Section Text
(1)The 1 [Board] may either refuse to sanction the erection orre-erection, as the case may be, of the building, or may sanction it eitherabsolutely or subject to such directions as it thinks fit to make in writing inrespect of all or any of the following matters, namely :--
(a)the free passage or way to be left in front of the building;
(b)the space to be left about the building to secure free circulation of air andfacilitate scavenging and the prevention of fire;
(c)the ventilation of the building, the minimum cubic area of the rooms and thenumber of height of the storeys of which the buildings may consist;
(d)the provision and position of drains, latrines, urinals, cesspools or otherreceptacles for fifth;
(e)the level and width of the foundation, the level of the lowest floor and thestability of the structure;
(f)the line of frontage with neighbouring buildings if the building abuts on astreet;
(g)the means to be provided for egress from the building in case of fire;
(h)the materials and method of construction to be used for external and party wallsfor rooms, floors, fire-places and chimneys;
(i)the height and slope of the roof above the uppermost floor upon which humanbeings are to live or cooking operations are to be carried on; and
(j)any other matter affecting the ventilation and sanitation of the buildings,
andthe person erecting or re-erecting the building shall obey all such writtendirections in every particular.
2 [3 [(2)The Board may refuse to sanction the erection or re-erection of any building onany grounds sufficient in the opinion of the Board affecting the particularbuilding:
Providedthat the Board shall refuse to accord sanction the erection or re-erection ofany building if such erection or re-erection is not in conformity with anygeneral scheme sanctioned under section 181A.]
(3)The Board, before sanctioning the erection or re-erection of a building on landwhich is under the management of the 4 [Defence Estates Officer],shall refer the application to the 4 [Defence Estates Officer] forascertaining whether there is any objection on the part of Government to sucherection or re-erection; and the 4 [Defence Estates Officer] shallreturn the application together with his report thereon to the Board withinthirty days after it has been received by him.
(4)The Board may refuse to sanction the erection or re-erection of any building--
(a)when the land on which it is proposed to erect or re-erect the building is heldon a lease from the Government, if the erection or re-erection constitutes abreach of the terms of the lease, or
5 [(aa)when the land on which it is proposed to erect or re-erect the building isentrusted to the management of the Board by the Government if the erection orre-erection constitutes a breach of the terms of the entrustment of managementor contravenes any of the instructions issued by the Government regarding themanagement of the land by the Board, or]
(b)when the land on which it is proposed to erect or re-erect the building is notheld on a lease from the Government, if the right to build on such, land is indispute between the person applying for sanction and the Government.
(5)If the Board decides to refuse to sanction the erection or re-erection of thebuilding, it shall communicate in writing the reasons for such refusal to theperson by whom notice was given.
(6)Where the Board neglects or omits, for one month after the receipt of a validnotice, to make and to deliver to the person who has given the notice any orderof any nature specified in this section, and such person thereafter by a writtencommunication sent by registered post to the Board calls the attention of theBoard to the neglect or omission, then, if such neglect or omission continuesfor a further period of fifteen days from the date of such communication theBoard shall be deemed to have given sanction to the erection or re-erection, asthe case may be, unconditionally :
Providedthat, in any case to which the provisions of sub-section (3) apply, the periodof one month herein specified shall be reckoned from the date on which the Boardhas received the report referred to in that sub-section.]
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1.Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2.Sub-sections (2) to (6) Substituted by Act 24 of 1936, section 47, for theoriginal sub-sections (2), (3) and (4).
3.Substituted by Act 15 of 1983, section 104, for sub-section (2) w.e.f.1-10-1983.
4.Substituted by Act 15 of 1983, section 104, for "Military EstatesOfficer" w.e.f. 1-10-1983.
5.Inserted by Act 15 of 1983, section 104 w.e.f. 1-10-1983.