PM Act 193Chapter X · Bye Laws

Section 193 · [ Powers of committee to sanction or refuse erection or re-erection of building. [Substituted by Punjab Act No. 3 of 1933, section 76, Amendments introduced in this section by Punjab Act No. 2 of 1931, item 13, Schedule II, as amended by Punjab Act No. 2 of 1934, have been indicated.]

(1)

The committee [or the Executive Officer as the case may be], shall refuse to sanction the erection or re-erection of any building in contravention of any bye-law made under sub-section (1) of section 190 or in contravention of any scheme sanctioned under sub-section (3) or sub section (4) of Section 192 unless it be necessary to sanction the erection of a building in contravention of such a scheme owing to the committee's inability to pay compensation as required by section 174 for the setting back of a building.[(1-a) When the erection or re-erection of a building is likely, in the opinion of the Committee [or the Executive Officer, as the case may be] [Inserted by Punjab Act No. 17 of 1908.] to interfere with the enforcement of a scheme proposed under section 192, the Committee may refuse its sanction and in such case shall communicate its refusal in writing together with the grounds therefor, to the applicant within sixty days of the receipt of his application, and the applicant may thereafter by written notice require the committee to proceed with the preparation of the proposed scheme with all possible speed. The application shall be deemed to have been sanctioned if an order of refusal is not passed by the committee [or the Executive Officer as the case may be] [Inserted by Punjab Act No. 2 of 1931, item 13(a) Schedule II, as amended by Punjab Act No. 2 of 1934 and East Punjab Act No. 17 of 1948, in the case of those municipalities to which Punjab Act No. 2 of 1931, applies.] within the time specified above, or if the proposed scheme has not received the sanction of the State Government within twelve months of the date of delivery of the applicant's written notice hereinbefore referred to :Provided that should a resolution refusing such sanction be suspended under section 232, the period prescribed above shall commence to run afresh from the date of communication of final orders by [***] [The words 'the Commissioner or' omitted, by Punjab Act No. 34 of 1953.] the State Government under section 235.]Explanation. - A scheme shall be deemed to have been proposed under section 192 if a requisition for its preparation has been received by the committee from the [Deputy Commissioner] [Substituted 'Commissioner' by Punjab Act No. 34 of 1953.] or if the preparation of the scheme is under the consideration of the committee.

(2)

The committee [or Executive Officer, as the case may be] [Inserted by Punjab Act No. 2 of 1931, item 13, Schedule II, as amended by Punjab Act No. 2 of 1934, in case of those municipalities to which Punjab Act No. 2 of 1931 applies.] may refuse, to sanction the erection or re-erection of any building for any other reason, to be communicated in writing to the applicant, which it [or he as the case may be] [Inserted by Punjab Act No. 2 of 1931, item 13 Schedule II, as amended by Punjab Act No. 2 of 1934, in case of those municipalities to which Punjab Act No. 2 of 1931 applies.] deems to be just and sufficient as affecting such building, be if the land, on which it is proposed to erect or re-erect such building [is vested in the government or in the committee] [Substituted for the words 'is Government property vests in the Committee' by the Government of India (Adaptation of Indian Laws) Order, 1937.], and the [consent of the Government] [Substituted for the words 'consent of Government or the Committee' by the Government of India (Adaptation of Indian Laws), Order, 1937.] concerned or, as the case may be, of the committee has not been obtained, or if the title to the land is in dispute between such person and the committee [or any Government] [Substituted for the words 'or the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937.].

(3)

Subject to the provisions of sub-section (1) the committee [or the Executive Officer, as the case may be] [Inserted by Punjab Act No. 2 of 1931, item 13 Schedule II, as amended by Punjab Act No. 2 of 1934, in case of those municipalities to which Punjab Act No. 2 of 1931 applies.] may sanction the erection or re- erection of any building either absolutely or subject to such modifications in accordance with the bye-laws and rules as it [or he as the case may be] may deem fit.

(4)

Notwithstanding anything contained in sub-section (1) or sub- section (2) but subject to the provisions of sub-section (2) of section 190 [and sub section (1-a) of this section] [Inserted by East Punjab Act No. 17 of 1948.] if the committee [or the Executive Officer as the case may be] [Inserted by Punjab Act No. 2 of 1931, item 13 Schedule II, as amended by Punjab Act No. 2 of 1934, in case of those municipalities to which Punjab Act No. 2 of 1931 applies.] neglects or omits within sixty days of the receipt from any person of a valid notice of such person's intention to erect or re- erect a building, or within one hundred and twenty days, if the notice relates to a building on the same or part of the same site, on which sanction for the erection of a building has been refused within the previous twelve months, to pass orders sanctioning or refusing to sanction such erection or re-erection, such erection or re- erection shall, unless the land on which it is proposed to erect or re-erect such buildings belongs to or vests in the committee, be deemed to have been sanctioned, except in so far as it may contravene any bye-law, or any building or town planning scheme sanctioned under section 192.Provided that should a resolution conveying or refusing such sanction be suspended under section 232, the period prescribed by clause (4) shall commence to run afresh from date of communication of final orders by [***] [The words the Commissioner 'or' omitted by Punjab Act No. 34 of 1953.] the State Government under section 235.Provided further that if not less than one-fifth of the members present vote against a resolution conveying sanction, the sanction shall be deemed not to have been conveyed until after the lapse of fourteen days from the passing of the resolution.]

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