Section 194(10) in Rajasthan Municipalities Act, 2009
(10)(a)if a person commences, continues or completes any kind of erection or re-erection or makes any material alteration in a building or part thereof, or erects or re-erects any projecting portion of a building in respect of which the Municipality is empowered under Section 192 to enforce a removal of the projecting part or restoration to regular line of set back, or engages himself in the construction or enlargement of a well or boring, without submitting an application under sub-Section (1), he shall, on conviction by a competent Court, be punished with simple imprisonment which shall not be less than one month but which may extend to three months or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees or with both;(b)If a person commences or continues or completes erection or re-erection or makes any material alteration in a building or part thereof in contravention of the sanctioned plan or violating norms, conditions, restrictions imposed upon him, he shall, on conviction by a competent Court, be punished with simple imprisonment which shall not be less than fifteen days but which may extend to forty five days or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both;(c)If any person who has submitted an application under sub-Section (1) and has availed the facility provided under clause (d) of sub-Section (7), contravenes the conditions, restrictions and norms prescribed for such construction shall, on conviction by a competent Court, be punished with simple imprisonment which shall not be less than fifteen days but which may extend to forty five days or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both;(d)If it is found that the map signed and authenticated by the architect or engineer is inconsistent with the provisions of this Section or the rules, bye-laws of orders made under this Act, such architect or engineer shall be blacklisted and his registration shall be cancelled by the Municipality and he shall, on conviction by a competent Court, be punished with simple imprisonment which shall not be less than one month but which may extend to two months or with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees or, with both in each case;(e)If it is found that any person has submitted fabricated or fake or false documents or has made wrong and false statement or has concealed the material facts in affidavit for obtaining Municipality's permission, he shall be liable to be prosecuted for fabrication, fraud and concealment under the relevant laws. It shall be the responsibility of the Chief Municipal Officer to initiate criminal proceedings against such person or persons including official, if any, of the Municipality involved in the said act, without delay;(f)The officer or authority empowered for the operation of this Section or official keeping record for this purpose shall be personally responsible if the period fixed for disposal of application received under sub-Section (1) and in case of any notice received under clause (b) of sub-Section (4) is wilfully ignored. The person or persons responsible for such ignorance shall, on conviction by a competent Court, be punished with simple imprisonment for one month or with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees or with both;(g)An employee of the Municipality, who has been assigned duties for a particular area and made responsible for reporting the matter of violation of the provisions of this Section, shall ensure that such violations are reported properly without delay and the same are entered in the register kept for the purpose and take necessary action to stop unauthorized construction and if it is proved that he wilfully or knowingly ignored to stop such unauthorized construction and to make report, he shall be punished according to the provisions of sub-Section (18) of Section 245;(h)The Municipality shall have power to stop any work commenced without permission, or violating the norms of sanctioned map or without submitting an application;(i)In addition to the prosecution of defaulter, the Municipality shall have power to demolish whole or part of the construction which has come up without permission or violating the permission, or where permission was sought by fraud etc. as mentioned in this Section.
