Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in this Act, if any person or institution unlawfully, developed any land or 15A[constructed, reconstructed or carried out additions to any building] on or before 15B[7th November, 2019], 15C[a committee consisting of the District Town Planner, Regional Joint Director and the Secretary of the Local Self Government Institution concerned] may after consultation with the concerned Municipality on realisation of a compounding fee as prescribed, regularise such land development or 15D[building construction or additions or reconstruction]: Provided that such regularisation shall not adversely affect any Town Planning scheme or master plan approved under the existing provisions of the Town Planning Act: Provided further that no 15E[building construction or additions or reconstruction] shall be regularised, which is done in contravention of the provisions in respect of the Security arrangements provided in this Act, or the Building Rules made thereunder. (2) Application for regularisation under sub-section (1) shall be submitted within such time and in such manner as prescribed. Explanation. - For the purpose of this Act, unlawful construction means any construction 15F[or building construction or additions or reconstruction] for which the Secretary shall have no power to regularise under Section 406 of this Act or any construction or re-construction 15F[or additions] done in contravention of the provision of this Act or the Building Rules made thereunder or in contravention of any approved plan or any construction 15F[or building construction or additions or reconstruction] done in deviation of any exemption order sanctioned by the Government or any condition specified therein.] Section 407 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under: "407. Power to compound offences.- (1) Notwithstanding anything contained in this Act, the Government may, subject to such conditions as may be specified, and rules as may be prescribed, accept a sum of money as compounding fee as may be fixed by them, from the person who has unlawfully constructed or reconstructed or altered any building or dug a well without obtaining the permission of the competent authority on or before the 30th day of May, 1994: Provided an application to that effect is made within *[eighteen months] from the date of commencement of this Act. (2) On the payment of such money, the person who unlawfully constructed or reconstructed or altered the building or dug a well shall be absolved of the liabilities and the unlawful construction, reconstruction, alteration or digging, as the case may be, shall be regularised: Provided that the regularisation shall be confined to the violation of the provisions of this Chapter and the building rules alone and that it shall not adversely affect any master plan, detailed town planning scheme, road widening scheme or any other scheme sanctioned by or under any law for the time being in force: Provided further that the regularisation shall not absolve any officer who failed to take timely action against such unauthorised construction, reconstruction, alteration or digging from being proceeded against by way of disciplinary proceedings for such failure and in addition to the disciplinary action, **[an amount equal to] the whole or part of the compounding fee **[levied under this section] shall be realised from the officer or officers by whose failure such unauthorised construction, reconstruction, alteration or digging, as the case may be, was carried out. Explanation:- For the purpose of this section an unauthorised construction means any construction which may carried out without obtaining licence from the competent authority or any construction carried out deviating from the approved plan or conditions laid down in the permission or licence granted or any order of exemption granted by the Government." * Substituted by Act 8 of 1995. ** Inserted by Act 8 of 1995. Substituted for "constructed any building" by Act 24 of 2018, w.e.f. 16/12/2017. Substituted by ACT 19 OF 2023 published in K.G.Ext. No.1328, dt. 12/04/2023 (w.e.f. 12/04/2023).Prior to the Substitution it read as "31st July, 2017" Substituted for "the Government" by Act 24 of 2018, w.e.f. 16/12/2017. Substituted for "building construction" by Act 24 of 2018, w.e.f. 16/12/2017. Substituted for "building construction" by Act 24 of 2018, w.e.f. 16/12/2017. Inserted by Act 24 of 2018, w.e.f. 16/12/2017.