Section 155 in The Gujarat Municipalities Act, 1963
155. Notice of new buildings.
(1)Before beginning to construct any building or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the executive committee is empowered by section 151 to enforce a removal or set back, or to construct or reconstruct which the Chief Officer is empowered by section 150 to give permission, the person intending so to construct, alter, add or reconstruct shall give to the Chief Officer notice thereof in writing and shall furnish to him at the same time, if required by a by-law or by special order of the State Government to do so, a plan certified by a qualified person recognised by the municipality for the purpose and showing the levels, at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known to the Chief Officer, and shall information required by the bye-laws or demanded by the Chief Officer regarding the limits, design, ventilation and materials of the proposed building, and the intended situation and construction of the drains, sewers, privies, water-closets, and cesspools, if any, to be used in connection therewith, and the location of the building with reference to any existing or projected streets, and the purpose for which the building will be used.(2)Power of Chief Officer to pass order. - Save as otherwise provided in this Act or the rules and by-laws thereunder, the Chief Officer may either give permission to construct, alter, add or reconstruct, according to the plan and information furnished or may impose in writing conditions, in accordance with this Act and the rules and by-laws made thereunder, as to level, drainage, sanitation, materials or to the dimensions and cubical contents of rooms, doors, windows and apertures for ventilation or to the number of storeys to be erected, or with reference to the location of the building in relation to any street existing or projected or the purpose for which building is to be used, or may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to his satisfaction or may for reasons recorded in writing reject the notice given under subsection (1).(3)The municipality may, before any work has been commenced in pursuance of any permission granted by the Chief Officer under sub-section (2), revoke such permission and may give fresh permission in lieu thereof on such conditions, in accordance with this Act and the rules and by-laws made thereunder, with reference to the matter mentioned in the said sub-section, as it thinks proper, and may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to its satisfaction.(4)Power to suspend the work or require further particulars. - Before issuing any orders under sub-section (2), the Chief Officer may-within one month from the receipt of such notice, either issue-(a)a provisional order directing that for a period, which shall not be longer than one month from the date of such order, the intended work shall not be proceeded with, or(b)may demand further particulars.(5)Right to proceed in certain cases. - A work proposed in a notice given under subsection (1) may be proceeded within the manner specified in such notice, provided such manner is not inconsistent with any provision of this Act or of any by-law for the time being in force thereunder in the following cases, namely:-(a)in case the Chief Officer within one month from the receipt of the notice given under sub-section (1) has neither-(i)passed orders under sub-section (2) and served notice thereof in respect of the intended work; nor(ii)issued under sub-section (4) any provisional order or any demand for further particulars;(b)in case the Chief Officer having issued such demand for and having received such further particulars, has issued no further orders within one month from the receipt of such particulars.(6)Commencement of work. - No person who becomes entitled under sub-section (2) or (5) to proceed with any intended work of which notice is required by sub-section (1) shall commence such work after the expiry of the period of one year from the date on which he first became entitled so to proceed therewith, unless he shall have again become so entitled by a fresh compliance with the provisions of sub-sections (1) or (5). And no person to whom permission to erect or alter or add to any building has been granted by the municipality under section 96 of the Bombay District Municipal Act, 1901 (Bombay Ill of 1901), or of that Act as adapted and applied to the Saurashtra area or under section 123 of the Bombay Municipal Boroughs Act, 1925 (Bombay XVIII of 1925), or of that Act as adapted and applied to the Saurashtra area or that Act as extended to the Kutch area shall be entitled to commence such work after the expiry of one year from the date on which this Act comes into force.(7)Whoever begins any construction, alteration, addition or reconstruction without giving the notice required by sub-section (1) or without furnishing any plan, in formation or particulars required by or under this section, or except as provided in sub-section (5), without awaiting or in any manner contrary to such legal orders of the Chief Officer as may be issued under this section or contrary to the provisions of this Act or of any by-law in force thereunder, shall be punished with fine which may extend to an amount to fifty percent of the cost of the construction, alteration, addition or reconstruction, as the case may be, or one thousand rupees, whichever is greater and in the case of a continuing contravention of any of the aforesaid provisions, he shall be liable to an additional fine which may extend to an amount upto one percent of the cost or ten rupees, whichever is greater, for each day during which such contravention continues after conviction for the first such contravention; and the Chief Officer may-(a)direct that the construction, alteration, addition or reconstruction be stopped, and(b)upon a conviction being obtained under sub-section (7), by written notice require such construction, alteration, addition or reconstruction to be altered or demolished in accordance with the provisions of such notice.(8)The Chief Officer may at any time inspect any work of which notice is required by sub-section (1) without giving notice of his intention to do so; and at any time during the execution of any such work as aforesaid, may, by written notice, specify, any matter in respect of which the execution of such work is in contravention of any provision of this Act or of any by-law made under this Act at the time in force or of any order passed under this section; and require the person executing such work to cause anything done contrary to any such provision or bye-law or order he is required to do but which has been omitted.Explanation: - The expression "to construct a building" throughout this Chapter includes-(a)any material alteration, enlargement or reconstruction of any building, or of any wall including compound wall and fencing, verandah, fixed platform form, plinth, doorstep or the like, whether constituting part of a building or not,(b)the conversion into a place for human habitation of any building not originally constructed for human habitation.(c)the conversion into more than one place for human habitation of a building originally constructed as one such place,(d)the conversion of two or more places of human habitation into a greater number of such places,(e)such alterations of the internal arrangements of a building, as affect its drainage, ventilation or other sanitary arrangement, or its security or stability, and(f)the addition of any rooms, buildings, or other structures to any building and a building so altered, enlarged, reconstructed, converted or added to, is throughout this Chapter included under the expression "a new building".
