1. Notwithstanding anything contained in section 333, the Chief Officer of 397 a Municipality or any officer authorized by the Municipality in this a behalf, shall, in addition to any other action, which may be taken under section 333, also have power to seize or attach any property found on the land, premises, street or public place referred to in that section or, as the case may, be attached to or permanently fastened to anything attached to such land, premises, street or public place.
2. Where any property is seized or attached under sub-section (1) by an officer, authorised by the Municipality, he shall immediately make a report of such seizure or attachment to the Chef Officer.
335. Custody, sale or disposal of property seized or attached.
The Chief Officer of a Municipality may make such order, as he may think fit for the proper custody of the property seized or attached under section 334, pending the conclusion of confiscation proceedings and if, the property is subject to speedy and natural decay, of it is otherwise expedient so to do, the Chief Officer may cause such property to be sold or otherwise disposed of.
2. 'Where any property is sold as aforesaid, the sale proceeds thereof after deduction of the expenses incurred in connection with such sale or other incidental expenses relating thereto, shall,-
(a) Where no order of confiscation is passed by the Municipality under section 336; or
(b) Where an order passed in appeal under section 337, so requires;
be paid to the owner thereof or the person from whom it is seized.
336. Confiscation of property seized or attached Where any property is seized on attached under section 334, the Municipality may subject to the provisions of sub-section (2), order confiscation of such property.
2. No order for confiscation of a property under sub-section (1), shall be made unless the owner of such property or the person from whom it is seized or attached is given:
(a) A notice is writing, informing him of the grounds on which it is proposed to confiscate the property;
(b) An opportunity of making a representation in writing, within such reasonable time, as may be specified in the notice against the grounds of confiscation; and 399 Chapter - II Buildings - Procedure
340. General Definitions.
In this Chapter, unless the context otherwise requires the expression,-
1. "to erect a building" means,- a. to erect a new building on any site, whether previously built upon or not,- b. to re-erect i. any building of which more than one half of the cubical contents above the level of plinth have been pulled down, burnt or destroyed; or ii. any frame-bulding of which more than half of the number of posts or beams in the external walls have been pulled down;
or iii. any frame-building of which more than half of the number of post or beams in the external walls have been pulled down;
C. to convert into a dwelling house any building or any part of a building not originally so constructed for human habitation or, of originally so constructed for human habitation, subsequently appropriated for any other purpose;
d. to convert to into more than one dwelling house a building originally constructed as one dwelling house only;
e. to convert into a place of religious worship into a sacred building any place or buildings, not originally constructed for such purpose;
f to roof or cover an open space between walls or buildings to the extent of the structure formed by the roofing or covering of such space;
g. to convert two or more tenements in a building in to a greater or lesser number of such tenements;
h. to convert into a stall, shop, officer, warehouse or go-down, workshop, factory or garage any building not originally constructed for use as such or to convert any building constructed 400 for such purpose, by sub-division or addition, in greater or lesser number of such stalls, shops, ofthjes warehouses or go-downs, workshops, factories or garages;
i. to convert a building which when originally constructed was legally exempt from the operation of any building regulations, or under any rules made under this Act, or contained in any law in force for the time being, into a building which, had it been originally erected in its converted form, would have subject to such building regulations;
j. to convert into or use as a dwelling hose any building, which has been discontinued as or appropriated for any purpose other than a dwelling house;
k. to make any addition to a building; and
1. to remove or reconstruct the principal staircase or to alter its position;
2. "occupancy" or "use group" means the principal occupancy for which a building or a part of a building is used or intended to be used, and the occupancy classification shall unless otherwise spelt out in any development or town Improvement Scheme or Town Planning Scheme under any law in force for the time being, include, a. residential building, that is to say, building in which sleeping accommodation is provided for normal residential purposes with or without cooking facility or dining facility or both and such building shall include one or two or multi-family dwelling, lodging or rooming, houses, hostels, dormitories, apartments, houses and flats and private garages,- b. educational buildings, that is to say any, buildings used for school, college or daycare purposes involving assembly for instruction, education or recreation incidental to educational building;
C. institutional buildings, that is to say, any building or part thereof ordinarily providing sleeping accommodation for occupants and used for the purposes of medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity, care of infants convalescents or aged persons and for penal or correctional detention in which the liberty or the inmates is restricted and such buildings shall, include hospitals, clinic, dispensaries, Sanatoria, custodial institutions and penal institutions likejails, prisons, mental hospitals and refoi matters;
401 d. assembly buildings, that is to say, any buildings or part thereof where groups of people congregate or gather for amusement or recreation or for social, religious, patriotic, civil, travel, sports and similar other purposes and such buildings shall, include theatres, motion picture houses, drive-in-theatres, city halls, town halls, auditoria, exhibition halls, museums, skating rinks, gymnasia, restaurants, eating houses, hotels, boarding houses, places of worship dance halls, club rooms, gymkhanas, passenger stations and terminals of air, surface and other public transportation service, recreation piers, and stadia;
e. business buildings, that is to say, any buildings or part thereof used for transaction of business or for the keeping of accounts and records or for similar purposes and such buildings shall, include, offices, banks, professional establishments court houses, and libraries for the principal function of transaction of public business and keeping of books and records and shall also include office buildings (premises) solely or principally as an office or for office purpose;
f. mercantile buildings, that is to say, any buildings or part thereof used as shops, stores or markets for display or sale or merchandise, either wholesale or retail, or for office, storage or service facilities incidental to the sale of merchandise and located in the same building and such building shall include establishments wholly or partly engaged in wholesale trade, manufactures wholesale outlets (including related storage facilities), warehouses, and establishments engaged in truck transport (including truck transport booking agencies);
g. industrial buildings, that is to say, any building or structure or part thereof in which products or materials of all kinds and properties are fabricated, assembled or processed as in assembly plants and such buildings shall include laboratories, power plants, smoke houses, refineries, gas plants, mills dairies, factories, workshops, automobile repair garages and printing presses;
h. storage buildings, that is to say, any buildings, or part thereof used primarily for the storage or sheltering of goods, wares or merchandise as in warehouse and such buildings, shall, include cold storage, fl-eight depots, transit sheds, store houses, public garages, hangers, truck terminals, grain elevators, barns and stables; and
1. hazardous buildings, that is to say, any buildings or part thereof 402 used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products, which are lible to burn with extreme rapidity or which may produce poisonous fumes or explosions or which involve highly corrosive, toxic or noxious alkalis, acids, or other liquids or chemicals producing flames, fumes, explosives or mixtures of dust or which result in the division of matter into fine particles subject to spontaneous ignition;
3. "alteration" means the change from one occupancy to another, or the structural change, such as the addition to any area or height, or the removal of a part of buildings, or the change to the structure, such as the construction or cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or the change to or closing of any required means of ingress or egress, or the change to any fixture or equipment; and
4. "Plan" means a plan prepared by a Surveyor, or a draftsman, or an Engineer holding a degree of Bachelor or Engineering, or and Architect registered under the Architects Act, 1972 (Act 20 of 1972)
Explanation:- For the purpose of classification of a building according to occupancy under clause (2),- a. an occupancy shall be deemed to include subsidiary occupancies, which are contingent upon it; and b. buildings with mixed occupancies shall mean those buildings in which more than one occupancy are present in different portions thereof.
34 1. Municipal Building Committee.-
1. For each municipal area, there shall be constituted by the Municipality, a Municipal Building Committee.
2. The Municipal Building Committee shall consist of three members of Municipal Council or Town Council.
3. In addition to the members elected under sub-clause (2), the Municipal Building Committee shall consist of the following members, namely i. the Chief Officer of the Municipality, who shall be the Member Secretary ii. the Municipal Engineer.
iii. the Municipal Town Planner;
403 iv. the Municipal Architect; and V. the Municipal Fire Officer;
Provided that where in a Municipality there is no Municipal Engineer of Municipal Town Planner or Municipal Architect or Municipal Fire Officer, any other officer, discharging the duties of Municipal Engineer or Municipal Town Planner or Municipal Architect or Municipal Fire Officer, as the case may be, shall be the member of the Municipal Building Committee:
4. The term of the Municipal Building Committee shall be one year from the date of its constatation and the new Municipal Building Committee shall be constituted before the expiry of the term of the existing Municipal Building Committee:
Provided that an elected member shall not be eligible for election of member of the Municipal Building Committee for more than two terms:
Provided further that the existing Municipal Building Committee shall continue to function till new Municipal Building Committee is constituted.
5. The Chairman of the Municipal Building committee shall be elected by its elected members from amongst themselves and he shall be eligible for re-election for one more term.
6. The Municipal building Committee may, while dealing with any case regarding any educational building, or institutional building, or assembly building, or industrial building, or hazardous building, co-opt one person, having specialized knowledge and experience in the matter.
7. The Municipal Building Committee shall meet at least once in a month.
8. The Municipal Building Committee shall scrutinize every application for erection or re-erection of a building for which notice has been received under section 343, other than a residential building up to three storeys or with a height of twelve metres, whichever is higher, on a plot office hundred square metes or less and make its recommendations:
Provided that in respect of any building or execution of any work, is such building or work, as the case may be, affects or is likely to affect,.- a.
ffect,.- a. the functioning or the microwave system for telecommunication purposes, and 404 b. any functions for the purpose of civil aviation, the Municipal Building Committee shall, if so considered necessary, refer such case to the concerned Department of the Government or authority for their opinion before finalizing the recommendations.
9. The Chief Officer of the Municipality shall, act in accordance with the recommendations of the Municipal Building Committee.
10. The manner of conducting the business of the Municipal Building Committee and the procedure to be followed by it shall be such, as may be prescribed.