THE NEW DELHI MUNICIPAL COUNCIL ACT, 1994

CHAPTER - XIV

BUILDING REGULATIONS

General superintendence, etc., of the Central Government.
235.

Notwithstanding anything contained in any other provision of the Act. The chairperson shall exercise his powers and discharge his functions under this Chapter, under the general superintendence, direction and control of the Central Government.

NOTES ON CLAUSES

This clause provides that the Chairperson shall exercise his powers and discharge functions under Chapter XIV under the general superintendence, etc., of the Central Government.

Definition.
236.

In this Chapter, unless the context otherwise requires, the expression "to erect a building" means-
(a)

carry out a survey of the existing consumption of and demand for water supplies in New Delhi and of the water resources in or likely to be made available in New Delhi;

(b)

prepare an estimate of the future water supply requirements of New Delhi
i)

any building of which more than one half of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed; or
ii)

any building of which more than one-half of the superficial area of the external walls above the level of the plinth has been pulled down; or
iii)

any frame building of which more than-half of the number of the columns or breams in the external walls have been pulled down;
(c)

to convert into a dwelling house any building or any part of a building not originally constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose;

(d)

to convert into more than one dwelling house a building originally constructed as one dwelling house only:

(e)

to convert into a place of religious worship or into a sacred building any place or building not originally constructed for such purpose;

(f)

to roof or cover an open space between walls or buildings to the extent of the structure which is formed by the roofing or covering of such space;
(g)

to convert two or more tenements in a building into a greater or lesser number;
(h)

to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not originally constructed for use a such or which was not so used before the change;
(i)

to convert a building which when originally constructed was legally exempt from the operations of any building regulations contained in this Act or in any bye-laws made thereunder or in any other law, into a building which had it been originally erected in its converted form, would have been subject to such building regulations;
(j)

to convert into or use as a dwelling house any building which has been discontinued as or appropriated for any purpose other than, a dwelling house

NOTES ON CLAUSES
This clause defines certain words and expressions used in Chapter XIV.

Prohibition of building without sanction.
237.
(1)

No person shall erect or commence to erect any building or execute any or the works specified in section 239 except with the provisions sanction of the Chairperson not otherwise than in accordance with the previous of this Chapter and of the bye-laws made under this Act in relation to the erection of buildings or execution of works

(2)

In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass leaves, mats or other inflammable materials except with the written permission of the Chairperson, nor shall any such roof, verandah pandal, wall, shed or fence constructed or reconstructed in any year be retained in a subsequent year except with fresh permission obtained in this behalf.


NOTES ON CLAUSES
This clause prohibits erection of buildings etc., without previous sanction of the Council or in violation of the provisions of Chapter XIV and the relevant bye-laws made under the Act.

Erection of building.
238.
(1)

Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Chairperson in such form and containing such information as may be prescribed by bye-laws made in this behalf.
(2)

Every such notice shall be accompanied by such documents and plans as may be so prescribed.

NOTES ON CLAUSES
This clause lays down that a person intending to erect buildings shall seek sanction by making application and giving notice in prescribed form to the Chairperson .

Applications for additions to, or repairs of, buildings.
239.
(1)

Every person who intends to execute any of the following works, that is to say

(a)

To make any addition to a building:

(b)

To make any alteration or repairs to a building involving the removal or re-erection of any external or partly wall thereof or of any wall which supports the roof thereof to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial metres;

(c)

To make any alteration or repairs to a frame building involving the removal or re-erection of more than one-half of the columns or posts in any such wall thereof as aforesaid; or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial metres;

(d) To make any alteration in a building involving -
i)

The sub-division of any room in such building so as to convert the same into two or more separate rooms; or

ii)

The conversion of any passage or passage or space in such building into a room or room;

(e)

To repair, remove, construct, reconstruct or make any addition to or structural alteration in any portion of a building abutting on a street which stands within the regular line of such street;
(f) To close permanently any door or window in an external wall;
(g) To remove or reconstruct the principal staircase or to alter its position; shall apply for sanction by giving notice in writing of his intention to the Chairperson in such form and containing such information as may be prescribed by bye-laws made in this behalf.

(2)

Every such notice shall be accompanied by such documents and plans as may be so prescribed.


NOTES ON CLAUSES
This clause provides for seeking sanction of Chairperson to make addition, alteration or repair to a building and to furnish the requisite information along with the application.

Conditions of valid notice.
240.
(1)

A person giving the notice required by section 238 shall specify the purpose for which it is intended to use the building to which such notice relates; and a person giving the notice required by section 239, shall specify whether the purpose for which the building is being used is proposed or likely to be changed by the execution of the proposed work.
NOTES ON CLAUSES
This clause lays down that a person intending to erect buildings shall seek sanction by making application and giving notice in prescribed form to the Chairperson .

Sanction or refusal of building or work.
241.
(1)

The Chairperson shall sanction the reaction of a building or the execution of a work unless such building or work would contravene any of the provisions of subsection (2) of this section or the provisions of section 245.

(2)

The grounds on which the sanction of a building or work may be refused shall be the following, namely: -

 
(a)

that the building or work or the use of the site for the building or work or any of the particulars comprised ion the site plan, ground plan, elevation, section or specification would contravene the provisions of any bye-law made in this behalf or of any other law or rule, bye-law ore order made under such other law
(b)

that the notice for section does not contains the particulars or is not prepared in the manner required under the bye-law made in this behalf;

(c)

that any information or documents required by the Chairperson under this Act or any bye-laws made thereunder has or have not been duly furnished;

(d)

that in case3s falling under section 216, lay-out plans have not been sanctioned in accordance with section 217;

(e)

that the buuilding or work would be an encroachment on Central Government or Government land or land vested in the Council;

(f)

that the site of the building or work does not about on a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site;

(g)

that the land on which it is proposed to erect or re-erect such building is vested in the Central Government or Government or in the Council, and the consent of the Government concerned or, as the case may be, of the Council has not been obtained, or if the title of the land is in dispute between such person, and the Council or any Government, or for any other reason to be communicated in writing to the person, which is deemed to be just and sufficient as effecting such building.

(3)

The Chairperson shall communicate the sanction to the person who has given the notice; and where he refuse sanction any or the grounds specified in sub-section (2) or under section 245 he shall record a brief statement of his reasons for such refusal and the Chairperson shall communicate the refusal along with the reasons therefore to the person who has given the notice.

(4)

the sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws made in this behalf.


NOTES ON CLAUSES
This clause provides for the sanction or refusal of building or work and conveying the grounds on which the sanctions of a building or work may be refused.

When building or work may be proceeded with.
242.
(1)

Where within a per period of sixty days or in cases falling under clause (b) of section 236 within a period of thirty days, after the receipt of any notice under section 238 or section 239 or of the further information, if any, required under section 240, the Chairperson does not refuse to sanction the building or work or upon refusal, does not communicate the refusal to the person who has given the notice, the Chairperson shall communicate the refusal to the person who has given the notice, the Chairperson shall be deemed to have accorded sanction to the building or work and the person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same: Provided that if it appears to the Chairperson that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Chairperson may withhold sanction of the building or work for such period not exceeding three months as he deems fit and the period of sixty days or as the case may be, the period of thirty days specified in this sub-sanction shall be deemed to commence from the date of the expiry of the period for which the sanction has been withheld

(2)

Where a building or work is sanctioned or is deemed to have been sanctioned by the Chairperson under sub-section (1), the person who has given the notice shall be bound to erect the building or execute the work in accordance with such sanction but not so as to contravene any of the provisions of his Act or any other law or of bye-law made thereunder.

(3)

If the person or anyone lawfully claiming under him does not commence the erection of the building or the execution of the work within one year of the date on which the building or work is sanctioned or is deemed to have been sanctioned, he shall have to give notice under section 238 or, as the case may be, under section 239 for fresh sanction of the building or the work and the provisions of this section shall apply in relation to such notice as they apply 9n relation to the original notice
(4)

Before commencing the erection of a building or execution of a work within the period specified in sub-section (3), the person concerned shall give notice to the Chairperson of the proposed date of the commencement of the erection of the building or the execution of the work Provided that if the commencement does not take place within seven days of the date so notified, the notice shall be deemed not to have been given and a fresh notice shall be necessary in this behalf.


NOTES ON CLAUSES
This clause provides for the sanction or refusal of building or work and conveying the grounds on which the sanctions of a building or work may be refused.

Sanction accorded under misrepresentation.
243.

If at any time after the sanction of any building or work has been accorded, the Chairperson is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 238, 239 and 240 he may by order in writing cancel for reasons to be recorded such sanction and any building or work commenced, erected or done shall be deemed to have been commenced, erected or done without such sanction: Provided that before making any such order the Chairperson shall give reasonable opportunity to the person affected as to why such order should not be made.


NOTES ON CLAUSES
This clause relates top sanction for construction of building and addition or alteration thereto obtained under misrepresentation or fraudulent statement and cancellation of the same.

Buildings at corners of streets.
244.

The Chairperson may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity.

Provisions as to buildings and works on either side of new streets.
245.
(1)

The erection of any building on either side of a new street may be refused by the Chairperson unless and until such new street has been leveled, and wherever in the opinion of the Chairperson practicable, metalled or paved, drained, lighted and laid with a water main to its satisfaction.

(2)

The erection of any such building or the execution of any such work may be refused by the Chairperson if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Chairperson but which has not been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act or any other law for the time being ion force.


NOTES ON CLAUSES
These clauses relate to the buildings at corners of the streets and on either side of new streets.

Period for completion of building or work.
246.

The Chairperson, when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work is to be completed any if the building or work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Chairperson on application made therefore has allowed an extension of that period.


Order of demolition and stoppage of buildings or works in certain cases and appeal.
247.
(1)

where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the sanction referred to in section 241 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this Act or bye-laws made thereunder, the Chairperson may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed, within such period (not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefore has been delivered to that person), as may be, specified in the order of demolition: Provided that no order of demolition shall be made unless the person has been given by means of a notice served in such manner as the Chairperson may think fit, a reasonable opportunity of showing cause why such order shall not be made: Provided further that where the erection or work has not been completed, the Chairperson may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under sub-section (2)

(2)

Any person aggrieved by an order of the Chairperson made under sub-section (1) may prefer an appeal against the order to Appellate tribunal within the period specified in the order for the demolition of the erection or work to which it relates.

(3)

Where an appeal is preferred under sub-section (2) against an order of demolition the Appellate Tribunal may, subject to the provisions of sub-section (3) of section 255 stay the enforcement of that order on such terms, if any, and for such period, as it may think fit: Provided that where the erection of any building or execution of any work has not been complete at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the Appellate Tribunal unless security, sufficient in the opinion of the said Tribunal has been given by the appellant for not proceeding, with such erection or work pending the disposal of the appeal.

(4)

No court shall entertain any suit, application or order proceeding for injunction or other relief against the Chairperson to restrain him from taking any action or making any order in pursuance of the provisions of this section.

(5)

Subject to an order made by the Administrator on appeal under section 256, every order made by the Appellate Tribunal on appeal, the order of demolition made by the Chairperson shall be final and conclusive

(6)

Where no appeal has been preferred against an order of demolition made by the Chairperson under sub-section (1) or where an order of demolition made by the Chairperson under that sub-section has been confirmed on appeal, whether with or without variation, by the Appellate Tribunal and by the Administrator in a case where an appeal has been preferred against the order of the Appellate Tribunal, the person against whom the order has been made shall comply with the order within the period specified therein, or as the case may be, within the period, if any fixed by the Appellate Tribunal or the Administrator on appeal and on the failure of the person to comply with the order within such period, the Chairperson may himself cause the erection or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.


NOTES ON CLAUSES
This clause relates to order of demolition and stoppage of buildings or works in certain cases and appeal.

Order of stoppage of Chairperson to require alteration of work.
248.
(1)

The Chairman may permit the owner, lessee or occupier of any premises to connect the premises by means of supply pipes for conveying to the premises a supply of water for his domestic purposes from the municipal water works subject to the requirements specified in section 159 and the conditions, if any, laid down in the bye-laws made in this behalf.

(2)

The owner of every premises connected with the municipal water works, shall, when so required by the Chairperson, set up electric pumps or other contrivances whereby water may be caused to reach to the top of the top-most story of such premises.
(3)

Any of the things causes to be seized by the Chairperson under sub-section (2) shall be disposed of by him in the manner specified in section 230.
(4)

After the requisition under sub-section (2) has been complied with, the Chairperson may, if he thinks fit, depute by a written order a police officer or a municipal officer or other municipal employee of the Council to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.
(5)

Where a police officer or a municipal officer or other municipal employee has been deputed under sub-section (4) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act.


NOTES ON CLAUSES
This clause relates o order of stoppage of building or works in certain cases.

Power of chairperson to require alteration of work.
249.
(1)

An owner, lessor or occupier of any premises, who desires to have a supply of water for his domestic purposes from the municipal water works, shall comply with the following requirements, namely: -

(a)

he shall give to the Chairperson fourteen days notice of his intention to lay the necessary supply pipe; and

(b)

he shall lay the supply pipe at his own expense, having first obtained, as respects any land not forming part of a street, the consent of the owners or occupiers thereof :

Provided that where any part of the supply pipe is to be laid in a street, he shall not himself break open the street or lay that part of the pipe.

(2)

Upon the receipt of such a notice as is referred to in sub-section (1), the Chairperson shall lay the necessary communication pipe and any part of the supply pipe which is to be laid in street shall connect the communication pipe with the supply pipe.

(3)

The expenses, reasonably incurred by the Chairperson in executing the work which he is required or authorized by this section to execute, shall be repaid to him by the person to whom the notice was given and may be recovered from such person as an arrear of tax under this Act:

Provided that if under the provisions of this section, the Chairperson lays a main in lieu of a supply pipe, the additional cost incurred in laying the main instead of a supply pipe shall be borne by him.

(4)

Notwithstanding anything contained in the foregoing provisions of this section, the Chairperson may, within a reasonable time after the service of the notice upon him, require the person giving the notice either to pay to him, in advance the cost of the work, as estimated by the Chairperson or any officer authorized by in this behalf or to give security for payment thereof to his satisfaction.

(5)

If any payment made to the Chairperson under sub-section (4) exceeds the expenses which the Chairperson would be entitled to recover from the person giving the notice, the excess shall be repaid by him and if and so far as those expenses are not covered by the payment, the Chairperson may recover the balance from such person as an arrear of tax under this Act.


NOTES ON CLAUSES
This clause relates to order of demolition and stoppage of buildings or works in certain cases and appeal.

Power to seal unauthorized constructions.
250.
(1)

It shall be lawful for the Chairperson, at any time, before or after making an order of demolition under section 247 or. of stoppage of the erection of any building or execution of any work under section 247 or under section248, to make an order directing the sealing of such erection or work or of the premises in which such erection or work is being carried on or has been completed in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erection or work.

(2)

Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the Chairperson may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed

(3)

No person shall remove such seal except

a. under an order made by the Chairperson under sub-section (2);
b. under an order of an Appellate Tribunal or the Administrator, made in an appeal under this Act.

NOTES ON CLAUSES
These clauses relate to power of Chairperson to require alteration of work and power to seal unauthorized constructions.

Completion certificates.
251..
(1)

Every person who employes an architect registered with the Council or an architects or an engineer or a person approved by the Chairperson to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Chairperson a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Chairperson all necessary facilities for the inspection of such building or work.

2)

No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Chairperson in this behalf in accordance with bye-laws made under this Act:

Provided that if the chairperson fails within a period of thirty days after the receipt of the notice of completion to communicate4 its refusal to grant such permission, such permission shall be deemed to have been granted.


NOTES ON CLAUSES
This clause relates to completion certificates of building or any addition or alteration thereto.


Restrictions on uses of buildings.
252.

No person shall, without the written permission of the chairperson, or otherwise than in conformity with the conditions, if any, of such permission-

a)

use or permit to be used for human habitation any part of a building not originally erected or authorized to be used for that purpose or not used for that purpose before any alteration has been made therein by any alteration has been made therein by any work executed in accordance with the provisions of this Act and the bye-laws made thereunder;

b) change or allow the change of the use of any land or building;
c) convert or allow the conversion of one kind of tenement into another kind.

NOTES ON CLAUSES
This clause relates to restriction on use of buildings.

Appellate Tribunal.
253.
(1)

The Central Government shall, by notification in the Official Gazette, constitute one or more Appellate Tribunals with headquarters at Delhi or New Delhi, for deciding appeals preferred under section 247 or section 254.

(2)

An Appellate Tribunal shall consist of one person to be appointed by the Central Government on such terms and conditions of service as may be prescribed by rules.

(3)

A person shall not be qualified for appointment as the presiding officer of an Appellate Tribunal unless he is, or has been, a district judge or an additional district judge or has, for at least ten years held a judicial office in India.

(4)

The Central Government may, if it so thinks fit, appoint one or more persons having special knowledge of or experience in, matters involved fin such appeals, to act as assessors shall be binding on the Appellate Tribunal.

(5)

The Central Government shall by notification in the Official Gazette define the territorial limits within which Appellate Tribunal shall exercise its jurisdiction and where different Appellate Tribunal have jurisdiction over the same territorial limits, the Central Government shall also provide for the distribution and allocation of work to be performed by such Tribunals.
(6)

For the purpose of enabling it to discharge its functions under this Act, every Appellate Tribunal shall have a Registrar and such other staff on such terms and conditions of service as may be prescribed by rules:

Provided that the Registrar and staff may be employed jointly for all or any number of such Tribunals in accordance with the rules.


Appeals against certain orders or notices Issued under the Act.
254.
(1)

Any person aggrieved by any of following orders made or notices issued under this Act, may prefer an appeal against such order or notice to the Tribunal, namely:-

(a) an order according or disallowing sanction to a lay-out plan under section 217;
(b) an order directing the alteration or demolition of any street under section 218;
(c) a notice under sub-section (1) of section 219;
(d) a notice under sub-section (2) of section 221;
(e)

an order directing the disposal of things removed under Chapter XIII or seized under section 248, or an order rejecting the claim of any person for the balance of the proceeds of sale of things so disposed of;

(f)

an order sanctioning or refusing to sanction the erection of any building or the execution of any work under section241;

(g) an order withholding sanction under the proviso to sub-section (1) of section 242;
(h) an order canceling a sanction under section 243;
(i)

an order requiring the founding off, splaying or cutting off the height of a building intended to be erected or for the acquisition of any portion of a sites, under section 244;

(j)

an order disallowing the erection of any building or the execution of any work under section 245;
(k) an order requiring the stoppage of any erecting or work under section 248;
(l) an order requiring the alteration of any building or work under section 249;
(m) an order directing the sealing of unauthorized constructions under fsection250;
(n) an order refusing to grant permission under sub-section (2) of section 251;
(o) an order granting or refusing permission under section 252;
(p) any such other order or notice relating to o9r arising out of planned development under the provision of this Act as may be prescribed by rules.
(2)

An appeal under this section shall be filed within thirty days from the date of the order or notice appealed against: Provided that the Appellate Tribunals may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it was within that period.

(3) An appeal to the Appellate Tribunal shall be made in such form and shall be accompanied by a copy of the order or notice appealed against and by such fees as may be prescribed by rules.


Procedure of the Appellate Tribunal.
255.
(1)

The Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order or notice appealed against or may refer the case back to the authority or officer against whose order or notice the appeal is filed, for a fresh order or notice, after taking additional evidence, if necessary, or such other action as the Appellate Tribunal may specify.
(2)

The Appellate Tribunal shall send a copy of every order passed by it to the parties to the appeal.

(3)

No Appellate Tribunal shall, in any appeal pending before it in respect of any order or notice this Act,. Make an interim order (whether by way of injunction or stay) against the Council or against any officer or servant of the Council or its officer to act in his official capacity, unless an opportunity is given to the Council or its officer or servant to be heard in the matter:

Provided that the Appellate Tribunal may without giving an opportunity as aforesaid make an interim order as an exceptional measure if it is satisfied for reasons to be recorded by it in writing that it is necessary so to do for preventing any loss being caused to the person filing the appeal which cannot be adequately compensated in money:

Provided further that every such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of a period, the Appellate Tribunal confirms or modifies that order after giving to the council or its officer or servant an opportunity of being heard.

(4)

Subject to rules that may be made by the Central Government in this behalf the awarding of damages in and the costs of and incidental to, any appeal before the Appellate Tribunal, shall be in its discretion and it shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such damages or costs are to be paid and to give, in its order disposing of an appeal, necessary directions for the purposes aforesaid.
(5)

An order of the Appellate Tribunal made under this section may be executed or caused to be executed by it on the application of the person in whose favour the order has been made.

(6)

In hearing and deciding an appeal or in the execution of an order, an Appellate Tribunal shall follow such procedure as may be prescribed by rules.

(7)

Every Appellate Tribunal, shall in addition to the powers conferred on it under this Act, have the same power as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely: -

a) Summoning and enforcing the attendance of persons and examining them on oath;
b) requiring the discovery and inspection of documents;
c) receiving evidence on affidavits;
d) requisitioning any public record or copies thereof from any court or office;
e) issuing commissions for the examination of witnesses or documents; and
f) any other matter which may be prescribed by rules.

And every proceeding of an Appellate Tribunal in hearing or deciding an appeal or in connection with the execution of its order, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196, of the Indian Penal Code, 1860 (45 of 1860), and every Appellate Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 19673 (2 of 1974).


NOTES ON CLAUSES
These clauses relate to constitution of one or more appellate tribunals by the Central Government for deciding appeals.

Appeal against orders of Appellate Tribunal.
256.
(1)

An appeal shall lie o the Administrator, against an order of the Appellate Tribunal made in an appeal under section 247 or section 245, confirming, modifying or annulling an order made or notice issued under this Act.

(2)

The provisions of sub-sections (2) and (3) of section 254 and section 255 and the rules made thereunder, shall so far as may be, apply to the filing and disposal of an appeal under this section as hey apply to the filing and disposal of an appeal under those sections.

(3)

An order of the Administrator on an appeal under this section, and subject only to such order, an order of he Appellate Tribunal under section 254, and subject to such orders of the Administrator or an Appellate Tribunal, an order or notice referred to in sub-section (1) of that section shall be final.


NOTES ON CLAUSES
This clause relates to appeal against orders of appellate tribunal which shall lie to the Administrator.

Bar of jurisdiction of courts.
257.
(1)

After the commencement of this Act, no court shall entertain any suit, application or other proceedings in respect of any order or notice appealable under section 247 or section 254 and no such order or notice shall be called in question otherwise than by pre3ferring an appeal under those sections.

(2)

Not withstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of this Act, in respect of any order or notice appealable under section 247 or section 254, shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force.


NOTES ON CLAUSES
This clause relates to bar of jurisdiction of courts.

Removal of dangerous buildings.
258.
(1)

If it appears to the Chairperson at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighborhood of such building, the Chairperson may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom.

(2)

The Chairperson may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient hoard or fence of the protection of passers by and other persons, with a convenient platform and hand -rail wherever practicable to serve as a foot-way for passengers outside of such hoard or fence.

(3)

If it appears to the Chairperson that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger.

(4)

If the owner or occupier of the building does not comply with the order within the period specified therein, the Chairperson shall take such steps in relation to the building as to prevent all cause of danger therefrom

(5)

All expenses incurred by the Chairperson in relation to any building under this section shall be recoverable from the owner or occupier thereof as an arrear of tax under this Act.

Power to order building to be vacated in certain circumstances.
259.
(1)

the Chairperson may by order in writing direct that any building which in his opinion is in a dangerous conditions or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 251 be vacated forthwith or within such period as may be specified in the order:

(2)

If any person fails to vacate the building in pursuance of such order the Chairperson may directly any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.

(3)

The Chairperson shall, on the application of any person who has vacated or been removed from any building in pursuance of an order made by him, re-instate such person in the building on the expiry of the period for which the order has been in force according as the circumstances prevailing at that time permit.


NOTES ON CLAUSES
These clauses relate to removal of dangerous building and power to order building to be vacated in certain circumstances.

Power of the central Government to make bye-laws.
260.
(1)

the Central Government may, by notification in the Official Gazette, make bye-laws for carrying out the provisions of this Chapter: Provided that all bye-laws made by the New Delhi Municipal Committee under sub -section 930 of section 188 of the Punjab Municipal Act, 1911, (Punjab Act 3 of 1911) and in force immediately before such commencement, shall be deemed to have been made under the provision of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provision of this section.

(2)

In particular and without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the following matters, namely: -

(a) the regulation or restriction of the use of sites for buildings for different areas;
(b) the regulation or restriction of buildings in different areas:
(c) the form of notice of erection of any building or execution of any work and the fee in respect of the same;
(d)

the plans and documents to be submitted together with such notice and the information and further information to be furnished;
(e) the level and width of foundation, level of lowest floor and stability of structure;
(f) the construction of buildings and the materials to be used in the construction of buildings;
(g) the height of buildings whether absolute or relative to the width of streets or to different areas;
(h)

the number and height of storeys composing a building and the height of rooms and the dimensions of rooms intended for human habitation;
(i) the provision of open spaces external and internal, and adequate means of light and ventilation;
(j) the provision of means of egress 9in case of fire, fire-escapes and water lifting devices;
(k) the provision of secondary means of access for the removal of house refuse;
(l) the materials and methods of construction of external and party walls, roofs and floors;
(m)

the position, materials and methods of construction of hearths, smoke-escapes, chimneys, stair-cases, latrines, drains and cesspools;
(n) the provision of lifts;
(o) the paving of yards;
(p) the restrictions on the use of inflammable materials in buildings;
(q) the restriction on construction of foundation on certain sties;
(r) the measures to be taken to protect building from dump arising from, sub-soil;
(s)

the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings;

(t)

in the case of wells, the dimensions of the well, the manner of enclosing it and; if he well is intended for drinking purposes, the means which shall be used o prevent pollution of the water;
(u) the supervision of buildings;
(v) the setting back of garages and shop from the regular line of a street;
(w) the construction of partable structures and permission for such construction.
(3)

The draft of the bye-laws referred to in sub-section (1) shall be forwarded to the Chairperson who shall cause the same to be published in the Official Gazette for inviting objections and suggestions from the public within thirty days from the date of such publication.

(4)

The Chairperson shall forward the draft bye-laws to the Central Government along with his recommendations and the objections and suggestions received from the public, within three months of their publication in the Official Gazette.

(5)

The Central government may issue such directions to the Chairperson as it thinks fit, for ensuring proper implementation of the bye-laws made under this section.


NOTES ON CLAUSES
This clause relates to the power of the Central Government to make bye-laws with regard to Building Regulations.

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