municipal Officer or the competent authority, on such inquiry or verification, finds that the building or structure of permanent nature is in contravention, breach or deviation of building bye-law or other parameters under this Act, he shall immediately stop construction work and proceed to take action against 11 �बहार गजट (असाधारण), 8 जनवर� 2014 owner, occupier or any person responsible for construction of such building in contravention, breach or deviation of building bye-law and other parameter and shall also proceed to take action against the registered Architect, who prepared and recommended such building construction plan;
Provided that if however the building or structure of permanent pnature has been constructed or commence to construct after dully approved building construction plan, is found to have deviated from approved construction plan within permitted level deviation, the Chief Municipal Officer or the competent authority shall not order for its demolition;
Provided further Chief Municipal Officer or competent authority shall proceed to realize such fine or penalty as is prescribed under this Act or Rule, Regulation or building bye-laws as the case may be;
Provided further also that deviation within permitted level shall not be a ground to prosecute the registered Architect who prepared and recommended the building construction plan."
35. Amendment of Section 318 of the Bihar Act 11, 2007- In section-318 of the said Act-
(i) Sub-section (1) the word “ approved” “shall be substituted by the words “prepared and recommended”
(ii) In sub-section (2) the word “submitted” shall be substituted by the words “prepared and recommended”