Section 238A in Rajasthan Municipalities Act, 2009
238A. [ Provision of parking space. [New Section 238A Added vide Rajasthan Municipalities (Amendment) Act, 2010. Published In Rajasthan Gazette Point 4(A), dated 15.09.2010 w.e.f. 15.9.2010.]
(1)In every building constructed in a municipal area after the commencement of the Rajasthan Municipalities (Amendment) Act, 2010 (Act No. 19 of 2010), it shall be compulsory to provide such parking space as may be prescribed by the State Government:Provided that the State Government may, having regard to the area of land and situation and use of building, exempt, by notification in the Official Gazette, any building or class of buildings from the provisions of this Section.(2)The Municipality shall not grant any permission under section 194 unless the person seeking permission makes provision for parking space as prescribed under sub-section (1) in the maps required under that section and undertakes to provide such parking space and furnishes security for the same to the satisfaction of the Municipality.(3)Notwithstanding anything contained in section 194 or any other provision of this Act, every owner of the building, for which provision of parking space is compulsory under the provisions of this section, shall, after completion of such building, obtain a completion certificate in the prescribed manner and no such building shall be occupied unless and until such certificate has been obtained.(4)The officer or authority authorized to issue completion certificate under sub-section (3) shall not issue such certificate unless he is satisfied that parking space as prescribed under sub-section (1) has been provided in the building.(5)Any development of land in a municipal area made or continued in contravention of the provisions of this section shall be deemed to be an unauthorized development for the purposes of this Act.(6)No permanent water connection from any public water supply system shall be permitted in a building, for which provision of parking space is compulsory under the provisions of this section, unless the owner or occupier thereof produces a completion certificate issued under sub-section (3).(7)Any person who contravenes any provision of this section shall, on conviction and without prejudice to any other action that may be taken against him under any other provision of this Act or any other law for the time being in force, be punishable with imprisonment which may extend to seven days or with fine which shall not be less than rupees twenty five thousand but which may extend to rupees one lakh or with both.]
