Building bye laws, acts, rules and regulations

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ASSIGNEMENT NO. 2
Submitted to-
Ar.Sandeep Mishra
Submitted by-
Abhishek kr. Maurya
b.Arch 4th year
131332390002
1

QUES.1- WRITE SHORT NOTE ON ARCHITECTS ACT
1972, ITS PURPOSE AND IMPORTANCE ?
 ARCHITECT’S ACT,1972
 An Act to provide for the registration of architects and
for matters connected therewith.
 It has come into force from 31st May 1972 and extends
to the whole India.
 It contains 4 Chapters with 45 Sections along with one
Schedule.
 CHAPTER – 1
 2. In this act, unless the context otherwise requires-
 "architect" means a person whose name is for the time
being entered in the register.
 "Council" means the Council of Architecture constituted
under Section 3
 "Indian Institute of Architects" means the Indian Institute
of Architects registered under the Societies Registration
Act, 1860.
 "recognised qualification" means any qualification in
architecture for the time being included in the Schedule
or notified under section 15.
 "register" means the register of architects maintained
under section 23
 "regulation" means a regulation made under this Act by
the Council.
 “rule" means a rule made under this Act by the Central
Government.
2

CHAPTER – 2 (council of architecture)
 “A Council to be known as the Council of Architecture, which
shall be a body corporate, having perpetual succession and a
common seal, with power to acquire, hold and dispose of
property, both movable and immovable, and to contract, and
may by that name sue or be sued.
 The Head Office of the Council shall be at Delhi or at such
other place as the Central Government may, by notification in
the Official Gazette, specify.
 The Council shall consist of the following members,
namely:-
 Five architects possessing recognized qualifications
elected by the Indian Institute of Architects from
among its members.
 Two persons nominated by the All India Council for
Technical Education established by the Resolution of
the Government of India.
 Five persons elected form among themselves by heads
of architectural institutions in India imparting full-time
instruction for recognised qualifications.
 The Chief Architects in the Ministries of the Central
Government to which the Government business
relating to defence and railways has been allotted and
head of the Architectural Organization in the Central
Public Works Department, ex officio.
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 One person nominated by the Central Government.
 An architect from each State nominated by the Government of
that state.
 Two persons nominated by the Institution of Engineers (India)
from among its members. &
 One person nominated by the Institution of Surveyors of India
from among its members.
 4.The President and the Vice-President of the Council shall be
elected by the members of the Council from among themselves.
 An elected President or Vice-President of the Council shall hold
office for a term of three years or till he ceases to be a member
of the Council, whichever is earlier.
CHAPTER – 2 (council of architecture)
 9.The Council shall meet at least once in every six months at such
time and place and shall observe such rules of procedure in
regard to the transaction of business at its meetings as may be
prescribed by regulations.
 Unless otherwise prescribed by regulations, nine members of the
Council shall form a quorum, and all the acts of the Council shall
be decided by a majority of the members present and voting.
 In the case of an equal division of votes, the President, or in his
absence, the Vice-President or, in the absence of both, the
member presiding over the meeting, shall have and exercise a
second or casting vote.
12. The Council shall –
 appoint a Registrar who shall act as its Secretary and who may
also act, if so decided by the Council, as its treasurer.
 appoint such other officers and employees as the Council deems
necessary to enable it to carry out its functions under this Act.
 with the previous sanction of the Central Government, fix the pay
and allowances and other conditions of service of officers and
other employees of the Council.
4

.18. Every authority in India which grants a recognised qualification
shall furnish such information as the Council may, from time to time,
require as to the courses of study and examinations to be undergone
in order to obtain such qualification, as to the ages at which such
courses of study and examinations are required to be undergone
and such qualification is conferred and generally as to the requisites
for obtaining such qualification.
19. The Executive Committee shall, subject to regulations, if any,
made by the Council, appoint such number of inspectors as it may
deem requisite to inspect any college or institution where
architectural education is given or to attend any examination held by
any college or institution for the purpose of recommending to the
Central Government recognition of architectural qualifications
granted by that college or institution.
19.(2). The inspectors shall not interfere with the conduct of any
training or examination, but shall report to the Executive Committee
on the adequacy of the standards of architectural education
including staff, equipment, accommodation, training and such other
facilities as may be prescribed by regulations for giving such
education or on the sufficiency of every examination which they
attend.
19.3. The Executive Committee shall forward a copy of such report to
the college or institution and shall also forward copies with remarks,
if any, of the college or institution thereon, to the Central
Government.
20.1. When upon report by the Executive Committee it appears to
the Council –
 that the courses of study and examination to be undergone in, or
the proficiency required from the candidates at any examination
held by, any college or institution, or
 that the staff, equipment, accommodation, training and other
facilities for staff and training provided in such college or
institution.
20.2. After considering such representation the appropriate
Government shall forward it along with such remarks as it may
choose to make to the college or institution concerned, with an
intimation of the period within which the college or institution, as the
case may be, may submit its explanation to the appropriate
Government.
5

CHAPTER – 3 (REGISTRATION OF
ARCHITECTS)
23.1. The Central Government shall, as soon as may be, cause to be
prepared in the manner hereinafter provided a register of architects
for India.
2. The Council shall upon its constitution assume the duty of
maintaining the register in accordance with the provisions of this Act.
3. The register shall include the following particulars, namely :-
 the full name with date of birth, nationality and residential address
of the architect.
 his qualification for registration, and the date on which he obtained
that qualification and the authority which conferred it.
 the date of his first admission to the register.
 his professional address and such further particulars as may be
prescribed by rules.
CHAPTER – 4 (MISCELLANEOUS)
36. If any person whose name is not for the time being entered in the
register falsely represents that it is so entered, or uses in connection
with his name or title any words or letters reasonably calculated to
suggest that his name is so entered, he shall be punishable with fine
which may extend to Rs.1000/-
37.1. After the expiry of one year from the date appointed under sub-
section (2) of section 24, no person other than a registered architect,
or a firm of architects shall use the title and style of architect.
37.2. If any person contravenes the provisions of sub-section (1), he
shall be punishable on first conviction with fine which may extend to
five hundred rupees and on any subsequent conviction with
imprisonment which may extend to six months or with fine not
exceeding one thousand rupees or with both
6

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44.1. The Central Government may, by notification in the Official
Gazette, make rules to carry out the purposes of this Act.
45.1. The Council may, with the approval of the central Government,
*[by notification in the Official Gazette] make regulations not
inconsistent with the provisions of this Act, or the rules made there
under to carry out the purposes of this Act.
In particular and without prejudice to the generality of the foregoing
power, such REGULATIONS may provide for -
 the management of the property of the Council.
 the powers and duties of the President and the Vice-President of
the Council.
 the summoning and holding of meetings of the Council and the
Executive Committee or any other committee constituted under
section 10.
 the functions of the Executive Committee or of any other
committee constituted under section 10.
 The courses and periods of study and of practical training, if any,
to be undertaken, the subjects of examinations and standards of
proficiency therein to be obtained in any college or institution for
grant of recognised qualifications.
 the appointment, powers and duties of inspector.
 the standards of staff, equipment, accommodation, training and
other facilities for architectural education.
 the conduct of professional examinations, qualifications of
examiners and the conditions of admission to such examinations.
 the standards of professional conduct and etiquette and code of
ethics to be observed by architects.
 any other matter which is to be or may be provided by regulations
under this Act and in respect of which no rules have been made.
7

. C.o.a , REGULATIONS, 1982
 In exercise of the powers conferred by sub-section (1) and sub-
section (2) of section 45 of the Architects Act, 1972), the Council of
Architecture, with the approval of the Central Government, hereby
makes the following regulations,
 Regulations are divided into 8 parts and 30 sections. As below :-
 PART – 1 (Preliminary and Definitions)
 PART – 2 (C.O.A. Meetings)
 PART – 3 (Powers & Duties of President & vice president)
 PART – 4 (Executive Committee)
 PART – 5 (Committees of Council)
 PART – 6 (Registrar and Employees of the Council)
 PART – 7 (Finances, Accounts and Audit)
 PART – 8 (Inspection of Educational Institutions of Architecture)
COUNCIL OF ARCHITECTURE, RULES, 1973
 In exercise of the powers conferred by Section 44 of The
Architects Act, 1972 the Central Government hereby makes
the following rules.
 There are seven divisions in this Rule,1973 in 5 chapters.
 Chapter – 1 (Preliminary)
 Chapter – 4 (Election of President & VP of the Council)
 Chapter – 5 (Election of members of the Executive committee)
 Chapter – 6
 Chapter – 7 (Complaints & enquiries related to professional
misconduct of an architect)
8

Chapter - 6
 29. Application for Registration - Form(11) + Rs. 500/-
 30. Renewal Fee – 500/- or 5000/- one time.
 31. Manner of Endorsement on a certificate of registration –
valid upto 31st December.
 32. Restoration to the register – fee of Rs. 1000/-
 33. Entry of additional qualifications – Rs. 100/- for each entry.
 34. Duplicate Certificate – Form (13) + 500/-
ARCHITECTS (PROFESSIONAL CONDUCT)
REGULATIONS, 1989
 In exercise of the powers conferred by sub-section (1) ,sub-section
(2) of Section 45 of the Architects Act, 1972, the Council of
Architecture, with the approval of the Central Government, hereby
makes the following regulations to promote the standard of
professional conduct/ self-discipline required of an Architect.
 These regulations may be called with Architects (Professional
Conduct) Regulations, 1989.
Every architect, either in practice or employment, subject to
the provisions of the Central Civil Services (Conduct) Rules,
1964 or any other similar rules applicable to an Architect, he
shall –
 ensure that his professional activities do not conflict with his
general responsibility to contribute to the quality of the
environment and future welfare of society.
 apply his skill to the creative, responsible and economic
development of his country.
 provide professional services of a high standard, to the
best of his ability.
 if in private practice, inform his Client of the conditions of
engagement and scale of charges and agree that these
conditions shall be the basis of the appointment.
9

rules applicable to an Architect
 not sub-commission to another Architect or Architects the work
for which he has been commissioned without prior agreement of
his Client,
 not give or take discounts, commissions, gifts or other
inducements for the introduction of Clients or of work,
 act with fairness and impartiality when administering a building
contract,
 maintain a high standard of integrity,
 promote the advancement of Architecture, standards of
Architectural education, research, training and practice.
 conduct himself in a manner which is not derogatory to his
professional character, nor likely to lessen the confidence of the
public in the profession, nor bring Architects into disrepute,
 compete fairly with other Architects,
observe and uphold the Council's conditions of engagement and
scale of charges,
 not supplant or attempt to supplant another Architect,
 not prepare designs in competition with other Architects for a
Client without payment or for a reduced fee (except in a
competition conducted in accordance with the Architectural
competition guidelines approved by the Council), ETC.
 Not have or take as partner in his firm any person who is
disqualified for registration by reason of the fact that his name
has been removed form the Register under Section 29 or 30 of
the Architects Act, 1972.
10

QUES.2.-EXPLAIN THE SILENT FEATURES OF
UTTER PARDESH BUILDING OPERATION ACT ?
 THE U.P. (REGULATIONS OF BUILDING OPERATIONS) ACT,
1958
 (1) This Act may be called the Uttar Pradesh (Regulation of Building
Operations) Act, 1958.
 (2) It extends to the whole of Uttar Pradesh.
 (3) It shall come into force at once.
 Definitions.
 In this Act, unless the context otherwise requires-
 'amenity' includes roads, water supply, street lighting, drainage,
sewerage, public parks and any other convenience which the State
Government may, by notification in the Official Gazette, specify to
be an amenity for the purposes of this Act:
 'building' has the same meaning as in the U.P. Nagar Mahapalika
Adhiniyam, 1959;
 [Deleted by U.P. Act XI of 1960)
 'regulated area' means an area in respect of which a declaration
under Sub-section (1) of Section 3 is for the time being in force];
 'development' with its grammatical variations and cognate
expression, means the carrying out of building, engineering, mining
or other operations in, on,over or under land or the making or any
material change in any building or land;
 'Prescribed' means prescribed by [rules] under this Act;
 'Prescribed Authority' means a person or body of persons
appointed as such by the State Government in respect of a
regulated area by notification in the Official Gazette;
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 'Prescribed Authority' means a person or body of persons appointed as such
by the State Government in respect of a regulated area by notification in the
Official Gazette;
 'to erect' in relation to a building means to construct a building for the first
time or to after demolishing reconstruct an existing building a it according to
some fresh or revised plan.,
 'to re-erect' in relation to a building means the construction for a second or
subsequent time of a building or part of a building after demolishing it' on
the same plan as has been previously sanctioned :
 'to make material change' in relation to a building means to make any
modification in any existing building by way of addition or of any other
change in the roof, window or door if such window or door adversely affects
light and ventilation of any room, or in any compound wall,, or in the sanitary
and drainage system in any respect, whatsoever and includes :
 Increasing or decreasing the height or area covered by, or cubical capacity of
any room in the building;
 Conversion of a building or its part originally constructed as one dwelling
house into more than one dwelling house and vice versa:
 Conversion of a building or a part thereof meant for human habitation in
general into a dwelling house or vice versa:
 Conversion of a dwelling house or a part thereof' into a shop, warehouse or
factory or vice versa;
 Conversion of a building used or intended to be used for one purpose such
as shop, warehouse or factory. etc., into one for another purpose;
 Conversion of a building or a part of a building into a brothel, a bar or a
gambling den and the like: and
 Constructing in a wall adjoining any street or land not vested in the owner of
the wall a door or window opening on such street or land or permanently
closing any door or window in an external wall;
 but does not include modifications in respect of gardening. whitewashing
painting, plastering and other specifications.
12

Declaration of regulated area.
 3[(1) If in the opinion of the State Government any area within U.P.
requires to be regulated under this Act with a view prevention of
bad laying out of land, haphazard erection of buildings or growth of
sub-standard colonies or with a view to the development and
expansion of that area according to'.,- proper planning. it may. by
notification in the Official Gazette declare the area to be regulated
area].
 4[(2) The operation of Chapter. XIII of the Uttar Pradesh, Nagar
Mahapalika Adhiniyam 1959, 5[Sections 178. 179, 180. 180-A. 181. 182.
183, 184. 185. 186. 203, 204, 205, 206, 207, 208. 209. 210. and 222 of
the U.P, municipalities Act, 19 161 (or the said section as extended
under Section 338 thereof or under Section 38 of the U.P.' Town
Areas Act. 1914) Sections 29. 30 and 32 of the IJ.P. Town Improvement
Act, 1919, or, as the case may be of-11 Sections 162 to 171 of the Uttar
Pradesh Kshettra Samities and Zila Parishads Adhiniyam, 196 1, shall
in respect of a regulated area remain suspended for the, period
during which the declaration relating to it under Sub-section (1)
remains in force, and the provisions of Section 6 of the U.P. General
Clauses Act. 1904, shall apply in relation to such suspension as if the
suspension amounted to repeal of the said enactments by this Act].
 Controlling Authority.-
 (1) The State Government shall as soon as may be after any area is
declared as regulated area under this Act constitute for such area an
authority hereinafter called the Controlling Authority for the
discharge of functions assigned to such authority under this Act.
 5(2) The Controlling Authority shall. subject to the provisions of Sub-
section (2-A) consist of the following members not exceeding
nine,namely-
 (a) 6[* ** ) Commissioner of the Division in which the regulated area
is situate, or any other officer, not below the rank of a Sub-Divisional
Magistrate, appointed by the State Government, who shall also be
the Chairman,
 Nominees of the Sate Government who among others may be-
 The President of the District Board of the district in which the
regulated area or any portion thereof is situate;
 The President of the Municipality or Notified Area, if any, in which the
regulated area is situate or which is adjacent to it:
 Provided that if the regulated area lies within the limits of more
than one local body, the Controlling Authority may co-opt any other
President/Presidents of such local body/bodies.
13

Explanation.-
 'President' for the purposes of this section includes any
person exercising the powers of a President under the provisions
of the U.P. District Boards Act, 1922 or the U.P. Municipalities Act,
1916, as the case may be.
 1(2-A) The Controlling Authority -Shall have the power to co-opt
as members one or two other persons].
 (3) The numbers of members necessary to form a quorum and the
procedure to be followed by the Controlling Authority in the
conduct of its business shall be such as may be prescribed.
 (4) The functions of the Controlling Authority may be' exercised
notwithstanding any vacancy therein.
 3[(6) All action taken by the Controlling Authority shall be
expressed to be taken in the name of that Authority;' and orders
and other instruments made and executed in the name of the said
Authority shall be authenticated in such manner as may be
prescribed and the validity of an, order or instrument which is so
authenticated shall not be called in question on the ground that it
is not an order or instrument made or executed by the Controlling
Authority]
 Added by Section'43 Of U.P. Act 41 of 1976
 (d) the erection of buildings on any site and the restrictions and
conditions in regard to the spaces to be maintained in or around
buildings and the height and character of buildings;
 (E)the alignment of buildings on any site,
 (f) the architectural features of the elevation or frontage of any
building to be erected on any site;
 the number of residential buildings which may be' erected on any
site,
14

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 the amenities to be provided in relation to any site of buildings on
such site whether before or after the erection of buildings and the
person or authority by whom such amenities are to be provided;
 the prohibition or restrictions regarding erection' of shops,
workshops, warehouses or factories or buildings of a specified
architectural feature of buildings designed for particular purposes
in any locality.
 the maintenance of walls, fences, hedges or any other structural or
architectural construction and the height at which they shall be
maintained;
 the restrictions regarding the use of any site for purposes other than
the erection of buildings.
 any other matter which is necessary for the proper planning of any
regulated area and for preventing buildings being erected
haphazardly in such area.
Power to issue directions in respect of
regulated area.-
 .2[The State Government may by notification in the Official Gazette,
issue in relation to any regulated area such regulations. not
inconsistent with this Act or With the rules as it may consider
necessary regarding any or -more of the following matters) namely
 the division of any site into plots for the erection of buildings and
the manner in which such plots may be allotted to intending
purchasers or lessees;
 The allotment or reservation of land for road, open spaces. gardens,
recreation grounds, schools, markets and other public purposes.,
 the development of any site into a township -or colony and the
restrictions and conditions subject to which such development may
be undertaken or carried out:
15

Master Plan for the regulated area.-
 (1) If in opinion of the state Government any regulated area
requires to be developed according to a Master Plan it M#- cause
such a plan to be prepared either through the Controlling
Authority or through such other agency as it may think fit.
 (2) Every such plan shall conform to any rules regulations made in
that behalf.
Control of development and building
operations In regulated area.-
 No person shall undertake or carry out tile development of any
site in any regulated area or .;[erect, re-erect or make any material
change in] any building or make or extend any excavation or lay-
out any means of access to a road in such area except in
accordance with the [regulations)5 if any, issued under "[this Act]
and with previous permission of the prescribed authority in
writing.
Application for Permission.-
 (1) Every person desiring to obtain the permission referred to in
Section 6 shall make an application in writing to the Prescribed
Authority in such form and containing such information as may be
prescribed in respect of the development, building excavation or
means of access to which the application relates
 5[(2) On receipt of such application the Prescribed Authority, after
making such inquiry as it considers necessary, shall by order in
writing either grant Permission subject to such conditions, if any,
as may be specified in the order or refuse to grant such
permission.
 (2-A) The only grounds on which permission may refused are the
following, namely that the work or the use of the site for the work
any of the particulars comprised in the site plan, ground-plan,
elevations, sections or specification would contravene the
provisions of any lay furnish adequate security to such authority or
o- agency in that behalf or undertake to carry out s development
and to provide such amenities- hi and execute a bond in that
behalf in favour of Governor, with or without sureties', ' to
satisfaction of the Prescribed Authority;
16

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 that the applicant shall transfer to the S Government or to the local
authority concerned land earmarked for roads, public parks and o
public utility services either free of cost or on terms and conditions
as may be specified.
 (2-D) The provisions of Sections 445, 446 ' 447 449 of the Code of
Criminal Procedure, 1973, shall muta mutandis apply in relation to
any bond executed b Y. applicant under Sub-section (2-C), with -the
substitution reference to a Magistrate or Magistrates of the First
Class by reference to the prescribed authority, and of references to
the Sessions Judge by references to the Controlling Authority.]
 1[(3) Where permission is refused, the grounds of s refusal shall be
communicated to the applicant in 8 manner as may be prescribed
within ninety days o receipt of such application].
 (4) Where no orders are communicated within, period mentioned in
Sub-section (3) granting or re the permission. the applicant may by
a writing communication call the attention of the Prescribed
Authority to the omission or neglect and if such omission or neglect
continues for a further period of thirty day Prescribed Authority
shall be deemed to have permitted the proposed work:
 Provided that nothing in this sub-section shall construed to
authorize any person to act contravention of the '2[regulations]
issued under Act)3
Cancellation of permission obtained under
fraud. If
 at any time after a permission has been granted under sub-section
(2) of Section 7. the Prescribed Authority satisfied that such
Permission was granted in consequence of any material
misrepresentation made or any fraud statement or information
furnished. the Prescribed Authority may cancel such permission. for
reasons recorded in writing and any work done thereunder shall be
deemed to have been done without such permission.
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Powers of entry in buildings.-
 The prescribed authority may authorise any person to enter into or
upon any .site or without assistant or workmen for the purposes
of -
 making any enquiry, inspection, measurement or survey or taking
levels of such site or building.,
 examining works under construction 'or ascertaining the course of
sewers or drains;
 ascertaining whether any site is being or has been developed or
any building is being or has been erected in contravention of [any
regulation made under this Act]., or without permission referred to
in Section 6 or in contravention of any condition subject to which
such - permission has bee granted:
 Provided that no entry shall be made except between.' the hours
of sunrise and sunset and without giving not less than twenty-four
hours" written notice 'to the occupier or if there be occupier. to
the owner of the building or land.
 1[8-A. The Prescribed Authority may. after obtaining the' . X
sanction of the State Government. delegate all or any of its powers
and functions to an officer or authority subordinate' to it.]
Penalties.-
 (1) Any person who undertakes or carries out the development of
any site or 3[erects re-erects or makes any material change in any
building or makes or extends any excavation or lays out any
means of access to a road in contravention of' 4[.any regulation
invade under the Act] or without the permission referred to in
Section 6 in contravention of any condition subject to which site
permission has been granted. 5(or in violation of any action taken
under Sub-section (2) of Section 10 to stop erection or re-erection
of an building or the execution of any work ); shall be punishable
with fine which may extend to ten thousand rupees and in the
case of a continuing offence. with a further fine which may extend
to 1'i@re hundred rupees for every day during which such offence
continues after conviction for the first commission of the offence.
18

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 (2) Any person who obstructs the entry of a person authorised
under Section 8 to enter into or upon. a., building or land or
molests such person after such entry- shall be punishable with fine
which may extend to thousand rupees.
 (3) If the person committing an offence under this 'Act is a
company, every person who, at the time of the offence was
committed, was in charge of and was responsible to the company
for the conduct of the business of the company as well as the
company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly :
 Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this Act if he
proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of
such offence.
 (4) Notwithstanding anything contained in Sub-section (3) where
an offence under this Act has been committed by a company and it
is proved that the offence has been committed with the consent or
connivance of, or is attributable' to any neglect on the part of any
director, manager,, secretary or other offence of the company, such
director, manager, secretary or other officer shall also be deemed
to be guilty of that officer and shall be liable to be proceeded
against and punished accordingly.
Explanation.-
 For the purposes of this section-
 'company' means a body corporate and includes a firm or other
association of individuals; and
 director' in relation to a firm means partner in the firm.
19

Order of demolition of buildings in
certain cases.-
 1(1) Where the ,[erection or re-erection of or material [change].; in]
any building has been commenced or is being carried on or has
been completed in contravention of '[any regulation made under
this Act] or without the permission referred to in Section 6 or in
contravention of any condition subject to which such permission
has been granted, the Prescribed Authority may, ,[without
prejudice to the provision of Section 91 make an order directing
that such .[erection. re-erection or material (change)10. in] shall be
demolished by the owner thereof within such period not
exceeding two months as may be specified in the order. -and on
the failure of the owner to comply with the order the Prescribed
Authority may itself [through the local authority concerned or
through such other agency as it thinks fit) cause the ( erection, re-
erection or material (change)in] to be demolished and the
expenses of such demolition shall be recoverable from the owner
in the same manner as an arrear of land revenue :
 Provided that no such order shall be made unless the owner has
been given an opportunity of being heard.
 1[(2) If the prescribed authority is satisfied that the erection or re-
erection. of any building or the execution of -any such work as is
referred to in Section 6 has been unlawfully commenced or is
being unlawfully carried on It may by written notice require the
person directing or carrying on such erection or re-erection or
execution, to stop the same forthwith and on his failure to do so.
cause the carrying on of such erection or re-erection or execution
to be stopped and use or employ such reasonable force as may
be necessary therefor)
Jurisdiction of Courts.
 No Court inferior to that of a Magistrate of the first class shall try
an offence punishable under this Act.
20

QUES.3.- WHAT IS A BUILDING CODE ? EXPLAIN
THE NEED OF NATIONAL BUILDING CODEOR
SILENT FEATURES OF NATIONAL BUILDING
CODE?
 A building code (also building control or building regulations) is
a set of rules that specify the standards for constructed objects
such as buildings and nonbuilding structures. Buildings must
conform to the code to obtain planning permission, usually from a
local council. The main purpose of building codes is to
protect public health, safety and general welfare as they relate to
the construction and occupancy of buildings and structures. The
building code becomes law of a particular jurisdiction when
formally enacted by the appropriate governmental or private
authority.[1]
 Building codes are generally intended to be applied
by architects, engineers, interior designers, constructors
and regulators but are also used for various purposes by safety
inspectors, environmental scientists, real estate developers,
subcontractors, manufacturers of building products and
materials, insurance companies, facility managers, tenants, and
others. Codes regulating the design and construction of structures
where adopted into law.
WHY ARE BUILDING CODES IMPORTANT?
 Building codes can feel like the bane of a contractor's existence.
They require plan submissions, meetings with building officials at
local building and planning department(s), not to mention the
string of inspections that occur throughout the construction
process. Your local building inspector will become a regular feature
at your construction site, beginning when you break ground and
pour your foundation until your building is "finaled" and the last
permit card is signed off.
21

BUILDING CODES ARE INTEGRAL TO PUBLIC
HEALTH & SAFETY AND ENVIRONMENTAL
PROTECTION
 These codes have become so integral to the building process that
career contractors don't think twice about them, and may even
consider them an unnecessary or cumbersome hoop they have to
jump through. Ultimately, however, building codes are the key to
keeping the occupants in the buildings in our communities as safe
as possible.
WHAT ARE BUILDING CODES?
 Building codes are a series of regulations, co-created by politicians
and building professionals, that are designed to govern the design,
construction, repair or alteration and general maintenance of
buildings. These codes apply to virtually every type of structure,
from garages and houses to schools, churches, agricultural and
commercial buildings. For this reason, we always recommend
checking in with your local building department before
commencing the construction of any building on your property to
make sure you adhere to local building regulations. Failure to do
so can result in serious penalties, fines and even the demolition of
your building if it doesn't meet the current building code
requirements.
 Building codes are handed down at the international, federal, state
and local levels. Typically, municipalities adopt the overarching
building codes set forth by the International Building Code (IBC).
This prevents them from having to "reinvent the wheel" and
provides a solid foundation. These codes are in constant evolution
in response to building innovation, technological advancements
and/or real-life scenarios in which devastation could have been
prevented with a change in the building code.
 An example of revised building codes are Seismic Building Codes,
which are created to provide the minimum qualifications a building
must meet in order to withstand a certain level of seismic activity.
22

CAN BUILDING CODES BE ADAPTED OR
CHANGED?
 Yes, and they are all the time. In addition to the evolution of
building codes mentioned above, individual states and local
municipalities can write their own building codes. An example of
this would be the state of California, where seismic building codes
are stricter than in other areas of the nation due to the higher
seismic risks in that state. Building codes can also be adapted to
accommodate a particular state or city's commitment to
environmental protection.
 These building codes are "adopted" by a local governing agency
and can be amended and changed accordingly. A proactive
community may have building codes that meet or exceed the
current recommendations set forth by the IBC or FEMA, while
others may lag a bit behind.
HOW ARE BUILDING CODES ENFORCED?
 Typically, building codes are enforced at the local level. Ideally, a
new construction project will be required to submit plans before
ground is ever broken. These plans will be reviewed by the local
building department where they will be approved or sent back
with instructions for revision and resubmission. Your local building
department will provide you with a list of permits that must be
pulled for each stage of construction.
 As each stage of construction is completed, you will schedule an
appointment with a building inspector who will evaluate your
work and either sign off that the phase is up to code or will ask
for certain repairs or amendments to be made. Failure to observe
these inspections and sign offs can result in heavy fines and may
require you to demo parts or all of your building in order for it to
be inspected and/or re-built to code.
23

.
 Typical building code inspections take place after the following
construction phases:
 Foundation
 Rough Framing
 Complete rough plumbing, electrical and HVAC
 Insulation
 Drywall
 Final inspection and certificate of occupancy
 Of course, these inspections will vary according to the type of
building you are constructing and the code requirements in your
area.
 As climate change becomes an increasing threat, building codes are
becoming more strict in regards to the environmental impact a
building has on the building site as well as the energy efficiency of
the building. We predict building codes pertaining to environmental
impact and weather-related safety will become more strict as super
storms continue to increase and as air, water and soil quality
become more of a public issue.
 Interested in building a metal building that meet or exceed the
building codes in your municipality? Contact Whirlwind and our
representatives will be happy to get your building on the compliant
code track.
24

QUES.4- EXPLAIN THE KEY POINTS OF UTTER
PARDESH URBAN PLANNING AND
DEVELOPMENT ACT?
UTTER PARDESH URBAN PLANNING AND
DEVELOPMENT ACT, 1973.
 Reasons for the enactment.-
 (1) The Governor of Uttar Pradesh promulgated on June 12, 1973,
the Uttar Pradesh Urban Planning and Development Ordinance,
1973, which reproduced the provision of the Uttar Pradesh Urban
Planning and Development Bill, 1973, as passed by the U.P.
Legislative Council. The reasons for this enactment are given below.
 (2) In the developing areas of the State of Uttar Pradesh. the
problems of town planning and urban development need to be
tacked resolutely. The existing local bodies and other authorities
inspite of their best efforts have not been able to cope with these
problems to the desired extent. In order to bring about
improvement in this situation. the State Government considered it
advisable that in such developing areas. Development Authorities
patterned on the Delhi Development Authority be established. As
the State Government was of the view that the urban development
and planning work in the State had already been delayed it was felt
necessary to provide for early establishment of such Authorities.
 (3) The present measure seeks to replace the aforesaid
Ordinance by a President Act.
 (4) The Committee constituted under the proviso to Sub-section (2)
of Section 3 of the Uttar Pradesh State Legislature (Delegation of
Powers) Act, 1973 (Act 33 of 1973), has been consulted before the
enactment of this measure as a President's Act.
25

. 1. Short title and extent.-
 (1) This Act may be called the Uttar Pradesh Urban Planing and
Development Act, 1973.
 (2) It extends to the whole of Uttar Pradesh, excluding
Cantonment areas and lands, owned, requisitioned or taken on
lease by the Central Government for the purposes of defence.
 2. Definitions.-
 In this Act unless the context otherwise requires-
 'amenity' includes road, water supply. street lighting, drainage,
sewerage. public works and such other convenience as the State
Government may, by notification in the Gazette specify to be an
amenity for the purposes of this Act.,
 'building' includes any structure or erection or part of a
structure or erection which is intended to be used for residential,
industrial, commercial or other purposes, whether in actual use
or not:
 building operations' includes rebuilding structural alterations of,
or additions to, buildings operations normally undertaken in
connection the construction of buildings:
 (d) 'bye-law' means a bye-law made under this Act by the
Development Authority:
 'development' with its grammatical variations, means the
carrying out of building, engineering, mining or other operations
in, on, over or under land, or the making of any material change
in any building or land, and includes re-development:
 'Development Area' means any area declared, development area
under Section 3:
CHAPTER I
Preliminary
26

.
 'the Development Authority' or 'the Authority', in relation to any
development area, means the Development Authority constituted
under Section 4 -for that area:
 (gg) 'Development Authorities Centralised Service' means a
Centralised Service created under Section 5-A):
 (ggg) 'development fee 'means the fee levied upon a person or
body under Section 15 for construction of road, drain, sewer line,
electric supply and water supply lines in the development area by
the Development Authority):
 'engineering operation' includes the formation or laying
out means of access to a road or the laying out of means
of water supply:
 'means of access' includes any means of access, whether private
or public for vehicles or for foot passengers, and includes a road:
 'mutation charges' means the charges, levied under Section 15
upon the person seeking mutation in his name of a property
allotted by the Authority to another person:
 regulation' means a regulation made under this Act by the
Development Authority.
 rule' means a rule made under this Act by the State Government:
 [(kk) 'Stacking fees' means the fees levied under Section 15 upon
the person or body who keeps building materials on the land of
the Authority or on a public street or public places:)
 'to erect a building', with its grammatical variations, includes-
 any material alteration or enlargement of any building.
 the conversion. by structural alteration-
 of a building not originally constructed for human habitation into
a place for human habitation: or
27

.
 into more than one place for human habitation. of a building
originally constructed as one such place, or of two or more places
of human habitation into a greater number of such places:
 such alterations of a building as affect an alteration of its drainage
or sanitary arrangements, or materially affect its security:
 the addition of any rooms, buildings, houses or other structures to
any building., and
 the construction, in a wall adjoining any street or land not
belonging to the owner of the wall, of a door opening on to such
street or land.
 'water fees' means the fees levied under Section 15 upon a person
or body for using water supplied by, the Authority for building
operation or construction of buildings.]
 'zone' means any one of the divisions in which a development area
may be divided for the purposes of development under this Act:
 the expression 'land' has the meaning assigned to it in Section 3 of
the land Acquisition Act, 1894.
 3. Declaration of development, areas.-
 If in the opinion of the State Government any-area within the State
requires to be developed according to plan it may, by notification
in the Gazette. declare the area to be a development area
CHAPTER II
The Development Authority and its Objects
28

.
 4 The Development Authority-
 (1) The State Government may, by notification in the Gazette,
constitute for the purposes of this Act, an Authority to be called the
Development Authority for any development area.
 (2) The Authority shall be a body corporate, by the name given to it
in the said notification, having perpetual succession and a common
seal with power to acquire, hold and dispose of property, both
movable and immovable and to contract and shall by the said name
sue and be sued.
 (3) The Authority in respect of a development area which includes
whole or any part of a city as defined in the [Uttar Pradesh
Municipal Corporation Act. 1959), shall consist of the following
members namely-
 a Chairman to be appointed by the State Government:
 a Vice-Chairman to be appointed by the State Government:
 the Secretary to the State Government, in charge of the
Department in which, for the time being, the business relating, to
the Development Authorities is transferred, ex-officio:)
 the Secretary to the State Government in charge Of the
Department of Finance, ex-officio.
 the Chief Town and Country Planner, Uttar Pradesh ex-officio:
 the Managing Director of the Jal Nigam established under the Uttar
Pradesh Water Supply and Sewerage Act, 1975. ex-officio)
 the Mukhya Nagar Adhikari, ex-officio:
 the District Magistrate of every district any part of W Included in
the development area ex-offtcio:
 four members to be elected by Sabhasads of the Nag Mahapalika
for the said city from amongst themselves,
29

.
 Provided that any such member shall cease to hold office as such
as soon as he ceases to be Sabhasad of the (Municipal
Corporation):
 (j) such other members not exceeding three as may be nominated
by the State Government.
 (4) The appointment t of the Vice-Chairman shall be whole time.
 (5) The Vice-Chairman shall be entitled to receive from the funds of
the Authority such salaries and allowance-and be governed by
such conditions of service as may be determined by general or
special order of the State Government in this behalf.
 (6) A member referred to in Clause (c) Clause (d) Clause (e) or
Clause (f) of Sub-section (3) may instead of attending a meeting of
the Authority himself depute an officer, not below the rank of
Deputy secretary in the department, in the case of a member
referred to In Clause (c) or Clause (d) and below the rank of Town
Planner in the case of a member referred to in Clause (e) and not
below the rank of Superintending Engineer in the case of a
member referred to in clause (f) to attend the meeting. The officer
so deputed shall have the right to take part in the proceedings of
the meeting and shall also have the right to vote.
 (7) The Authority in respect of a development area other than that
mentioned in Sub-Section (3) shall consist of a Chairman, a Vice
Chairman and not less than five and not more than eleven such
other members, including at least one member from Municipal
Boards and Notified Area Committees having each jurisiction in the
development area, who shall hold office for such period and on
such terms and conditions as may be determined by general or
special order of the State Government I this behalf.
30

.
 Provided that the Vice-Chairman or a member other than an ex-
officio member of the Authority may at any time by writing under
his hand addressed to the State Government resign his office and
on such resignation being accepted shall be deemed to have
vacated his office.
 (8) No act or proceedings of the Authority shall be invalid by
reason of the existence of any vacancy in, or defect in the
constitution of, the Authority.
 5. Staff of the Authority:
 (1) The State Government may appoint two suitable persons
respectively as the Secretary and the Chief Accounts Officer of the
Authority who shall exercise such powers and perform such duties
as may be prescribed by regulations or delegated to them by the
Authority or its Vice-Chairman.
 Subject to such control and restrictions as may be determined by
general or special order of the State Government, the Authority
may appoint such number of other officer and employees as may
be necessary for the efficient performance of its functions andmay
determine their designations and grades.
 The Secretary, the Chief Accounts Officer and other Officers and
employees of the Authority shall be entitled to receive from the
funds of the Authority such salaries and allowances and shall be
governed by such salaries and allowances and shall be governed by
other conditions of service as may be determined by regulations
made in that behalf.
 5-A. Creation of Centralised Services:
 (1) Notwithstanding anything to the contrary contained in Section 5
or in any other law for the time being in force, the State
Government may at any time, by notification create one or more
'Development Authorities Centralised Services for such posts, other
than the posts mentioned in Sub-Section (1) of Section 59, as the
State Government may deem fit, common to all the Development
Authorities, and may prescribe the manner and conditions of
recruitment to and the terms and conditions of service of person
appointed to such service
31

.
 (2) Upon creation of a Development Authorities Centralised
Service, a person serving on the posts included in such service
immediately before such creation, not being a person governed by
the U.P. Palika (Centralized) Services Rules, 1966. or serving on
deputation, shall, unless he opts otherwise, be absorbed in such
service.-
 finally, if he was already confirmed in his post, and
 provisionally. if he was holding temporary or officiating
appointment.
 (3)A person referred to in Sub-section (2) may, within three
months1 from the creation of such Development Authorities
Centralised Service communicate to the Government in the
Housing Department, his option not to be absorbed in such
Centralised Service. failing which he shall be, deemed to have
opted for final or provisional. as the case may be, absorption in
such Centralised Service.
 (4) Suitability of a person absorbed provisionally, for final
absorption In a Development Authorities Centralised Service, shall
be examined In the manner prescribed and if found suitable he
shall be absorbed finally.
 The services of an employee who opts against absorption or who
is not found suitable for final absorption, shall stand determined
and he shall without prejudice to his claim to any leave, pension,
provident fund or gratuity which he would have been entitled to,
be entitled to receive as compensation from the Development
Authority concerned, an amount equal to-
 three months' salary, if he was a permanent employee:
 one month's salary, if he was a temporary employee.
 Explanation.-For the purposes of this sub-section the term salary
includes dearness allowance, personal pay and special pay. if any.
 It shall be lawful for the State Government or any officer
authorised by it in this behalf, to transfer any person holding any
post a Development Authorities Centralised Service from one
Development Authority to another.]
32

.
 6. Advisory Council.-
 (1) The State Government may, if itthinks fit, constitute an advisory
council for the Purpose of advising Authority on the preparation
of the master Plan and on such other matters relating to the
planning of development or arising out of, or in connection with,
the administration of this Act as may be referred to it by the
Authority
 (2) The Advisory Council in respect of a development area in Sub-
section (3) of Section 4 shall consist of the following members
namely-
 the Chairman of the Authority ex-officio, who shall be the
President.
 the Chief Town and Country Planner, Uttar Pradesh, and the Chief
Engineer, Local Self-Government Engineering Department, Uttar
Pradesh, ex officio:
 the Director, Medical and Health Services, Uttar Pradesh, or his
nominee who shall not be below the rank of a Deputy Director, ex
officio:
 four representatives of the local authorities having jurisdiction
within the limits of the development area, to be elected by their
members from among themselves:
 the Transport Commissioner, Uttar Pradesh, or his nominee who
shall, not be below the rank of a Deputy Transport
Commissioner,ex officio:
 the -Chairman, State Electricity Board, Uttar Pradesh or his
nominee, ex officio:
 all the members of the House of the People and the State
Legislative Assembly whose constituencies include any part of the
development area:
 all members of the Council of States and the State Legislative
Council who have their residence in the development area:
 three members to be nominated by the State Government, one of
whom shall represent the interest of labour and one the interest of
industry and commerce in the development area.
33

.
 (3)For the purpose-of Clause (h) of Sub-section (2), the place of
residence of a member of the Council of States or the State
Legislative Council shall be deemed to be that mentioned in the
notification of his election or nomination. as the case may be. as
such member.
 An elected member under Clause (d) of Sub-section (2) shall hold
office for a term of three years from the date of his election to the
council' and shall be eligible for re-election:
 Provided that such term shall come to an end as soon as the
member ceases to be a member of the local body from which he
was elected.
 The Advisory Council, if any, in respect of a development area
other than that mentioned in Sub-section (2) shall consist of such
members as may be determined by the State Government by
general or special order in that behalf.
 The [Advisory Council), shall meet as and when called by the
Chairman:
 Provided that such meeting shall be held at least twice a year.
 7. Objects of the Authority.-
 The objects of the Authority shall be promote and secure the
development of the development area according to plan and for
that purpose the Authority shall have the Power to acquire, hold,
manage and dispose of land and other property, to carry out
building, engineering, mining and other operations, to execute
works in connection with the supply of water and electricity to
dispose of sewage and to provide and maintain other services and
amenities and generally to do anything necessary or expedient for
purposes of such development and for purposes incidental
thereto:
 Provided that save as provided In this Act nothing contained in this
Act shall be construed as authorising the disregard by the
Authority of any law for the time being in force.
34

. 8. Civil survey of, and master plan for the
development area:
 (1) The Authority shall, as soon as may be, prepare a master plan
for the development area.
 (2) The master plan shall-define the various zones into which the
development area may be divided for the purposes of
development and indicate the manner in which the land in each
zone is proposed to be used (whether by the carrying out thereon
of development or otherwise) and the stages by which any such
development shall be carried out; and
 serve as a basic pattern of framework within which the Zonal.
development plans of the various zones may be prepared.
 (3) The master plan may provide for any other matter which may
be necessary for the proper development of the development
area.
 9. Zonal Development plans.-
 (1) Simultaneously with the preparation of the master plan or as
soon as may be thereafter, the Authority shall proceed with the
preparation of a zonal development" plan for each of the zones
into which the development area may be divided.
 (2) A zonal development plan may-
 contain a site-plan and use-plan for the development of the
zone and show the approximate locations and extents of land uses
proposed in the zone for such things as public buildings and other
public works and utilities, roads, housing, recreation, industry,
business, markets, schools, hospitals and public and private open
spaces and other categories of public and private uses;
 specify the standards of population density and building density;
CHAPTER III
Master Plan and Zonal Development Plan
35

.
 9.A In particular, contain, provisions regarding all or
any of the following matters, namely-
 (i) the division of any site Into plots for the erection of buildings;
 (ii) the allotment or reservation of land for roads, open spaces,
gardens, recreation-grounds, schools, markets and other public
purposes:
 (iii)the development of any area Into a township or colony and the
restrictions and conditions subject to which such development may
be undertaken or carried out,
 (iv) the erection of buildings on any site and the restrictions and
conditions in regard to the open spaces to be maintained in or
around buildings and height and character of buildings:
 (v) the alignment of buildings of any site;
 (vi) the architectural features of the elevation or frontage of any
building to be erected on any site,
 (vii)the number of residential buildings which may be erected on
plot or site;
 (viii) the amenities to be provided in relation to any site or
buildings on such site whether before or after the erection of
buildings and the person or authority by whom or at whose
expense such amenities are to be provided:
 (ix)the prohibitions or restrictions regarding erection of shops.
work-shops, warehouses of factories or buildings of a specified
architectural feature or buildings designed for particular purposes
in the locality,
 the maintenance of walls, fences, hedges or any other structural or
architectural construction and the height at which they shall be
maintained:
 the restrictions regarding the use of any site for purposes other
than erection of buildings;
 any other matter which is necessary for the proper development of
the zone or any area thereof according to plan and for presenting
buildings being erected haphazardly, in such zone or area.
36

.
 10. Submission of plans to the State Government for
approval.-
 (1) In this section and in Sections 11, 12, 14 and 16 the word plan
means the master plan as well as the zonal development plan for a
zone
 (2) Every plan shall, as may be after its preparation be submitted by
tile Authority to the State Goverininent for approval and that
Government may either approve the plan without modification or
with out modifications as it may consider necessary or reject the
plan with directions to the Authority to prepare a fresh plan
according to such directions.
 11. Procedure to be followed in the preparation and
approval Plan.-
 (1) Before preparing any plan finally and submitting it to the 'Abate
Government for approval, the Authority shall prepare a plan in and
publish it by making a copy thereof available for inspection
publishing a notice in such form and manner as may be prescribed
by regulations made in that behalf inviting objections and
suggestions from any person person with respect to the draft plan
before such date as may be specified in the notice.
 (2) The Authority shall also give reasonable opportunity to
every local authority within whose local limits an land touched by
the plan is situated, to make any representation with respect to the
plan.
 (3) After considering all objections, suggestions and
representations", that may have been received by the Authority. the
Authority shall finally prepare the plan and submit it to the State
Government for its approval.
 (4) Subject to the foregoing provisions of this section. the State
Government may direct the Authority to furnish such information
as that Government may require for the purpose of approving any
plan' submitted to It under this section.
37

. 12-A. Maintenance and Improvement of facade of
certain buildings abutting arterial roads.-
 (1) Where in any developments area, any building occupied
wholly for non-residential purposes or partly for residential and
partly for non-residential purposes abuts an arterial road, the
occupier of such building, shall be bound to repair whitewash,
colour-wash or paint the facade of such building at his OM cost in
accordance with any bye laws made in that behalf.
 (2) Where the authority. with a view to ensuring symmetry with
any' colour-scheme or other specification made in that behalf
considers it necessary or expedient so to do, or where any occupier
fails to repair, white-wash, colour wash or paint the facade of any
building in accordance with Sub-section (1), it may by order require
that the said work sh.9.11 Le carried out by the Authority itself or
under Its direction, and may accordingly, also require the occupier
to pay the cost of such work to the Authority.
 (3) The cost of any work referred to in Sub-section (2) shall be
calculated on profit, no loss basis, and in case of any dispute
about the reasonableness of the amount required to be deposited,
the same shall be decided by the State Government, and subject
thereto,. the order of the Authority shall be final and shall not be
called in question in Court.
 (4) In case of non-payment by an occupier of the whole or part of
the cost of any work referred to in Sub-section (2), it shall, on the
certificate of the Vice-Chairman, be recoverable from the occupier
as arrears land revenue.
(CHAFITER III-A)
Arterial Roads In Development Area
38

CHAPTER IV
Amendxnent of the Master Plan and the
Zonal Development Plan
 13. Amendment of Plan.-
 (1) The Authority may make any amendments in the master plan
or the zonal development plan as it thinks fit, being
amendments which, in its opinion do not effect important
alteration in the character of the plan and which do not relate to
the extent of land uses or the standards of population density.
 (2) The State Government may make amendments in the
master plan or the zonal development plan whether such
amendments are of the nature specified in Sub-section (1) or
otherwise.
 (3) Before making any amendments in the plan, the Authority, or
as the case may be, the State Government shall publish a notice
in at least one newspaper having circulation in the development
area inviting objections and suggestions from any person with
respect to the proposed amendments before such date as may
be specified in the notice and shall consider all objections and
suggestions that may be received by the Authority or the State
Government.
 (4) Every amendment made under this section shall be
published in such manner as the Authority or the State
Government, as the case may be, may specify, and the
amendments shall come into operation either 3n the date of the
first publication or on such, other date as the Authority or the
State Government, as the case, may be, may fix.
 (5) When the Authority makes any amendments in the plan
under Sub-section (1) it shall report to the State Government the
full particulars of such amendments within thirty days of the
date c)n which such amendments come into operations.
39

.
 14. Development of land In the developed area.-
 (1) After the declaration of any area as development area under
Section 3, no development of -land shall be undertaken or
carried out or continued in that area by any person or body
(including a department of Government)- unless permission for
such development has been obtained in writing from the [Vice-
Chairman) in accordance with the provision of this Act.
 (2) After the coming into operation of any of the plans in any
development area no development shall be undertaken or
carried out or continued in that area unless such- development
is also in accordance, with such plans.
 (3) Notwithstanding anything contained In Sub-sections (1) and
(2), the following provisions shall apply in relation-to
development of land by any department of any State
Government or the Central Government or any local authority-
 when any such department or local authority intends to carry
out any development of land it shall inform the (Vice Chairman]
in writing of its intention to do so -giving full, particulars
thereof, including any plans and documents, at least 30 days
before undertaking such development;
 in the case of a department of any State Government or the
Central Government, if the (Vice-Chairman) has no objections it
should inform such department of the same within three weeks
from the date of receipt by it under Clause (a) of the
department's intention, and if the Vice-Chairman does'not make
any objection within the said period the department shall be
free to carry out the proposed development;
 where the C 4[Vice-Chairman) raises any objection to the
proposed development on the ground that the development is
not conformity with any Master Plan or Zonal Development Plan
prepared or intended to be prepared by it, or on any other
ground, such department or the local authority, as the case be,
shall-
CHAPFER V
Development of Lands
40

.
 15. Application for permission.-
 (1) Every person or body (other than any department of
Government or any local authority) desiring to obtain the
permission referred to in Section 14 shall make an application in
writing to the 3[Vice-Chairman in such form and containing such
particulars in respect of the development to which the Application
relates as may be prescribed by 4(bye-laws)
 (2) Every application under Sub-section (1) shall be
accompained by such fee as may be prescribed by rules.
 5[(2-A) The Authority shall be entitled to levy development fees
mutation charges, stacking. fees and water fees in such manner
and at such rates as may be prescribed.]
 6[Provided that the amount of stacking fees levied in respect of
an area which is not being developed or has not been developed.
by the Authority. shall be transferred to the local authority within
whose local limits such area Is situated.]
 (3) On the receipt of an application for permission under Sub-
section (1) the 7[Vice-Chairman] after making such Inquiry as It
considers necessary in relation to any matter specified in Clause
(d) of Sub-section (2) of Section 9 or in relation, to any other
matter, shall by order in writing. either grant the permission,
subject to such conditions, if any. as may be specified in the order
or refuse to grant such permission:
 Provided that before making an order refusing such permission
the applicant shall be given a reasonable opportunity to show
cause why the permission should not be refused:
 Provided further that the (Vice-chairman) may before passing any
order on such application give an opportunity to the applicant to
make any correction therein or to supply any further particulars or
documents or to make good any deficiency in the requisite fee
with a view to bringing it in conformity with, the relevant rules or
regulations.
41

.
 17. Compulsory acquisition of land.-
 (1) If in the opinion of the State Government any land is
required for the purpose of development or for any other
purpose, under this Act the State Government may acquire
such land under the Provisions of the Land Acquisition
Act,1894:
 Provided that any person from whom any land is so
acquired may after the expiration of a period of five years
room the date of such acquisition apply to the State
Government for restoration of that land to him on the
ground that the land has not been utilized within the
period for the purpose for which it was acquired, and if the
State Government is satisfied to that effect it shall order
restoration of the land to him on re-payment of the
charges which were incurred in connection with the
acquisition together with interest at the rate of twelve in
connection with the acquisition together with interest at
the rate of twelve per cent per annum and such
development charges as if any may have been incurred
after acquisition.
 (2) Where any land has been acquired by the State
Government, that Government may, after it has taken
possession of the land transfer the land to the Authority or
any local authority for the purpose for which the land has
been acquired on payment by Authority or the local
Authority of the compensation awarded under that Act and
of the charges incurred by the Government in connection
with the acquisition
CHAPTER VI
Acquisition and Disposal of Land
42

.
 20. Fund of the Authority.-
 (1) The Authority shall have an maintain its own fund to which
shall be credited-
 all moneys received by the Authority from the State Government
by way of grants, loans, advances or otherwise:
 (b) all moneys borrowed b the Authority from source y the State
Government by way of loans or debentures;
 all 1[fees, tolls and charges] received by the Authority under this
Act:
 all moneys received by the Authority from the disposal of lands,
buildings and other properties, movable and immovable and
 all moneys received by the Authority by way of rents and profits
or in any other manner or from any other source,
 (2) The fund shall be applied towards meeting the expenses
incurred by Authority in the administration of this Act and for no
other purpose;
 (3) Subject to any directions of the State Government, the
Authority may keep in current account of any Scheduled Bank
such sum of money out of its fund as it may think necessary for
meeting its expected currents requirement and invest any surplus
money in such manner as it thinks fit.
 (4) The State Government may, after due appropriation made by
Legislature by law in that behalf, make such grants, advances and
loans to the Authority as that Government may deem necessary
for the performance of the functions of the Authority under this
Act and all grants, loans and advances made shall be on such
terms and conditions as the State Government may determine.
 (5) The Authority may borrow money by way of loans
or, debentures from such sources (other than the State
Government) and on such terms and conditions as may be
approved by the State Government.
CHAPTER VII
Finance,Accounts and Audit
43

.
 25. Power of entry: -
 The Vice-Chairman of the Authority may authorise any person to
enter in or upon any land or building with or without assistants
or workmen for the purpose of-
 making any inquiry, inspection, measurement or survey or taking
levels of such land or building:
 examining works under construction and ascertaining the course
of sewers and drains.
 digging or boring into the sub-soil;
 setting out boundaries and intended lines of work;
 making such levels, boundaries and lines by placing marks and
cutting trenches;
 ascertaining whether any land is being or has been developed
without of the master plan Of zonal developed in contravention
of the master plan of zonel development plan or without the
permission referred to in Section 14 or in contravention of any
condition subject to which such permission has been granted; or
 doing any other thing necessary for the efficient administration of
this Act:
CHAPTER VIII
Supplemental and Miscellaneous Provisions
44

QUES.4- WHAT ARE THE VARIOUS CHAPTERS
OF NATIONAL BUILDING CODES? WRITE
SHORT NOTE ABOUT EACH CHAPTER?
 The National Building Code of India (NBC), a comprehensive
building Code, is a national instrument providing guidelines for
regulating the building construction activities across the country. It
serves as a Model Code for adoption by all agencies involved in
building construction works be they Public Works Departments,
other government construction departments, local bodies or private
construction agencies. The Code mainly contains administrative
regulations, development control rules and general building
requirements; fire safety requirements; stipulations regarding
materials, structural design and construction (including safety);
building and plumbing services; approach to sustainability; and
asset and facility management.
 The Code was first published in 1970 at the instance of Planning
Commission and then first revised in 1983. Thereafter three major
amendments were issued to the 1983 version, two in 1987 and the
third in 1997. The second revision of the Code was in 2005, to which
two amendments were issued in 2015.
 Due to large scale changes in the building construction activities,
such as change in nature of occupancies with prevalence of high
rises and mixed occupancies, greater dependence and complicated
nature of building services, development of new/innovative
construction materials and technologies, greater need for
preservation of environment and recognition of need for planned
management of existing buildings and built environment, there has
been a paradigm shift in building construction scenario.
Considering these, a Project for comprehensive revision of the Code
was taken up under the aegis of the National Building Code
Sectional Committee, CED 46 of BIS and its 22 expert Panels;
involving around 1 000 experts. As a culmination of the Project, the
revised Code has been brought out in 2016 as National Building
Code of India 2016 reflecting the state-of-the-art and
contemporary applicable international practices.
45

.
 The comprehensive NBC 2016 contains 12 Parts some of which are
further divided into Sections totalling 33 chapters (see Annex 1). The
salient features of the revised NBC (see Annex 2) include, apart from
other changes made, the changes specially in regard to further
enhancing our response to meet the challenges posed by natural
calamities. The major changes incorporated in this third revision of
the Code are as follows:
 a) Provisions for association of need based professionals and
agencies have been updated to ensure proper discharge of
responsibilities for accomplishment of building project.
 b) With a view to ensuring ease of doing business in built
environment sector, a detailed provision for streamlining the
approval process in respect of different agencies has been
incorporated in the form of an integrated approval process through
single window approach for enabling expeditious approval process,
avoiding separate clearances from various authorities.
 c) Further, with a view to meeting the above objective, the provision
on computerization of approval process has been detailed,
enabling online submission of plans, drawings and other details, and
sanction thereof, aiding in speedier approval process
 d) The mechanism of ensuring certification of structural safety of
buildings by the competent professional and peer review of design
of buildings, have been further strengthened.
 e) Requirements for accessibility in buildings and built
environment for persons with disabilities and the elderly have
been thoroughly revised and updated.
 f) Provisions on fire and life safety have been thoroughly revised to
meet the challenges of modern complex building types including the
high rises.
 g) Latest structural loading and design and construction codes
including those relating to wind load,earthquake resistant
design of buildings, steel design and foundations have been
incorporated with a view to ensuring structural safety of buildings
including against a disaster.
46

.
 h) Provisions relating to all building and plumbing services have
been updated keeping also in view the latest international practices
as related to the country.
 j) Provisions have been updated to ensure utilization of number
of new/alternative building materials and technologies to
provide for innovation in the field of building construction.
 k) Construction management guidelines have been incorporated
to aid in timely completion of building projects with desired quality
in a safe manner within the budgeted cost.
 m) Guidance has been provided for making buildings and built
environment energy efficient and environmentally compatible,
through the newly introduced and updated chapter on
sustainability, namely Part 11 'Approach to Sustainability'
 n) New chapters have been added on structural use of glass;
escalators and moving walks; information and communication
enabled installations; solid waste management; and asset and
facility management.
Annex 1
CONTENTS OF NBC 2016
VOLUME 1
 PART 0 INTEGRATED APPROACH – A PRE-REQUISITE FOR
APPLYING THE PROVISIONS OF THE CODE
 PART 1 DEFINITIONS
 PART 2 ADMINISTRATION
 PART 3 DEVELOPMENT CONTROL RULES AND GENERAL
BUILDING REQUIREMENTS
 PART 4 FIRE AND LIFE SAFETY
 PART 5 BUILDING MATERIALS
47

.
 PART 6 STRUCTURAL DESIGN
 Section 1 Loads, Forces and Effects
 Section 2 Soils and Foundations
 Section 3 Timber and Bamboo
 3A Timber
 3B Bamboo
 Section 4 Masonry
 Section 5 Concrete
 5A Plain and Reinforced Concrete
 5B Prestressed Concrete
 Section 6 Steel
 Section 7 Prefabrication and Systems Building and
Mixed/Composite Construction
 7A Prefabricated Concrete
 7B Systems Building and Mixed/Composite Construction
 Section 8 Glass and Glazing
VOLUME 2
 PART 7 CONSTRUCTION MANAGEMENT, PRACTICES AND
SAFETY
 PART 8 BUILDING SERVICES
 Section 1 Lighting and Natural Ventilation
 Section 2 Electrical and Allied Installations
 Section 3 Air Conditioning, Heating and Mechanical
Ventilation
 Section 4 Acoustics, Sound Insulation and Noise Control
 Section 5 Installation of Lifts and Escalators and Moving Walks
48

.
 5A Lifts
 5B Escalators and Moving Walks
 Section 6 Information and Communication Enabled Installations
 PART 9 PLUMBING SERVICES (INCLUDING SOLID WASTE
MANAGEMENT)
 Section 1 Water Supply
 Section 2 Drainage and Sanitation
 Section 3 Solid Waste Management
 Section 4 Gas Supply
 PART 10 LANDSCAPE DEVELOPMENT, SIGNS AND OUTDOOR
DISPLAY STRUCTURES
 Section 1 Landscape Planning, Design and Development
 Section 2 Signs and Outdoor Display Structures
 PART 11 APPROACH TO SUSTAINABILITY
 PART 12 ASSET AND FACILITY MANAGEMENT
49

Annex 2
Salient Features of National
Building Code 2016 (NBC 2016)
 1) Detailed provision for streamlining the approval process in
respect of different agencies in the form of an integrated approval
process through single window approach thereby avoiding
separate clearances from various authorities, with a view to
ensuring ease of doing business in built environment sector.
 2) Progressive computerization of approval process, for enabling
online submission of plans, drawings and other details, and
sanction thereof.
 3) Updated mechanism of ensuring certification of structural
safety of buildings by the competent professional and peer review
of design of buildings.
 4) Defining the roles and responsibilities of all professionals and
contractors involved in a building construction project.
 5) Comprehensive planning norms for minimum amenities to be
provided in a city/town.
 6) Detailed provisions relating to requirements for accessibility in
buildings and built environment for persons with disabilities and
the elderly.
 7) Planning and development norms, such as, Transferable
Development Rights (TDR) and Accommodation Reservation (AR).
 8) Provisions for underground or multi-storeyed parking as also
mechanized parking of vehicles.
 9) Norms for solar energy utilization.
 10) Requirements for buildings on podium for ensuring fire and
life safety in such buildings.
 11) Fire and life safety in modern complex buildings including the
high rises, glazed buildings, atria, commercial kitchen and car
parking facilities.
50

.
 12) Updated structural design provisions for wind and seismic
loads, imposed load due to helipad, and blast loads, for safe design
and construction of buildings with due focus on ductile detailing.
 13) Latest research and development inputs and provisions on
concrete, steel and masonry buildings with a view to
ensuring disaster resilient buildings.
 14) Assessment of liquefaction potential of a site and ground
improvement techniques for maximum utilization of land resources
including at seismically vulnerable sites.
 15) Updated provisions on engineered use of bamboo in
housing and other building construction.
 16) Promotion of use of agricultural and industrial
wastes including construction and demolition wastes in building
construction without compromising the quality and safety.
 17) Inclusion of provisions on self compacting concrete, high
performance concrete and steel fibre reinforced concrete.
 18) Updated provisions on prefabricated construction
technique for speedier construction.
 19) New chapter on structural use of glass in buildings.
 20) New and alternative building materials, and technologies for
building construction such as, reinforced masonry, confined
masonry building construction and masonry wall construction using
rat-trap bond.
 21) Construction project management guidelines for timely
completion of building projects within the budgeted cost with
desired quality.
 22) Habitat and other welfare requirements for workers at
construction site.
 23) Inclusion of modern lighting techniques such as LED and
induction light and their energy consumption.
 24) New provisions on compact substations and updated provisions
on installation of energy meters.
 25) Comprehensive provisions relating to lightning protection of
buildings.
51

.
 26) Provisions on aviation obstacle lights; electric vehicle
charging and car park management.
 27) Protection of human beings from electrical hazards and against
fire in the building due to leakage current.
 28) Use of refrigerants for air conditioning addressing zero ozone
depletion potential (ODP) and ultra-low global warming
potential (GWP).
 29) Inclusion of new and energy efficient options of air
conditioning, heating and mechanical ventilation, such as variable
refrigerant flow system, inverter technology, district cooling system,
hybrid central plant using chilled beams, radiant floor components,
and geo-thermal cooling and heating.
 30) Thrust on envelope optimization using energy modelling, day
lighting simulation, solar shade analysis and wind modelling software
to optimize the air conditioning load.
 31) Air conditioning, heating, and ventilation (HVAC) provisions
considering adaptive thermal comfort conditions for energy
efficiency.
 32) Provisions pertaining to metro trainways and metro
stations with respect to fire and life safety; and air conditioning,
heating and ventilation for metro stations.
 33) HVAC requirements for data centres and healthcare facilities;
refrigeration for cold stores; efficient strategies for winter heating
using reverse cycle operation, solar heating systems, ground source
heat pump and electric heat pump; and modern system of
mechanical ventilation for industries, commercial kitchen and
underground car parking.
 34) Updated provisions on building automation system to include
the latest practices for web-based monitoring and control of
performance parameters.
 35) High speed lifts for tall buildings.
52

QUES.6- DISCUSS THE KEY POINTS OF
CMDA RULES IN DETAILS?
 The Latest Building Regulations (also called Development Control
Regulation of DCR) as defined and amended by CMDA periodically
for Residential Building is framed based on infrastructure
limitation, width of road, quality of street life, quality of life for
inhabitants, safety, holding capacity, detail development plan, area
development plan etc…
 At a document level, CMDA does not have a booklet specifically for
residential buildings. However, CMDA puts all the rules together.
This may make life difficult for millions of individuals who want to
look for only for their building type (like residential, flats, office,
commercial, institutional etc…) We have tabled below only the
relevant parts for your understanding. We suggest that you look at
the official CMDA site for updated and accurate information.
 So if you are planning to build an apartment complex, adhering to
the rules mentioned below, you are more likely to get your
building plan approved easily and quickly. CMDA has introduced
the Green Channel of approval for some particular types of
development that would save you time!
CMDA Building Regulation for Residential
Apartments / Individual Houses.
 Planning Parameters:
 The extent of the site, plot coverage, FSI, set back etc. for the
developments shall be regulated according to the tables below:
 Table (1) Ordinary Residential Buildings and other
small developments.
 Ordinary residential / predominantly residential buildings, Clinics,
dispensaries, nursing homes with floor area not exceeding 300
sq.m. and G+1 floor in height.
53

.
 Working women hostels / old age homes with floor area not
exceeding 500 sq.m. and G+1 floor in height.
 Corporate / Institution Guesthouses with floor area not exceeding
300 sq.m. and G+1 floor in height.
 Cottage industries (with number of workers not exceeding 8 and
electric machineries not exceeding 5 H.P.) with floor area not
exceeding 300 sq.m. and G+1 floor in height
 Nursery schools, primary schools with floor area not exceeding 300
sq.m.

 Reading rooms, libraries, Post office, EB Office, telegraphic office,
Local body maintenance offices with floor area not exceeding 300
sq.m
54

.
Sources of information………utter
pardesh urban development, national
building code 2016,cmda,council of
architects………..
60

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