(1)For each municipal area, there shall be constituted by the Municipality, a Municipal Building Committee.(2)The Municipal Building Committee shall consist of the following elected members, namely :-(i)in the case of Municipal Corporation, seven elected councillors to be elected by the Municipal Corporation;(ii)in the case of a Class 'A' Municipal Council, five elected members to be elected by the Municipal Council; and(iii)in the case of a Class 'B' or Class 'C' Municipal Council or a Nagar Panchayat as the case may be, three elected members to be elected by the Class 'A' or Class 'B' Municipal Council or the Nagar Panchayat, as the case may be.(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;(iv)the Municipal Architect; and(v)the Municipal Fire Officer :Provided that where in a Municipality there is no Municipal Engineer or 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 constitution 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 the 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 atleast once in every fifteen days.(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 401, other than a residential building up to three storeys or with a height of twelve metres, whichever is higher, on a plot of five hundred square metres 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)the functioning of the microwave system for telecommunication purposes; and(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.
