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[Cites 0, Cited by 1] [Section 194] [Entire Act]

State of Rajasthan - Subsection

Section 194(7) in Rajasthan Municipalities Act, 2009

(7)
(a)No person shall commence any type of construction without written permission of the Municipality, and the Municipality shall decide his application within the period of two months from the date of receipt of application complete in all respect;
(b)If the decision is not conveyed to the applicant within the period of two months, he shall, before commencing the construction, give clear one month's notice to the Municipality asking to take decision on his application within that period;
(c)If the Municipality still fails to dispose of the application or to inform the person, of the action which is being taken in the matter, the applicant may commence the construction taking it to be deemed permission of the Municipality, but he shall not violate any provisions of this Act, rules or bye-laws made thereunder;
(d)A written permission shall not be required where a person has submitted a n application under sub-Section (1) on an area less than 250 square meters the proposal is for construction of an individual single residential unit up to first floor, and the total height of the building is not more than ten meters from the road level, including the thickness of the roof and any other structure. However, this provision shall not be applicable in any walled city area where separate bye-laws are in existence or in any area which has been declared as an heritage area under any law for the time being in force;
(e)The Chief Municipal Officer or any other person authorized by him or Chairman of the Committee authorized to exercise the powers to accord permission shall have power of inspection of site or building and to take measurement at any time for the purpose of deciding the application or to ensure that the work is being carried on according to the sanctioned plan. The Chief Municipal Officer shall issue notice to the person violating the sanctioned plan and the conditions imposed therein while erecting or re-erecting the building and it shall be lawful for him to ask such person to remove or dismantle such construction or any construction which may be in violation of the sanctioned plan. It shall also be lawful for the Chief Municipal Officer to direct the person concerned to stop construction where the construction is going on without permission;
(f)It shall be lawful for the Chief Municipal Officer or any other officer authorized by him in this behalf to seize and take in his possession the whole premises of part thereof and to prohibit the use of such premises for a period specified by him in the notice, for enforcing the provisions of this Section.