If any building or structure of permanent nature has been constructed or commenced to construct after duly approved building construction plan, is found to have deviated from approved construction plan within permitted level deviation, the Municipal Commissioner or the Executive Officer shall not order for its demolition:
Provided that the Municipal Commissioner or the Executive Officer shall proceed to realize such fine or penalty as is prescribed under this Act or rules, regulation or building regulation as the case may be:
Provided further that deviation within permitted level shall not be a ground to prosecute the licensed architect.
431. Periodic Inspection of construction activity -
(1) Every licensed architect, who has approved a map of individual residential building plan on a plot upto 500 Sq.mtr shall periodically inspect construction of such building or structure of permanent nature approved by him, as prescribed by the State Government, and if he is satisfied that the construction of the building is in breach or violation of building construction plan approved by him, he shall immediately report to the Municipal Commissioner or the Executive Officer of such violation and this shall be his responsibility.
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(2) On receipt of information of construction in breach or violation of approved building construction plan from the licensed architect, the Municipal Commissioner or the Executive Officer shall forthwith stop or cause to stop the construction of such building and shall proceed to take such action against the erring person including demolition of erected building or structure as is permitted under this Act or rule or building regulations.
(3) It shall be open to the Municipal Commissioner or the Executive Officer to himself inspect or cause an inspection by such other officer or employee of the municipality duly authorized by him and on such inspection if he is satisfied that building or structure is being constructed in breach or violation of approved building construction plan or building regulation or other parameters under this Act, he shall proceed to take such action as is permitted under this Act, Rule, Regulation.
432. No action to be taken without affording opportunity -
(1) The Municipal Commissioner or the Executive Officer shall not pass any adverse order against the owner, occupier or any person responsible for construction of a building or structure of permanent nature in breach or violation of approved building construction plan or any breach or contravention of building regulation or other parameters under this Act unless the person concerned has been afforded opportunity against such adverse order to be passed by the Municipal Commissioner or the Executive Officer.
(2) The Municipal Commissioner or the Executive Officer shall not pass any adverse order against any licensed architect. without affording opportunity of hearing to him.
(3) It shall be open to the Municipal Commissioner or the Executive Officer to pass an order stopping construction activity of a building or structure of permanent nature in breach or contravention of approved construction plan or building regulation and other parameters under this Act pending final decision by him.
433. Pending sanction of building construction plan - All building construction plans, which are pending for approval by respective ULBs of the State on or before commencement of this Act, shall with effect from enforcement of this Act be dealt with in the manner prescribed herein above.
434. Framing of Building Regulation -
(1) The State Government shall frame building regulation for the municipalities:
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Provided that State Government may frame one building regulation for all the municipalities or separate regulation for separate municipalities.
(2) Building regulation framed by the State Government shall be enforceable from the date it is published in Official Gazette.
(3) It shall be open to municipalities to introduce such modification, addition or alteration in the building regulation, framed by the State Government consistent with specific requirement of such municipalities:
Provided that any such modification, addition or alteration in the regulation introduced by the municipality shall not be enforceable unless it is approved by the State Government:
Provided further that if State Government does not communicate its decision within ninety days from the receipt of modified regulation from the municipality, it shall be deemed on the expiry of ninety days to have been approved by the State Government.
435. Municipalities to maintain Register of Licensed Architects -
(1) Every municipally shall maintain a register of Licensed Architects, who shall be considered as authorized architects to approve a map of individual residential building plan on a plot upto 500 Sq.mtr for construction of buildings or for undertaking alterations, additions or modifications to the existing buildings..
(2) Every Licensed Architect desirous of getting his name included in register of municipality shall make an application to the Municipal Commissioner or the Executive Officer along with a fee of five thousand rupees.
(3) The municipality shall prescribe qualifications and other requirements to license an architect.
(4) On such application being made, the Municipal Commissioner or the Executive Officer on being satisfied that the applicant is eligible to be licensed as architect, shall cause his name to be entered in the register of Licensed Architects of the municipality.
(5) Every Licensed Architect who is or was registered/empanelled with any of the Development Authorities of the State on or before commencement of this Act shall be deemed to be Licensed Architect of a municipality for a period of six months from the commencement of this Act:
Provided that every Architect whether or not registered/empanelled with any Development Authorities of the State on or before commencement of this Act, shall make application to the Municipal Commissioner or the Executive Officer within six months, failing which he shall cease to be a Licensed Architect. For providing license to the >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 631 Architects, general notice shall be published in the daily newspaper and ULB notice board.
Provided further that six months after commencement of this Act, only such Architects shall be entitled to approve building construction plan whose name is registered in the register of Licensed Architects of the municipality.
(6) Validity period of license of Licensed Architects shall be two years which can be renewed on submission of license fee as per sub-clause (2) above.