(1) Before beginning to construct any building, or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the municipal council is empowered by section 181 to enforce a removal or set back, or to construct or reconstruct which the municipal council is empowered by section 179 to give permission, the person intending so to construct, alter, add or reconstruct shall give to the municipal council notice thereof in writing and shall furnish to it at the same time, a plan showing 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 municipal council, and all information required by the bye-laws or demanded by the municipal council regarding the limits, dimension, design, ventilation and materials of the proposed building, and the intended situation and construction of the drains, sewers, privies, water-closets and cesspools, if any, to be used in connection therewith, and the location of the building with reference to any existing or projected streets, and the purpose for which the building will be used.

(2) No construction or reconstruction referred to in sub-section (1) shallbe begun unless and until permission for the execution of the work is granted under this section.

(3) Save as otherwise provided in this Act or the rules and bye-laws madethereunder, the municipal council may, --

(a) either give permission to construct, alter, add or reconstruct according to the plan and information furnished, or

(b) impose in writing conditions, in accordance with this Act and the rules and bye-laws made thereunder, as to level, drainage, sanitation, design, materials or to the dimensions and cubical contents of rooms, doors, windows, and apertures for ventilation or to the number of storeys to be erected, or with reference to the location of the building in relation to any existing building or street, existing or proposed, or the purpose for which the building is to be used, or

(c) direct that the work shall not be proceeded with, unless and until all questions connected with the respective location of the building, and any such street have been decided to its satisfaction, or

(d) refuse permission to construct, alter, add or reconstruct according to the plan and information furnished, in the undermentioned circumstances, the reasons for refusal being stated in the order:--

(i) that the work or the use of the site for the work or any of the particulars comprised in the site-plan, ground-plan, elevations, sections, or specifications would contravene some specified provision of any law or some specified order, rule, declaration or bye-law made under any law;

(ii) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or byelaws;

(iii) that any of the documents referred to in sub-section (1) have not been signed as required under rules or bye-laws;

(iv) that any information or documents required by the municipal council under the rules or bye-laws have not been duly furnished;

(v) that streets or roads have not been made as required by section 170;

(vi) that the proposed building would be an encroachment upon Government or municipal land;

(vii) that the site of such building does not abut on a street or a proposed street, and there is not access to such building from any such street by a passage or pathway appertaining to such site and not less than twelve feet wide at any part;

(viii) that the person so applying has no right to the land in question or has no right to construct, alter, add or reconstruct;

(ix) that the land on which any building is proposed to be erected or any building situated on which is proposed to be altered, added to or reconstructed is required by the municipal council and action to acquire it is being taken:

Provided that the direction under clause (c) shall not be in force after one year from the date on which the direction is given.

(4) Before issuing any orders under sub-section (3), the municipal councilmay, within one month from the receipt of such notice, either issue, -

(a) a provisional order directing that for a period, which shall not be longer than one month from the date of such order, the intended work shall not be proceeded with, or

(b) may demand further particulars.

(5) A building proposed in a notice given under sub-section (1) may beproceeded with in such manner, as may have been specified in such notice, as is not inconsistent with any provision of this Act or any rule or bye-law for the time being in force thereunder, in the following cases, that is to say:--

(a) in case the municipal council, within one month from the receipt of the notice given under sub-section (1), has neither, --

(i) passed orders under sub-section (3), and served notice thereof in respect of the intended work; nor

(ii) issued under sub-section (4), any provisional order or any demand for further particulars;

(b) in case the municipal council having issued such demand for, and having received in accordance with the bye-laws in force in this behalf, such further particulars, has issued no further orders within one month from the receipt of such particulars.

(6) No person who becomes entitled under sub-section (3) or sub-section(5) to proceed with any intended work of which notice is required by sub-section (1), shall commence such work after the expiry of the period of one year from the date on which he first became entitled so to proceed therewith, unless a fresh application is made under sub-section (1) and fresh permission is granted under sub-section (3) or deemed to be granted under sub-section (5).

(7) The Municipal Commissioner or Chief Officer may inspect any building during the construction, reconstruction or erection thereof and if he finds that the work, --

(a) is otherwise than in accordance with the plans or specifications which have been approved, or

(b) contravenes any of the provisions of this Act or any rule, bye-law, order or declaration made under this Act, he may by notice require the owner of the building within a period stated either, --

(i) to show cause why such alterations should not be made; or

(ii) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans, specifications or provisions.

if the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in such notice. If the owner shows cause as aforesaid the Municipal Commissioner or Chief Officer shall by an order cancel the notice or confirm the same subject to such modifications as he may think fit.

(8) Notwithstanding anything contained in this section, the MunicipalCommissioner or Chief Officer may at any time stop the construction, reconstruction or erection of any building if in his opinion the work in progress endangers human life.

(9) (a) If the Municipal Commissioner or Chief Officer is satisfied, --

(i) that the construction, reconstruction or erection of a building, --

(A) has been commenced without obtaining the permission of the municipal council; or

(B) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which the permission was granted; or

(C) is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or bye-law made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or bye-laws, or

(ii) that any alterations required by any notice issued under sub-section (8) have not been duly made, he may make a provisional order requiring the owner or the builder to demolish the work done, or so much of it as, in the opinion of the Municipal Commissioner or Chief Officer, has been unlawfully executed, or make such alterations as may, in the opinion of the Municipal Commissioner or Chief Officer, be necessary to bring the work into conformity with this Act, rules, bye-laws, direction or requisition as aforesaid, or with the plans or particulars on which such permission was based, and may also direct that until the said order is complied with, the owner or builder shall refrain from proceeding with the building.

(b) The Municipal Commissioner or Chief Officer shall serve a copy of the provisional order made under clause (a) on the owner of the building together with a notice requiring him to show cause within a reasonable time not being less than three days, to be specified in the notice why the order should not be confirmed.

(c) If the owner fails to show cause to the satisfaction of the Municipal Commissioner or Chief Officer, he may confirm the order, with any modification he may think fit to make and such order shall then be binding on the owner.

(d) If within a reasonable time mentioned in the order made underclause (c), the owner does not comply with it, the Municipal Commissioner or Chief Officer may take any measures or do anything which may, in his opinion, be necessary for giving due effect to the order.

(e) The Municipal Commissioner or Chief Officer may recover anyreasonable expenses incurred under clause (d) from the person to whom the order was addressed in the same manner as tax on building under this Act, and may in taking measures utilise any materials found on the property concerned or may sell them and apply the sale proceeds towards the payment of the expenses incurred.

Explanation.--The expression "to erect a building" throughout this Chapter includes, --

(a) any material alteration, enlargement or reconstruction of any building, or of any wall including compound wall and fencing, verandah, fixed platform, plinth, doorstep, or the like whether constituting part of a building or not;

(b) the conversion into a dwelling house of any building not originally constructed for human habitation or, if originally so constructed subsequently appropriated for any other purpose;

(c) the conversion into more than one dwelling house of a building originally constructed as one dwelling house only;

(d) the conversion of two or more places of human habitation into a greater number of such places;

(e) the conversion into a place of religious worship or into a building for a sacred purpose of any building not originally constructed for such purpose;

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

(g) such alteration of the internal arrangements of a building as affect its drainage, ventilation or other sanitary arrangements, or its security or stability; and

(h) the addition of any rooms, buildings or other structures to any building;

and a building so altered, enlarged, re-constructed, converted or added to, shall, for the purpose of this Chapter be deemed to be new building.

(10) If within a period of six months from the date on which permissionis refused under sub-clause (ix) of clause (d) of sub-section (3) the land is not acquired by the municipal council or if within such period, an application has not been made to the Deputy Commissioner for the institution of proceedings for compulsory acquisition under the provisions of the Land Acquisition Act, 1894, or if the municipal council abandons the proposal to acquire the land, the Municipal Commissioner or Chief Officer shall intimate the person concerned that the refusal to build or alter is withdrawn and the application shall be further considered on merits.