Bare ActsThe Daman and Diu Municipalities Regulation 1994

Section 184

tjotice of construction of building

Amendment status not verified — confirm the current text below against the official source.

tjotice of construction of building.--- (1) The exprenion "to construct a building* throughout this Chapter includes --- (a) any material alteration, enlargesent or reconstuction of any building, or of any wall including .compound -wall and fencing. verandah, fixed platform, plinth, door step or the like; whether constituting part of a building or not; i; .,,. ., . .. . tb) the converaion into a place for human habitation of any builqing not originally constructed for human habitation; (c) the conversion into more than one place for human habitation of any place originally constructed as one such place; . , , , !a) the conversion of two or more places of human habitation into a greater number -of . , . . such places; . ' , "~ . ~ ' - (e), such alterations of the. internal ' .' arr&ngements of a building, as : affect its . drainage, , ventilation or other sanitary :arrangements, or its secprity or htability; and . . . + - .'., ( f ) the addition of any rooms, buildings, or other structures to any huildinga, and a building so altered, enlarged, reconstructed, converted or added to, is throughout this Chapter included under the expression "a new building". ( 2 ) Before beginning to construct any buidling, the person intending so to construct shall give to the Chief Officer notice thereof in writing and shall "<furnish to him at the same time, -.if required by a '-:bye-law or by a.specia1 order to do so, a plan Yfshowing 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 all information required by the bye-laws or demanded by the Chief offficer regarding the limits, designed ventilation and materials of the proposed building and the intended situation and construction of the drains, privies, water-closets, house-gullies andcess-pools, if any, to be used in connection therewith and the-location of the building : with reference to any existing or projected streets. ..the means of access to such building and the purpose .for which the building will be used : i; Provided that, if the bye-laws of the Council so require, such notice shall be in such form as the Council may from time to time prescribe and such %:plans shall be signed by a person possessing the ,;::qualifications laid down in the bye-laws or licensed nbundel the bye-laws so to sign such plans. - L s (3) If the person giving notice under sub- section ( 2 ) fails to -- (i) furnish all the information and documents required under subysection ( 2 ) ; or (ii) the Chief Officer deems it nehessary to call for any further information or documents, the Chief Officer shall, within sixty days of the receipt of the notice, require such person by an order in writigg to furnish such information or documents. .,.. .. .. ( 4 ) Within sixty days of the receipt by the chlef Officer of .the notice under sub-section ( 2 ) , or i f any further, information and documents have been rscalled for under sub-.section (3) then within sixty :Ydays of the receipt of all such further information and documents, the Chief Officer may --- ~. , , . ,:~:'..3$&r;~, (a) grant the necessary permission to 6 aonstruct according to the plans and .k:?:,~%J-&nformation furnished under sub-section ( 2 ) and ziidd .3~s~ub-section ( 3) ; -;o zt:T ,....: + uy* : ?I, J it*L.c;;i$; ,:*~$q+, ::; < a.p.7j&:~j~~+ $ 7 I . . b ' l i j::t.~~S%ncr. 0 3 c;::-njpii . 4 - 3 o f ~ F ; i f , * L <>.. , .- . .? A : s . ~ E .*.tr;rx.ierrorj rj i :>a pril&irr+nl. cnszeq $ 8 3 f .:&:c,::. 23,><:: ,;;> ..J . X W L 2h-735:: .:*2.j.::k,fl ~ ~ > ~ ~ ~ f > ::>ifi? $J? (b) impose any conditions in accordance with this Regulation or the rules and bye-laws made thereunder,as to the level, drainage, sanitation, materials or to the number of storeys to be erected, or withh reference to the location of the building in relation to any street existing or projected or to the means of access to such building on the purpose for which the building is to be used; ( c ) direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building or street have been decided to his satisfaction; ( d ) subject to the provisions of the next suceeding section, refuse such permission for reasons which shall be communicated to the applicant in writing. (5) The Council may, before any work has been commenced in pursuance of any permission granted by the Chief Officer under sub-section ( 4 ) . revoke such permission and may give fresh permission in lieu thereof or issue any other order as may be passed by the Chief Officer under sub-section ( 4 ) . (6) If the Chief Officer fails to issue an order under clause (c) pr ( d ) of sub-section (4) wlthin the period prescribed in that sub-section, the person giving notice under sub-sectioh (2) shall, after the expiry of the said period, be entitled to proceed with the work in respect of which such notice has been gzven under sub-section ( 2 ) , in the manner specified in such notice, provided that such manner is not inconsistent with any provision of this ' Regulation or any rule or bye-law for the time being in force thereunder. ( 7 ) No person who becomes entitled under sub- section (4), (5) or ( 6 ) to proceed with any intended work of which notice is required by sub-section ( 2 ) , shall commence such work after the expiryy of the period of one year from the date on which he first became entitled so to proceed therewith. unless he shall haje again become so entitlled by a fresh compliance with the provisions of sub-sections (2) to (6). (8) If any person begins any construction of a uilding of which notice is requjred to be given nder sub-section ( 2 ) --- %. . I , , I _ -. - - 4 i j without- the permission of ' the Chief - Officer under ,sub-section ( 4 ) or of the - Council under sub-section ( 5 1 , - save as - otherwise provided under sub-section ( 6 ) ; or -J c . , i a L. lii) having received perrniaeion under qt.= 3 3-i,2 clause (a

Section 184 – The Daman and Diu Municipalities Regulation 1994 | DailyLaw.ai