(1) Compliance. with the provisions of these rules is adequate for normal buildings. However, for major public buildings or complex of buildings coming up in any environmentally sensitive area or in the proximity of monuments and buildings of heritage importance, the aesthetics of the whole ~heme may also have to be examined, vis-a-vis existing structures. In addition, any development which may affect the general characteristics and environment of historical, architectural, or other monuments should also be accordingly scrutinized and necessary modifications in the plans be made.
Note:-This .clause is intended to be used only in rare circumstances and the scrutiny shall be limited to the external architectural features only with the ·purpose of ensuring an aesthetic. continuance ·of the existing structures with the new .
. (2) The Agency may, with the· prior appi:oval of the Government, appoint an Art Commission for examining schemes of such buildings. This Commission may consist of persons who are ·specialized in the respective subject. •
(3) The Commission may select only the important buildings as described in sub-rule (1) and examine proposals of development / construction with respect to surrounding· area.
The owner and/or the Architect, Structural Engineer, Engineer or Town Planner as the case may be, who has signed the plan may be examined. A study of the plan, elevations, sections, models etc. may be made. The Architect, Structural Engineer, Engineer or Town planner as the case may be, shall explain in general terms the purposes which the building have to serve and the main conditions which have influenced him m preparmg the design. The 222 (198) ~ ~, ~ 14 l,l"'il 2016 Commission may recommend a change in the whole scheme or suggest modifications in the scheme to the Agency. The Agency shall thereafter take the final decision on granting development/ building permission.
The time taken by the commission in submitting its recommendations shall not be taken into account while computing the period of sixty days, within which the Agency may have to grant the building permission under the Rules.
(5) The Art Commission may also advise the Agency, on schemes which will beautify the areas and add to their cultural vitality.
40. Completion Certificate and permission to occupy or use- Every owner/ applicant on completion of the development and/ or building and before occupation of the building shall obtain from the Agency, a completion certificate to this effect that the development and / or building has been completed as per the sanctioned plan.
(1) Every person who-- • (i) erects or re erects any building or
(ii) make any material external alteration in or addition to· any existing building; or
(iii) construct or re-constructs any projecting portion of a building which the Building Officer is empowered to ·require to be set back or is empowered to give permission .
to construct or reconstruct;
shall within one • month of. the completion of the work delivered to the Building Officer at his office a notice in writing of such completion and_ shall give to the Building Officer all necessary facilities. for the inspection of such work.
(2) Within seven . days after the receipt of the said notice. the Building Officer shall . depute an officer to commence the inspection of such work.
(3) Within seven days from the date of commencement of such inspection the Building Officer shall- ( a) give permission for the occupation of the building erected or for the use of the part of the building re-erected; or
(b) refuse such permission in case such erection, construction or re-construction is in contrave~tion ~f any provision of 222 (199) this Act or any rule or by~law made there under or any other enactment for the time being in forceo ( 4) No person shall occupy or permit to be occupied any such building or use or permit to be used any part affected by the re erection of such building-- ( a) until the permission referred to in clause (a) of sub-rule
(3) has been granted in the manner prescribed by the rules · orbyelaws;
(b) unless· the Building officer has failed for fifteen days after the receipt of notice of completion to intimate his refusal to grant the said permission.
41. Power of Building Officer to stop progress of building work unlawfully commenced or carried on-
(1) In any case in which the erection commenced is being carried on unlawfully as mentioned in rule 46, the Building Officer may by written notice require the building operations to be discontinued from the date of service of such notice.
(2) Any person failing to comply with the terms of such notice shall .be punishable with a fine which may extend to five thousand· rupees and if he fails to comply with the terms of such notice after. the first day of his failure so to do, with a further fme which may extend to two hundred rupees for every such day after ~e first.
42. Power of Building Officer to direct removal of person from building in which works. are unlawfully carried on or which are .
unlawfully occupied- (!) If any person contravenes any provision of sub-rule ( 4) of rule 40 or rule 41 or disobeys any direction of the Building Officer ·made there under, the Building Officer after giving twenty-four hours notice shall direct all persons engaged in any capacity in the work of erecting or re-erecting the building in question or part there of or constructing or re-constructing any projecting portion thereof or occupying or using such building or part thereof, to remove themselves and shall take such measures as will prevent any one of such persons from again entering into 222 (200) l=f~ ~. ~ 14 lffil 2016 or remaining upon such building or part thereof except with his permission;
Provided that any person occupying or using such building or part thereof either as tenant or as owner in contravention of sub-rule ( 4) of section 40 shall not be directed to remove himself unless he has been served··by the Building officer with one week's notice in writing requiring to him vacate:
Provided further that if in the opinion of the Building officer there is imminent danger to human life, the Building officer may require such building or part there of to be vacated immediately.
(2) The Building officer shall, on the application of any person who has vacated any premises in pursuance of a notice under sub-rule (1 ), re-instate such person in the premises on the withdrawal of such notice, unless it is in his opinion impracticable to restore substantially the same terms of occupation by reason of any structural alteration or demolition ..
(3) All expenditure incurred in the enforcement of the provisions of this section may be recovered from the person offending.
43. Erection and use of temporary building to be approved • by Building OtTteer.
(1) No building shall be erected for a temporary purpose without the sanction of the Building Officer,
(2) If any building erected for a temporary purpose· is not used strictly for such purpose and in accordance with sanction granted under the provisions of sub rule. (1) or is erected . without the sanction of the Building Officer~ the building may be demolished by the Building Officer at the expenses of the owner thereof, whether he is prosecuted under these rules or not.
44. Power to regulate line of buildings-
(1) If any part of a building projects beyond the regular .line of a public street, either as existing or as determined for the future or beyond the front of immediately adjoining buildings the Agency may- 222 (201)
(a) if the projecting part i~ a verandah, step or some other structure external to the main building, then at any time, or
(b) if the projecting part is not such external structure as aforesaid, then whenever the greater portion of such building or when ever any material portion of such projecting part has been taken down or burned down or has fallen down; .
Require by notice either that the part· of some portion of the part projecting beyond the regular line or beyond the front of the immediate adjoining building, shall be removed, • or that such building when being rebuilt shall be set •back to or towards the said line or front; and the portion of land added to the street by such setting back or removal shall henceforth be deemed to be part of the public street and shall vest in the Agency.
Provided that the Agency shall make reasonable compensation to the owner for any danger or loss he may sustain in consequence of his building or any part thereof being set back.
(2) The Agency may, on such terms as it thinks fit, allow any building to be set forward for the improvement of the line of the street.