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THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
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Building Regulations
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257. Definitions. - In
this chapter unless the context otherwise requires, the expression
"to erect a building" means -
(a) to erect a new building on any site whether previously built upon
or not;
{b) to re-erect -
{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 posts or beams in the external walls havebeen 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 sacred buildings
any Place or building not originally constructed for such purpose;
{f) to roof or cover an open space between walls or building to the
extent of the structure which is formed by the roofing or covering
of such · space;
(g) to convert two or more tenants in a building Into a greater or
lesser number;
(h) to convert Into a stall, shop, warehouse or go-down, stable, factory
or garage any building not originally constructed for use as such
or which was not so used before the change;
(i) to convert a building which when originally constructed was legally
exempt for the operation of any building regulations contained in
the Act, or in any bye-laws made thereunder or in any other law, into
a building which had it been originally erected into 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.
258. Prohibition of building Without sanction..
No person shall erect or commence to erect any building, or execute
any of the works specified in section 260 except with the previous
sanction of the Commissioner, nor otherwise than in accordance with
the provisions of this Chapter and of the bye-laws made under this
Act in relation to the erection of buildings or execution of works.
259. Erection of building.. (1)
Every person who intends to erect a building shall apply for sanction
by giving notice in writing of his intention to the Commissioner 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
may be so prescribed.
260. Applications for additions to, or repairs
of buildings.. (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 or in any external or partly was thereof
or of any wan 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 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 space in such building into
a room or rooms;
(e) to repair, remove, construct, re-construct, or make any addition
to or structural alteration in any portion or 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 re-construct the principal staircase or to alter
its position;
shall apply for sanction by giving notice in writing of his intention
to the Commissioner 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 as
plans may be so prescribed.
261. Conditions of valid notice. -
(1) A person giving the notice required by section 259 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
260 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.
(2) No notice shall be valid until the information required under
sub-section (1) and any further information and plans which may be
required by bye laws made in this behalf have been furnished to the
satisfaction of the Commissioner along with the notice.
262. Sanction or refusal of building or work.
- (1) The Commissioner shall sanction the erection of a building
or the execution of a work. Unless such building or work would contravene
any of the provisions of sub-section {2) of this section or
the provisions of section 266.
(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 in 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 or order made under such other
law:
(b) that the notice for sanction does not contain the particulars
or is not prepared in the manner required under the bye-laws made
in this behalf;
(c) that any information or documents required by the Commissioner
under this Act or any bye-laws made thereunder has or have not been
duly furnished;
(c) that in cases falling under section 238, layout plans have not
been sanctioned in accordance with section 239:
(e) that the building or work would be an encroachment on Government
land or land vested in the Corporation;
(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 building or work would be in contravention of any scheme
sanctioned under section 275.
(3) The Commissioner shall communicate the sanction to the person
who has given the notice; and where he refuses sanction on any of
the grounds specified in sub-section (2) of this section or under
section 266, he shall record a brief statement of his reasons for
such refusal and communicate the refusal along with the reasons therefor
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.
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263. When building or work may be proceeded
with. - ( 1 ) Where within a period of sixty days, or in
cases falling under clause {b) of section 257 within a period of thirty
days, after the receipt of any notice under section 259 or section
260 cr of the further information, if any, required under section
26 l, the Commissioner 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 Commissioner 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 Commissioner 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 of extension, improvement, widening or alteration
of any street, the Commissioner may without 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- section 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 Commissioner 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 this Act or any other law or of any bye-law
made thereunder.
{3) If the person or any one 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 259 or, as the case may be, under section 260 for fresh
sanction of the building or the Work and the provisions of the section
shall apply in relation to such notice as they apply in 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 Commissioner 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.
264. Sanction accorded under misrepresentation.
- If at any time after the sanction of any building or work has
been accorded, the Commissioner 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 259, 260 and 26 l, 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 Commissioner shall
give reasonable opportunity to the person affected as to why such
order should not be maid.
265 Buildings at corners of streets:
The commissioner may require any building intended to be
erected at the corner of two streets to be
rounded off or splayed or cut off to such 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.
266. Provisions as to buildings and works
on either side of new streets.
(1) The erection of any building on either side of a new street
may be refused by the commissioner unless and until such new
street has been levelled, and wherever in the opinion of the
commissioner practicable, metalled or paved, drained, lighted and
laid with a water main to his satisfaction.
(2) The erection of such building or the execution of any such work
may be refused by the commissioner if such building or any portion
thereof or such work comes with in the regular line of any street,
the position and direction of which has been laid down by the commissioner
but which has been actually constructed or if such building
or any portion thereof or such work is in contravention of any building
or any other law for the time being in force.
267 Period for completion of
building or work.: The commissioner, when sanctioning
the erection of building or execution of work, shall specify a
reasonable period after the commencement of the building or work within
which the building or work is to be completed and 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 hereinafter provided, unless the commissioner on application
made therefor has allowed an extension of that period.
268. Provided against use of inflammable
materials for buildings etc. without permission:
In such areas as may be specified by bye-laws made
in this behalf, no roof, verandah, pandal or wall of a building or
on shed or fence shall be constructed or reconstructed of cloth, grass,
leaves, mats or other inflammable material except with written
permission of the commissioner, not shall any such roof, verandah,
pandal, wall, shed or fence constructed or reconstructed in any year
be retained in subsequent year except with fresh permission
obtained in this behalf.
269. Order of demolition and storage of buildings
and works in certain cases and appeal:- 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 262 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 under, the commissioner 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 three days
from the date on which a copy of the order of demolition with a brief
statement of the reasons therefor 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
Commissioner may think fit, a reasonable opportunity of showing
cause why such order should not be made:
Provided. further that where the erection or work has not been completed,
the Commissioner 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 of 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 Commissioner made under
sub-section ( 1 ) may prefer an appeal against the order to the Court
of the District Judge of the City 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 Court of the District Judge may 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 completed at the time of the making of the order
of demolition, no order staying the enforcement of the order of demolition
shah be made by the Court of the District Judge unless security, sufficient
in the opinion of the Court, has been given by the appellant for not
proceeding with such erection or work pending the disposal of the
appeal.
(4) Save as provided in this section no court shall entertain any
suit, application or other proceeding for injunction or other relief
against the Commissioner to restrain him from taking any action or
making any order in pursuance of the provisions of this section.
{5) Every order made by the Court of the District Judge on appeal
and subject only to such order, the order of demolition made by the
Commissioner shall be final and conclusive.
{6) Where no appeal has been preferred against an order of demolition
made by the Commissioner under sub-section (1) or where an order
of demolition made by the Commissioner under that sub-section has
been confirmed on appeal, whether with or without variation, 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 Court of the District Judge on appeal, and on
the failure of the person to comply with
the order within such period, the Commissioner may himself cause the
erection of the work to which the order relates to be demolished and
the expenses 0fsuch demolition shall be recoverable from such person
as an arrear of tax under this Act.
270. Order of stoppage of building or works
in certain cases. - ( 1 ) Where the erection of any building
or execution of any work has been commenced or is being carried on
(but has not been completed) without or contrary to the sanction referred
to in section 262 or in contravention of any condition subject to
which such sanction has been accorded or in contravention of any provisions
of this Act or bye-laws made thereunder, the Commissioner may in addition
to any other action that may be taken under this Act. by order require
the person at whose instance the building or the .work has been commenced
or is being carried on. to stop the same forthwith.
(2) If an order made by the Commissioner under section 269 or under
sub section (1) of this section directing any person to stop the erection
of any building or execution of any work is not complied with the
Commissioner may require any police officer to remove such person
and all his assistants and workmen from the premises within such time
as may be specified in the requisition and such police officer shall
comply with the requisition accordingly.
(3) After the requisition under sub-section (2) has been complied
with, the Commissioner may, if he thinks fit. depute by a written
order a police officer or a Corporation officer or other Corporation
employee to watch the premises in order to ensure that the erection
of the building or the execution of the work is not continued.
(4) Where a police officer or a Corporation officer or other Corporation
employee has been deputed under sub-section (3) 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.
271. Power of Commissioner to require alteration
of work. - (1) Commissioner may at any time during the
erection of any building or execution of any work or at any time within
three months after the completion thereof by a written notice specify
any matter in respect of which such erection or execution is without
or contrary to the sanction referred to in secti0n 262 or is in contravention
of any condition of such sanction or any of the provisions of this
Act or any bye-law made thereunder and require the person who gave
the notice under section 259 or section 260 or the owner of such building
or work either -
{a) to make such alterations as may be specified in the
said notice with the object of bringing the building or work in
conformity with the said sanction, condition or provisions, or
(b) to show cause why such alterations should not be made within
the period stated in the notice.
{2) If the person or the owner does not show cause as aforesaid, he
shall be bound to make the alterations specified in the notice.
{3) If the person or the owner shows cause as aforesaid, the Commissioner
shall by an order either cancel the notice issued under sub-section
( l ) or confirm the same subject to such modifications as he thinks
fit.
272. Completion certificate. {1
)-Every person who employs a licensed architect or engineer or a person
approved by the Commissioner 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 Commissioner 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 Commissioner
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 commissioner
in this behalf in accordance with bye-laws made under this Act:
Provided that if the Commissioner fails within a period of thirty
days after the receipt of the notice of completion to communicate
his refusal to grant such permission, such permission shall be deemed
to have been 'granted.
273. Restrictions on user of buildings and
removal of dangerous buildings. - {1) No person shall,
without the written permission of the Commissioner, 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 authorised to be used
for that purpose or not used for that purpose before any alteration
has been made therein by any work executed in accordance with the
provisions of this Act and of 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.
(2) If it appears to the Commissioner 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 neighbourhood of such building,
the Commissioner 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.
(3) The Commissioner may also, the 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 board or fence for 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 board or fence.
{4) If it appears to the Commissioner that danger from a building
which is in a ruinous condition or likely to fail 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.
(5) If the owner or occupier of the building does not comply with
the order within the period specified therein, the Commissioner shall
take such steps in relation to the building as to prevent all cause
of danger therefrom.
[61 All expenses incurred by the Commissioner 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.
274. Power to order building to be vacated in certain circumstances.
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( 1)_The Commissioner may by order in writing direct that any building
which in his opinion is in a dangerous condition or is not provided
with sufficient means of egress in case of fire or is occupied in
contravention of section 272 be vacated forthwith or within such period
as may be specified in the order:
Provided that at the time of making such order the Commissioner shall
record a brief statement of the reasons therefor.
(2)If any person fails to vacate the building in pursuance of such
order Commissioner may direct any police officer to remove such person
from the building and the police officer shall comply with such direction
accordingly.
(3) The Commissioner shall, on the application of any person who has
vacated, or been removed from any- building in pursuance of an order
made by him, reinstate such person in the building on the expiry of
the period for which the order has been in force according to the
circumstances prevailing specified purpose is prohibited, at that
time permit,
275. Building Scheme. - (1) The
Corporation may, and if so required by the Government shall, within
six months of the date of such requisition, drawn up a building scheme
for built areas, and a town planning scheme for un built areas, which
may among other things provide for the following matters, namely :-
(a)the restriction of the erection or re-erection of buildings
or any class of buildings in the whole or any part of the city,
and of the use to which they may be put;
(b)the prescription of a building line on either side or both sides
of any street existing or proposed; and
(c) the amount of land in such unbuilt area which shall be transferred
to the Corporation for public purposes including use as public streets
by owners of land either on payment of compensation or otherwise,
provided that the total amount so transferred shall not exceed thirty-five
per cent, and the amount transferred without payment shall not exceed
twenty-five per cent of any one owner's land within such un-built
area.
(2) When a scheme has been drawn up under the provisions of subsection
( 1 ), the Corporation shall give public notice of such scheme and
shall at the same time intimate a date not less than thirty days from
the date of such notice by which any person may submit to the Corporation
in writing any objection or suggestion with regard to such scheme
which he may wish to make.
(3) The Corporation shall consider every objection or suggestion with
regard to the scheme which may be received by the date intimated under
the provisions of sub-section (2) and may modify the scheme in consequence
of any such objection or suggestion and shall then forward such scheme
as originally drawn up or as modified to the Government which may
sanction such schedule or may refuse to sanction it, or may return
it to the Corporation for reconsideration and resubmission by a specified
date.
(4) If a Corporation fails to submit a scheme within six months
of being required to do so under sub-section {1) or fails to resubmit
a scheme by a specified date, when required to do so under sub-section
(3) or resubmits a scheme which is not approved by the Government,
the Government may drawn up a scheme of Which public notice shall
be given by notification and by publication within the City together
with an intimation of the date by any person may submit in writing
to the Government any objection or suggestion which he may wish to
make and the Government may sanction such scheme as originally notified
or modified in consequence of any such objection or suggestion, as
the Government may think fit; and the cost of such scheme or such
portion of the cost as the Government may deem fit shall be defrayed
from the Corporation Fund.
(5) While sanctioning a scheme the Government may impose conditions
for the submission of periodical report to it on the progress of the
scheme and for the inspection and supervision of the scheme.
(6) If under the provisions of any scheme sanctioned under the proceeding
sub-sections the erection or re-erection of building in a specified
area for a specified purpose is prohibited, any person who after such
scheme is sanctioned uses any building for such purpose shall, unless
it was used for this purpose before the scheme was sanctioned, on
conviction be liable to fine which may extend to one thousand rupees,
and if after such conviction he to use such building for such purpose
shall be liable to fine which extend to fifty rupees for every day
during which such use continues.
Explanation. - For the purpose of this section, -
(i)"built area" is that 15ortion of a City of which the
greater part has been developed as a business or residential area;
and
(il)'!unbuilt area" is an area within the local limits of a city
which is declared as such at a special meeting of the Corporation
by a resolution confirmed by the Government, or which is notified
as such by the Government,
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