325. Construction of building in contravention of the provisions of the Act or the Rules made thereunder.
(1)Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being in force, any person, who, being responsible, by himself or by any other person on his behalf, so constructs, or attempts, or conspires, to so construct, any new building or additional floor or floors of any building, in contravention of the provisions of this Act or the Rules made thereunder, and endangers, or is likely to endanger, human life, or any property of the Municipality, whereupon the water-supply, drainage or sewerage or the road traffic is disrupted or is likely to be disrupted or is likely to cause a fire hazard, shall be punishable with imprisonment of either description for a term which may extend to five years and also with fine which may extend to fifty thousand rupees.Explanation. - "Person" shall include an owner, occupier, lessee, mortgagee, consultant, promoter or financer, or a servant or agent of an owner, occupier, lessee, mortgagee, consultant, promoter or financier, who supervises, or causes the construction of, any new building or additional floor or floors of any building as aforesaid.(2)The offence under sub-section (1) shall be cognizable and non-bailable within the meaning of the Code of Criminal Procedure, 1973.(3)Where an offence under sub-section (1) has been committed by a Company, the provisions of Section 438 shall apply to such Company.Explanation. - "Company" shall have the same meaning as in the Explanation to Section 438.
