(1) No person shall erect or occupy any building at Chandigarh in contravention of any building rules made under sub-section (2).
(2) The ' [Central Government] may, by notification in the official Gazette, make rules to regulate the erection of buildings and such rules may provide for all or any of the following matters, namely :-
(a) the materials to be used for external and partition walls, roofs, floors, stair-cases, lifts, fire-places, chimneys and other parts of a building and their position or location or the method of construction ;
(b) the height and slope of the roofs and floors of any building which intended to be used for residential or cooking purposes;
(c) the ventilation in, or the space to be left about, any building or par thereof to secure a free circulation of air or for the prevention of fire;
(d) the number and height of the storeys of any buildings;
(e) the means to be provided for the ingress or egress to and from an:
building;
.1. Substituted by Punjab 12e-organisation (CM.) (Adaptation of Laws) Order, 1968 for "Stab Government".
Capital of Punjab (Development and Regulation) Act, 1952 1[7-A. Power to apply certain provisions of Punjab Act 42 of 1976 to Chandigarh. - (1)The Ch ief Adm in istrator may, from time to time by notification in the official gazette, and with the previous approval of the Administrator of the Union Territory ofChandigarh, apply to Chandigarh or any part thereof with such adaptations and modifications not affecting the substance as may be specified in the notification, all or any of the provisions of the Punjab Municipal Corporation Achcta,n1d9ig7ah 1976 (Punjab Act 4/ of 1976), in so far as such provisions are applicable to
(2) While exercising the powers or performing the functions under the provisions of the Punjab Municipal Corporation Act, 1976 (Punjab Act 42 of 1976) applied to Chandigarh by a notification under Sub-section (1), the Ch ief Ad mi n istrator shall be subject to the control of the Administrator and not to that of the Commissioner or Deputy Commissioner.
(3) Notwithstanding the substitution of Section 7-A of the Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as substituted section) the substituted section shall not -
(a) affect the previous operation of the substituted section or anything duly done or suffered thereunder; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the substituted section ; or
(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against substituted section ; affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such privilege, forfeiture or punishment may be imposed as if this substitution has not been made.]
**** 2[8. Imposition of penalty and mode of recovery of arrears.- (1) Where any transferee makes any default in the payment of any rent due in respect of any lease of any site or building or both, as the case may be, under section 3, or where any transferee or occupier makes any default in the payment of any fee or tax levied under section 7, the Estate Officer may direct that in addition to the amount of arrears, a sum not exceeding that amount shall be recovered from the transferee or occupier, as the case may be, by way of penalty;
Provided that no such direction shall be made unless the person affected thereby has been given a reasonable opportunity of being heard in the matter.
(2) Where any person makes any default in the payment of any amount, being the arrears and penalty directed to be paid under sub-section (1), such amount may be recovered from the transferee or occupier, as the case may be, in the same manner as an arrears of land revenue.
8-A.Resamptionandforfeiturefor breach of conditions of transfer. - **** .(1) If any transferee has failed to pay the consideration money or any instalment thereof on account of the sale of any site or building or both, under section 3 or has committed a breach of any other conditions of such sale, the Estate Officer may, by notice in writing, call upon the transferee to show cause why an order ol
1. Substituted by Amendment Act 45 of 1995 published in Chadigah Administratio Gaz. (Extra) dated 22.9.1994 at page 741
2. Substituted by Capital of Punjab (Development & Regulation) Amendment Act 17 of 1973 10 Capital of Punjab (Development and Regulation) Act, 1952
(f) the minimum dimensions of rooms, intended for use as living rooms, sleeping rooms, or rooms for the use of cattle;
(g) the ventilation of rooms, the position and dimensions of rooms, or projections beyond the outer faces of external walls of a building and of doors or windows;
(h) any other matter in furtherance of the proper regulation of erection, completion and occupation of buildings;
(i) the certificates necessary and incidental to the submission of building plans, amended plans and completion reports.
COMMENTARY Construction on upper storeys — Interim injunction — Right to construction - Tenant of single storey house cannot restrain landlord/landlady from using stair case for construction of upper storeyes under Chandigarh Rules and Regulations — 2011(1) Haryana Law Reporter 74 Professional use— Permission to use residential premises for professional purpose including Doctors, Advocates and others is not restricted to owners only but other occupants and tenants are also entitled to take these benefits — 2016(1) liar. LR 71 D.B. ****