LexThe Gujarat Building (Control on Erection 4Re-erection and conversion) Act, 1948
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT No. XXXI OF 1948.
THE GUJARAT BUILDING
(CONTROL ON ERECTION, RE-
ERECTION AND
CONVERSION) ACT, 1948.
(As modified up to the 31st May, 2012)
[1948: Bom. XXXI Gujarat Building (Control on Erection, Re-erection and Conversion)
Act, 1948.
THE GUJARAT BUILDING (CONTROL ON ERECTION, RE-ERECTION
AND CONVERSION) ACT, 1948.
(Bom. Act No. XXXI of 1948)
CONTENTS.
PREAMBLE.
SECTIONS. PAGE NO.
1. Short title and extent.
2. Definitions.
3. Appointment of Controllers of Buildings.
4. Application for permission to erect or re -erect buildings or to continue to erect or re -
erect building or for conversion.
5. [Deleted]
6. Right of appeal.
7. Bar of compensation.
8. Saving of other enactments.
9. Penalties.
10. Offence by companies, etc.
11. Power of entry, etc.
12. Protection of persons acting under this Act.
13. Savings.
14. Power to make rules.
14A. Delegation of Controller's powers to Housing Board constituted under Guj. Act
XXXVIII of 1961.
15. Repeal.
SCHEDULE.
1948: Bom. XXXI] Gujarat Building (Control on Erection, Re-erection and Conversion)
Act, 1948.
BOMBAY ACT No. XXXI OF 1948.1
[ THE *[GUJARAT] BUILDING (CONTROL ON ERECTION, RE-ERECTION AND
CONVERSION) ACT, 1948.]
[10th April, 1948]
Amended by Bom. 69 of 1948.
Amended by Bom. 15 of 1950
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom. 53 of 1953.
Amended by Bom. 58 of 1954.
Amended by Bom. 28 of 1961.
An Act to provide for the control on 2[erection, re-erection ad conversion] of
buildings in the Province of Bombay.
WHEREAS with a view to providing better housing accommodation and securing
economic and orderly building development 3[and the proper locat ion of buildings erected or
re-erected for the purpose of public amusements and industrial under -takings to avoid
overcrowding and nuisances] it is necessary to provide for the control on the erection and re -
erection of building in the Province of Bombay 3 [and their conversion] and for certain other
purpose : It is hereby enacted as follows:-
1. (1) This Act may be called the *[Gujarat] Building (Control on Erection 4[Re-
erection and conversion]) Act, 1948.
(2) It extends to the areas specified in the Schedule.
(3) The 5[State] Government may, by notification in the Official Gazette, direct that it
shall also extend to any other area specified in such notification.
6 * * * * * * * *
7[(4) In the areas to which this Act extends for the time being, the provisions thereof
shall, after the date of the commencement of the Bombay Building (control on
Erection) (Amendment) Act, 1950, apply only to building which are intended to be
used for the purpose of a theatre, a cinema or any other place of public amusement :
Provided that in the City of Bombay, the Bombay Suburban District and the
Thana Taluka of the Thana District, the said provisions shall after the aforesaid date
also to buildings intended to be used for and industrial undertaking.]
9[Provided further that the State government may by notification in the
Official Gazette direct that the provisions of this Act shall apply to such areas, such
of the aforesaid classed of buildings and from such date as may be specified in the
notification.]
2. In this Act, unless there is anything repugnant to the subject or context,—
(i) " building '' means a house, out -house, stable, shed, hut and every other structure,
involving use of bricks, cement, asbestos cement sheets, iron, steel or any other
material which the 10[State] Government may by notification in the Official Gazette
specify.
Explanation.—Use of iron or steel by way of nails or screws or doors,
windows and fastenings shall not be deemed to be use of iron or steel within the
meaning of this definition.
Short title, 8[extent
and application.]
Bom. XV of 1950.
Definitions.
[1948: Bom. XXXI Gujarat Building (Control on Erection, Re-erection and Conversion)
Act, 1948.
(ii) " Controller " means the person appointed as such under section 3 ;
11[(ii-a) " conversion of a building '' means to use or permit to be used for the,
purpose, of an industrial undertaking, any building to which this Act, applies, which
was erected, re-erected, or used, or intended to be used, for any other purpose ; and "
to convert " shall be construed accordingly :
Provided that a building shall not be deemed to be used or permitted to be
used for an industrial undertaking by reason only of its being used as a godown,
storehouse, or warehouse but any change in the use of such building for the purpose
of any other industrial undertaking shall be deemed to be a conversion of the same.]
(iii) " erection or re-erection of a building " includes any alteration to, or enlargement
of, or addition to, any building and the expression " erect or re-erect a building " shall
be construed accordingly ;
(iv) " prescribed " means prescribed by rules made under this Act ;
12[* * * * * *]
3. The 10[State] Government may, by notification in the, Official Gazette, appoint for any
area, one or more persons to be the Controllers of Buildings for the purposes of this Act.
4. (1) Every person desiring to commence the work of erection or re -erection of a
building or to continue the work of erection or re -erection of a building commenced
before the date on which this Act has come into force 13[and every person desiring to
convert a building] shall make an application in writing to the Controller for
permission to do so. The application shall be in such form and contain such
information in respect of the building to which the application relates as may be
prescribed.
(2) On r eceipt of such application the Controller, after making such enquiry as he
considers necessary, shall, 14[subject, to such general or special orders as the State
Government may make in this behalf,] by after in writing either-
(a) grant the permission sub ject to such conditions, if any, as may be
specified in the order ; or
(b) refuse to grant, such permission;
16[* * * * * *]
(3) If at the expiration of a period of 17[three months] after an application under sub -
section (1) has been received by the Controller no order in writing has been passed b
the Controller permission shall be deemed to have been granted without imposition
of any condition.
5. [Revocation or modification of permission by State Government. ] Deleted by Bom. 53 of
1953, s. 7.
6. (1) Any person aggrieved by an order of the Controller under sub -section (2) of
section 4 may, within thirty days from the date of the ho communication of such
order to him, prefer an appeal to the 18[State] Government.
(2) The order of the, 18[State] Government on appeal shall be final.
7. No compensation shall be claimed by any person for any damage or loss sustained by him
in consequence of—
(a) any order of the Controller under sub-section (2) of section 4 ; or
Appointment of
Controllers of
Buildings.
Application for
permission to
erector re-erect
buildings, or to
continue to erect or
re-erect building
15[or for con-
version).
Right of appeal.
Bar of
Compensation.
1948: Bom. XXXI] Gujarat Building (Control on Erection, Re-erection and Conversion)
Act, 1948.
(b) any order passed by the, 18[State] Government under section 19* * * 6; or
(c) anything which is in good faith done or intended to be done under this Act.
8. Nothing in this Act shall affect the power of any authority to im pose restrictions upon the
erection or re -erection of a building, 20[or the conversion of a building] under any other
enactment for the time being in force.
9. (1) No work of 21[erection, re -erection or conversion] of a building shall be
commenced, continued or carried out without the permission of the Controller
granted under section 4 or 22[in contravention of any conditions imposed by an order
under section 4 or 6.]
23[(2) Where any work of erection, re -erection or conversion of a building is
commenced, continued or carried out in contravention of sub -section (1), the person
at whose expense the, work of erection, re -erection or conversion of the building is
commenced, continu ed or carried out and any other person undertaking the
commencement, continuance or carrying out of such work and any architect,
engineer or other person employed in an advisory or supervisory capacity in the
commencement, continuance or carrying out of su ch work shall, on conviction, be
punished with imprisonment for a term which may extend to three months or with
fine which may extend to one thousand rupees or with both.]
(3) Any court trying an offence under sub -section (2) may order the forfeiture to
24[Government] of all materials which the court is satisfied were collected, purchased
or otherwise obtained for the work of erection or re-erection.
10. Where a person, committing an offence under this Act is a company, or other body
corporate, or an association of persons (whether incorporated or not), every person, who at the
time of the commission of the offence was a director, manager, secretary, agent, or other
officer or person concerned with the management thereof shall, un less he proves that the
offence was committed without his knowledge or consent, be liable to the punishment
provided for the offence.
11. (1) Any person not below the rank of a Gazetted Officer authorised in this behalf by
the 25[State] Government by general or special order may—
(a) enter and inspect any land on which he has reason to believe that the
work of 26[erection or re -erection or conversion] of a building is being
commenced, continued or carried out in contravention of the provisions of
this Act;
(b) ask any person such questions as he deems necessary for carrying out the
purposes of this Act;
(c) ask any person at whose expense the work of erection or re -erection 27[or
conversion of a building] is commenced, continued or carried out or any
person engaged in the carrying out of such work to produce or furnish such
books or documents or other information being documents or information in
his possession, relating to such work ;
(d) seize any material which he has reason to believe have been, collected,
purchased or otherwise obtained for the work of erection or re -erection of a
building in contravention of the provisions of this Act and subject to the
provisions of sub -section (3) of section 9 dispose of them in the prescribed
manner.
(2) Whoever voluntarily obstructs any person authorised under sub -section (1) in the
exercise of any powers conferred by that, sub -section or refuses to answer or wilfully
Saving of other
enactments.
Penalties.
Offence by
companies etc.
Power of entry, etc.
[1948: Bom. XXXI Gujarat Building (Control on Erection, Re-erection and Conversion)
Act, 1948.
gives a false answer to any question asked of him or refuses to produce or furnish any
books, documents or other information as required under the said sub -section 28[shall,
on conviction, be punished] with imprisonment for a term which may extend to three
months or with fine which may extend to five hundred rupees or with both.
12. No suit, prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done under this Act.
13. Nothing in this Act shall apply to —
(a) alterations in a building 29[not being a conversion and] not involving increase in
the existing plinth area or roof area or in the total height of the building";
(b) re-erection of a dilapidated part of a building 30 [not being a conversion and] not
involving re-erection of the whole building or, in the case of a storeyed building) of
the whole storey;
(c) 31*** furnaces, fire -places, flues, chimneys, washing places, drainage lines,
latrines, urinals, septic tanks or manholes and inspection chambers for drains ;
(d) storage tanks or wells;
(e) boundary walls, compound walls and fencings;
(f) the erection 32[re-erection or conversion of a building]—
(i) which is undertaken or carried out on behalf of the Government of a local
authority or in pursuance of a contract with the Government or a local
authority, or
(ii) the cost of which, or any part of the, cost of which, the Government or a
local authority has agreed to pay.
14. (1) The 33[State] Government may, by notification in the Official Gazette, make rules
to carry into effect the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for—
(i) the form of application and the information to be supplied under sub -
section (1) of section 4 ;
(ii) the manner in which persons authorized under sub -section (1) of section
11 shall exercise their powers and dispose of the materials seiz ed under
clause (d) of the said sub-section.
34[14A. Notwithstanding anything contained in this Act, the State Government may direct that
the powers conferred and duties imposed upon the Controller under this Act, shall in the area
in. which the Gujarat Housing Board Act, 1961, has come into force, be exercised and
performed by the Housing Board constituted under the said Act.]
15. (1) The Bombay Building (Control on Erection) Ordinance, 1948, is hereby repealed;
and, it is hereby declared that the provisions of sections 7 and 25 of th e Bombay
General Clauses Act, 1904, shall apply to the repeal as if that Ordinance were an
enactment.
(2) Notwithstanding the repeal of the said Ordinance, any application made under
sub-section (1) of section 4 of that Ordinance prior to the commencement of this Act
shall be deemed to have been made under the corresponding provision of this Act:
Protection of
persons acting
under this Act.
Savings.
Power to make
rules.
Guj. Act XXXVIII
of 1961.
Delegation of
Controller's powers to
Housing Board
constituted under Guj.
Act XXVIII of 1961.
Repeal.
Bom. Ordinance
No. I of 1948.
Bom. I of 1904.
1948: Bom. XXXI] Gujarat Building (Control on Erection, Re-erection and Conversion)
Act, 1948.
Provided that the period of one month mentioned in sub -section (3) of
section 4 of this Act shall be deemed to commence and run from the date on which
such application was received by the Controller.
SCHEDULE.
1. The City of Bombay.
2. The Bombay Suburban District,
3. The Thana Taluka of the Thana District,
35 * * * * * *
---------------------------------------
*The word “Gujarat” was substituted for the word “Bombay” by Guj. 15 of 2011.
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1948. Pt. V, page
157.
Section 6 of the Bombay Building (Control on Erection) (Amendment) Act, 1950 (Bom. 15
of 1950), reads as under :-
6. The amendments made in the said Act by this Act shall not affect:-
(1) any right, obligation or liability already acquired, accrued or incurred before the
commence ment of this Act, or
(2) any penalty, forfeiture or punishment incurred in respect of any offence committed before
the commencement of this Act, or
(3) any legal proceeding or remedy in respect of any such right, obligation, liability, penalty
forfeiture or punishment or anything done or suffered before the commencement of this Act,
and any such legal proceeding or remedy may be instituted, continued or enforced, and any
such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed.
Savings.
2 These words were substituted for the words “erection and re-erection”, by Bom. 53 of 1953,
s.2.
3 This portion was inserted, by Bom. 53 of 1953, s.3.
4 These words were inserted, by Bom. 53 of 1953, s. 4 (1).
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 The words beginning with the words “The Provincial Government may further” and ending
with the words “in the notification” were deleted by Bom. 15 of 1950, s.2 (1).
7 This sub-section was inserted, by Bom. 15 of 1950, s. 2 (2).
8 These words were substituted for the words “ and extent”, by Bom. 53 of 1953, s.2. (3).
9 This proviso was added by Bom. 53 of 1953, s.4 (2).
10 This word was substituted for the word “Provincial” by the Adaptation of Laws Order,
1950.
11 This clause was inserted by Bom. 53 of 1953, s.5.
12 Clause (v) was deleted by Bom. 5 of 1950, s.3.
13 These words were inserted by Bom. 53 of 1953, s. 6 (1).
[1948: Bom. XXXI Gujarat Building (Control on Erection, Re-erection and Conversion)
Act, 1948.
14 These words were inserted, by Bom. 53 of 1953 s. 6 (2).
15 These words were added, by the Adaptation of Laws Order, 1950, s. 6(3).
16 Proviso and Explanation sub-section (2) were deleted by Bom. 15 of 1950, s.4.
17 These words were substituted for the words “One month” by Bom. 58 of 1954, s. 2,
Schedule.
18 This word was substituted for the word " Provincial " by the Adaptation of Laws Order,
1950.
19 The figure and word " 5 or " were deleted by Bom. 53 of 1953, s. 8.
20 These words were inserted, by Bom. 53 of 1953, s. 9.
21 These words were substituted for the words " erection or re-erection", by Bom. 53 of 1953,
s. 10 (1).
22 This portion was substituted for the portion beginning with the words " after such
permission" and ending with the figures and word " 5 or 6 '', by Bom. 53 of 1953.
23 This sub-section was substituted for the original by Bom. 53 of 1953, s.10 (2).
24 This word was substituted for the words " His Majestry " by the Adaptation of Laws Order,
1950.
25 This Word was substituted for the word "Provincial " by the Adaptation of Laws Order,
1950.
26 These words were substituted for the words "erection or re-erection " by Bom. 53 of 1953,
s. 11 (1).
27 These words were inserted, by Bom. 53 of 1953.
28 These words were substituted for the words " shall be punishable" by Bom. 53 of 1953,
s.1(2).
29 These words were inserted, by Bom. 53 of 1953, s. 12 (1).
30 These words were inserted, by Bom. 53 of 1953, s. 12 (2).
31 The words "machinery foundations" were deleted by Bom. 53 of 1953, s.12 (3).
32 These words were substituted for the words " or re-erection of a building", by Bom. 53 of
1953, s. 12 (4).
33 This word was substituted for the word " Provincial" by the Adaptation of Laws Order,
1950.
34 Section 14A was inserted by Guj. 28 of 1961, s.85
35 Entries 4 to 6 were deleted by Bom. 15 of 1950, s.5.