S.1 Short title, extent and commencement

       This Act may be called the Jammu and Kashmir Control of Building Operations Act, 1988.
       (2) It extends to the whole of the State of Jammu and Kashmir.
[(3) It shall come into force on such date as the Government may, by notification in the Government Gazette appoint.

S.2 Definitions

       In this Act, unless the context otherwise requires,-
       (1) "Authority" means the Building Operations Controlling Authority constituted under section 3 of this Act:
       (2) "boat" includes any vessel used or capable of being used on water as a means of conveyance or habitation or for commercial purposes and shall include also steam and motor launches:
       (3) "building" means any shop, house, hut, outhouse, shed, superstructure, boat, house-boat and stable whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever and includes a wall and a well;
       (4) "building line" means a line which is on either of the street alignment and to which the main external wall of a building a

S.3 Constitution of the Authority

       (1) With the commencement of this Act, the authorities for the purpose of this Act in any Local Area, Municipal Area, Town Area, Notified Area or Area notified under the Jammu and Kashmir State Town Planning Act, 1963 shall be as under:-
       (2) The Authority in respect of-
       [(a) 'Municipal area' notified under the J&K Municipal Act, Samvat 2008;
       (b) 'Local area' not included in the Municipal Area;
       (c) 'Town Area' notified under the J&K Town Area Act, Samvat 2011;
       (d) 'Notified Area' specified under section 283 of the Jammu and Kashmir Municipal Act, Samvat 2008;
       (e) Area notified under the Jammu and Kashmir Town Planning Act, 1963 which is not a 'Local Area', 'Town

S.4 Control of development and building operation

No person shall undertake or carry out the development of any site in any Municipal Area, Local Area, Town Area, Notified Area or Area Notified under the Jammu and Kashmir State Town Planning Act, 1963, or erect or re-erect any building or make or extend any excavation or lay out any means of access to a road in such area except with the previous permission of the Authority concerned in writing.

S.5 Application for permission

       (1) Every person desiring to obtain the permission, referred to in section 4 shall make an application in writing to the Authority or through any agency authorised, in such form and containing such information as may be prescribed by regulations made under this Act.
       (2) The Authority shall, within a period of 7 days of the receipt of application under sub-section (1) decline to accept a plan as sufficient for purposes of granting sanction under this Act if it does not bear the signature and seal of a Registered Architect or a Draftsman registered with the Authority.
       (3) On receipt of such application the Authority, after making such enquiry as it considers necessary, keeping in view the area and the laws, rules and regulations applicable therein, shall by an order in writing, either grant the permission, subject to such conditions, if an

S.6 Power of entry on building or land

       The Authority may authorise any person to enter into or upon any site or building with or without assistants or workmen for the purpose of:-
       (a) making any enquiry, inspection, measurement or survey or taking levels on such site or building or both;
       (b) examining works under construction or ascertaining the course of sewers or drains;
       (c) ascertaining whether any site is being or has been developed or any building is being or has been erected without the permission referred to in section 4 or in contravention of any condition subject to which such permission has been granted:
       Provided that:-
       (i) no entry shall be made except between the hours of sun-rise and sun-set and without giving not less than twenty

S.7 Order of demolition of buildings in certain areas

       (1) Where the erection or re-erection of any building has been commenced or is being carried on or has been completed without the permission referred to in section 4 or in contravention of any condition subject to which any permission has been granted, the Authority shall issue a notice in writing calling upon the person to show cause within a period of 48 hours, why the building should not be altered or demolished as may be deemed necessary to remove the contravention.
       (2) The Authority shall cause the notice to be affixed on the outer door of some conspicuous part of the building whereupon the notice shall be deemed to have been duly served upon the owner or the occupier of the building.
       (3) If the person to whom the notice has been given refuses or fails to show cause within a period specified under sub-section (1) or if after hearing

S.8 Power to seal unauthorised construction

       (1) It Shall be lawful for the Authority concerned, at any time, before or after making an order of demolition under section 7 to make an order directing the sealing of such erection, re-erection or work or of premises in which such erection, re-erection or work is being carried on or has been completed for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erection or work.
       (2) Where any erection, re-erection or work or any premises in which any erection, re-erection or work is being carried out, has or, have been sealed, the authority concerned may for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed.
       (3) No person shall remove such seal except,-
       

S.9 Penalties

       (1) Any person who undertakes or carries out the development of any site or erect or re-erects any building or makes or extends any excavation or lays out any means of access to a road without the permission referred to in section 4 or in contravention of any condition subject to which such permission has been granted [or obstructs the authority under section 8] shall be punishable with fine which may extend to ten thousand rupees and in the case of continuing offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
       (2) Any person who obstructs the entry of a person authorised under section 6 to enter into or upon any building or land or molests such person alter such entry shall be punishable with fine which may extend to one thousand rupees.
   

S.10 Offence to be cognizable

       The Code of Criminal Procedure, Samvat 1989 shall apply to an offence punishable under section 9 as if it were a cognizable offence-
       (i) for the purpose of investigation of such offences; and
       (ii) for the purpose of all matters other than-
       (a) matters referred to in section 57 of the Code; and
       (b) arrest of a person except on the complaint of, or upon information received from the Authority concerned :
Provided that no offence of the contravention of any condition subject to which sanction was accorded for the erection or re-erection of any building shall be cognizable, if such contravention relates any deviation from any plan of such erection or re-erection sanctioned by the Authority concerned.

S.11 Lapse of sanction after three years

       (1) Every sanction for the erection or re-erection of any building issued by the Authority shall remain in force for three years from the date of such sanction, but such lapse shall not bar for any subsequent application for fresh sanction under the foregoing provisions of this Act:
       Provided the Minister shall always have power to revoke any sanction for erection or re-erection of any building at any time before the commencement of erection or re-erection of any building.
       (2) Every order made by the Minister concerned under this section shall be final and shall not be called in question in any original suit, application or proceeding and no injunction shall be granted by any court in respect of any action under this Act.
(3) The provisions of this section shall have effect notwithstanding anything to the contrary contained in this Act

S.12 Powers to stop building operations and removal of persons thereof

       (1) Where any building operation has been commenced or is being carried on in contravention of the provisions of this Act or any rule, or regulation laws made thereunder, or without the permission referred to in section 4 but such erection has not been completed, the Authority may by a written notice require that such building operations be discontinued on and from the date of the service of the notice.
       (2) Where such building operations are not discontinued the Authority may direct all persons engaged in any capacity in the work of erecting or re-erecting building in question or part thereof to remove themselves and shall take such measures as will prevent such persons from again entering into or remaining upon such building or part thereof except with a proper permission which may be issued by the Authority.
       (3) Where such building ope

S.13 Appeals

       (1) An appeal against the order of an Authority made under [section 5 or] section 7 shall lie to such person as the Government may, by notification in the Government Gazette, appoint in this behalf (hereinafter called 'the Appellate Officer') within seven days after the date of the aforesaid order of the Authority. The memorandum of appeal need not be accompanied by copy of order appealed from.
       (2) Where any appeal is preferred from an order of an Authority, the appellate officer shall not stay the enforcement of that order unless the Authority concerned is given an opportunity of being heard :
       Provided that where the erection or re-erection of any building was not completed on the day on which an order was made under section 7 for the demolition of such building the appellate officer shall not make any order for the stay of enforcement

S.14 Bar of Jurisdiction

       No court shall have jurisdiction to -
       (a) make any interim order whether by way of injunction or stay or in any other manner against the order of the Authority concerned or the appellate officer.
(b) entertain any suit or proceeding in respect of demolition of any building.

S.15 Finality of orders

Save as otherwise provided in this Act every order made by an Authority or the appellate officer shall be final and shall not be called in question in any suit, application or execution proceeding.

S.16 Delegation

The Authority may, by notification in the Government Gazette, direct that any power exercisable by it under this Act except the power to make regulations, may also be exercised in such cases and subject to such condition, if any, as may be specified in the notification, by such officer or local authority as may be mentioned therein.

S.17 Protection of action taken in good faith

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 or the regulations made thereunder.

S.18 Effect of provisions of the Act inconsistent with other laws

The provisions of this Act shall apply to the erection or re-erection of buildings alongside public roads regulated under the prevention of Ribbon Development Act, Samvat 2007.

S.19 Power to make regulation

       (1) The Authority, with the previous approval of the Government, may, by notification in the Government Gazette, make regulations to carry out the purposes of this Act:
       Provided that the Government may make the first regulations under this section and any regulation so made may be altered or rescinded by the Authority concerned in exercise of the powers conferred by this section.
       (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
       (a) the summoning and holding of meeting of the Authority, the time and place where such meetings are to be held, the procedure to be followed by the Authority and the number of members necessary to form a quorum;
       (

S.20 Repeal and saving

       Save as otherwise provided in section 18, if, immediately before the commencement of this Act there is in force any provision of law corresponding to the provisions of the Act that provision of law shall stand repealed on the said date:
       Provided that the repeal shall not affect-
       (a) the previous operation of any provision of law so repealed or anything duly done or suffered thereunder; or
       (b) any right, privilege, obligation or liability acquired, accrued or incurred under any provision of law so repealed; or
       (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any provision of law so repealed ; or
       (d) any investigation, legal proceeding or remedy in respect of an