Executive Officer Municipal Executive Officer o r other than in conformity with
the conditions of such permission :
Inspection of building.
Permission in case of
non-residential uses of
premises.
Conditions for grants
of permission.
Power to prohibit
change of authorized
use of building.
(a) use or permit to be used for the purpose of human habitation any
building or part thereof not originally erected or authorized to be used
for such purpose,
(b) change or all ow the change of the use of building for any purpose
other than that specified in the sanctioned plan,
(c) Change or allow the change of the use of any building erected before
the commencement of this Act contrary to the use for which such
erection was originally sanctioned or to use to which such building was
actually put.
(d) convert or allow the conversion of a tenement within a building to an
occupational use, other than fire use intended in the original sanctioned
plan or materially alter, enlarge or extend such
(2) If, in any case such permission is given no change of occupancy or use
shall be allowed before necessary alterations or provisions have been made to
the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive
Officer and in accordance with the provisions of this Act and the rules and the
regulations made there under and any other law for the time being in force.
(3) Any change of use made before the commencement
of this Act, except in so far as such use is permissible under the provisions of
an earlier State law on the subject in force before the commencement of this
Act, shall not be deemed to be a change in contravention of the provisions of
this Act.
(4) Without prejudice to any other action that may be taken against any
persons, whether owner or occupier contravening any provision of this section,
the Municipality may levy on such person such fine, not exceeding in each
case rupees one hundred per square meter per month for the area under
unauthorized use throughout the period during which such contravention
continues as maybe provided by regulations.
(5) The Chief Municipal Executive Officer/ Municipal Executive Officer may if
he deems fit order that such unauthorized used be stopped forthwith:
Provided that before making any such order, he shall give a reasonable
opportunity to the person affected to show cause why such order shall not be
made.
(6) Any person aggrieved by an order of the Chief Municipal Executive Officer/
Municipal Executive Officer under sub-section (5) may within thirty days from
the date of the order, prefer an appeal against the order to the Municipal
Building Tribunal whose decision in the matter shall be final and conclusive.
(7) When an ap peal is preferred under sub -sec (6) the Municipal Building
Tribunal or Municipality as the case may be may stay enforcement of the order
made by the Chief Municipal Exe cutive Officer/ Municipal Executive Officer
under sub-section (5) on such terms for such period as it may think fit.
(8) Save as otherwis e provided in this section no c shall entert ain any suit ,
application or o proceeding for any relief or injunction, restrain the Chief
Municipal Executive Officer / Municipal Executive Officer or the Municipal
Building Tribunal or the Municipality from taking any a( or making any order in
pursuance of the provision of this section.
Explanation :- For the purpose of chapter "unauthorized use" shall mean
change conversion of a building withou t sanction for one occupancy or use
group to another occupancy or use group re ferred to in sub -sec(2) of
section339.
Section 367 • Arunachal Pradesh Municipal Act, 2007
Section 367. (l) No person shall without the permission in writing of the Chief Municipal
arunachal-pradesh-municipal-act-2oo7-act-no-4-of-2008-sec-367.json
•
Section 367
{
"act_title": " Arunachal Pradesh Municipal Act, 2007",
"act_slug": "arunachal-pradesh-municipal-act-2oo7-act-no-4-of-2008",
"section_label": "Section",
"section": {
"number": "367",
"title": "Section 367. (l) No person shall without the permission in writing of the Chief Municipal",
"chapter": null,
"content": "Executive Officer Municipal Executive Officer o r other than in conformity with \nthe conditions of such permission : \n \n \n \n \nInspection of building. \n \n \n \n \n \n \n \n \nPermission in case of \nnon-residential uses of \npremises. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nConditions for grants \nof permission. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to prohibit \nchange of authorized \nuse of building. \n \n\n \n(a) use or permit to be used for the purpose of human habitation any \nbuilding or part thereof not originally erected or authorized to be used \nfor such purpose, \n(b) change or all ow the change of the use of building for any purpose \nother than that specified in the sanctioned plan, \n(c) Change or allow the change of the use of any building erected before \nthe commencement of this Act contrary to the use for which such \nerection was originally sanctioned or to use to which such building was \nactually put. \n(d) convert or allow the conversion of a tenement within a building to an \noccupational use, other than fire use intended in the original sanctioned \nplan or materially alter, enlarge or extend such \n \n(2) If, in any case such permission is given no change of occupancy or use \nshall be allowed before necessary alterations or provisions have been made to \nthe satisfaction of the Chief Municipal Executive Officer/ Municipal Executive \nOfficer and in accordance with the provisions of this Act and the rules and the \nregulations made there under and any other law for the time being in force. \n \n(3) Any change of use made before the commencement \nof this Act, except in so far as such use is permissible under the provisions of \nan earlier State law on the subject in force before the commencement of this \nAct, shall not be deemed to be a change in contravention of the provisions of \nthis Act. \n \n(4) Without prejudice to any other action that may be taken against any \npersons, whether owner or occupier contravening any provision of this section, \nthe Municipality may levy on such person such fine, not exceeding in each \ncase rupees one hundred per square meter per month for the area under \nunauthorized use throughout the period during which such contravention \ncontinues as maybe provided by regulations. \n \n(5) The Chief Municipal Executive Officer/ Municipal Executive Officer may if \nhe deems fit order that such unauthorized used be stopped forthwith: \n \nProvided that before making any such order, he shall give a reasonable \nopportunity to the person affected to show cause why such order shall not be \nmade. \n \n(6) Any person aggrieved by an order of the Chief Municipal Executive Officer/ \nMunicipal Executive Officer under sub-section (5) may within thirty days from \nthe date of the order, prefer an appeal against the order to the Municipal \nBuilding Tribunal whose decision in the matter shall be final and conclusive. \n \n(7) When an ap peal is preferred under sub -sec (6) the Municipal Building \nTribunal or Municipality as the case may be may stay enforcement of the order \nmade by the Chief Municipal Exe cutive Officer/ Municipal Executive Officer \nunder sub-section (5) on such terms for such period as it may think fit. \n \n(8) Save as otherwis e provided in this section no c shall entert ain any suit , \napplication or o proceeding for any relief or injunction, restrain the Chief \nMunicipal Executive Officer / Municipal Executive Officer or the Municipal \nBuilding Tribunal or the Municipality from taking any a( or making any order in \npursuance of the provision of this section. \n \nExplanation :- For the purpose of chapter \"unauthorized use\" shall mean \nchange conversion of a building withou t sanction for one occupancy or use \ngroup to another occupancy or use group re ferred to in sub -sec(2) of \nsection339.",
"footnote": "",
"is_definition": false,
"sort_order": 3560
},
"prev_section": "366",
"next_section": "368"
}