Azad Jammu and Kashmir Building Control Ordinance, 2011
AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR
Law, Justice, Parliamentary Affairs and Human Rights Department
No.LD/Legis/604-11/2011. The following Ordinance made by the President on the 22nd day of June, 2011, is hereby published for general information.
[Ordinance XXX of 2011]
AN ORDINANCE to revise and regulate the Building Control in Azad Jammu & Kashmir
WHEREAS, after the Earthquake of 8th of October, 2005, it is necessary to regulate planning, construction and disposal and demolition of buildings damaged by the Earthquake and to ensure quality construction and to minimize the human loss in future;
AND WHEREAS, the Legislative Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of powers conferred by sub-section (1) of Section 41 of Azad Jammu & Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Building Control Ordinance, 2011.
(2) It shall extend to the whole of Azad Jammu and Kashmir.
(3) It shall come into force at once and shall be deemed to have taken effect from 22.06.2011.
2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context following expressions shall have the meaning as hereby respectively assigned to them:-
(a) “Architect” means an architect registered as member of Pakistan Council of Architect and Town Planners (PCATP);
(b) “Agency” means Building Control Agency having jurisdiction in local areas of municipal limits and master plan area;
(c) “Builder” means a person, or body of persons including a cooperative society, engaged in construction of a building;
(d) “Building” means a building or part thereof constructed or being constructed by the Builder in accordance with the provision of this Ordinance;
(e) ”Engineer” means an engineer registered as member of Pakistan Engineering Council (PEC);
(f) “Government” means the Azad Government of the State of Jammu and Kashmir;
(g) ”Developer” means a person/persons or society, which has been established primarily with the object of developing housing schemes;
(h) ”Owner” means and include a person/persons or entities for the time being having proprietary rights or receiving rent of the Building, land, structure on his own account or as agent or trustee, or who would so receive the same, if the land or structure where let to a tenant;
3. Authorization as Agency.- Government may, by notification, authorize anybody corporate, local council or a functionary or organization, to act as Agency for any area, as may be specified in the notification.
4. Allotment or Sale of Plots.- The Developer shall not sell or allot plots, or advertise such sale or allotment without obtaining prior permission of the Agency:
Provided that where the Agency is satisfied that the development of plot, which has been made or is proposed to be made, is below the standard laid down by the Agency, the permission shall not be granted.
5. Approval of Building Plan.- No building shall be constructed without prior approval of building plan by the Agency in a prescribed manner.
6. Engagement of the Architect, the Engineer, etc.- (1) A building plan shall be submitted by the Owner to the Agency. The building plan shall be prepared by an Architect who shall report thereon and shall be responsible for compliance of building codes, rules and regulations.
(2) For any building plan where the Agency is of the opinion that structural design is needed than the Civil Engineer shall be engaged who shall prepare structural drawing details, calculations and report thereon and shall be responsible as per prescribed building code, rules and regulations.
(3) Where ever necessary the Agency will direct the Architect/Engineer to hire/engage, allied professional/consultants, to submit the required soil test report, topographic survey, material testing report, duly signed by allied professional/consultant along with the reports of the Architect and the Engineer and be responsible for compliance of prescribed building code, rules and regulations.
7. Grant of License.- (1) The Builders and Contractor should be Registered with Pakistan Engineering Council (PEC).
(2) Agency shall train the skilled labours and after successful completion of the trainings, the Agency shall issue them license. After issuance of this Ordinance only licensed skilled labour shall be engaged for construction and demolition of the Building:
Provided that the existing skilled labours who have already been trained shall obtain the license not later than three months from the enforcement of this Ordinance.
8. Inspection of Buildings under Construction or Demolition.- (1) The Agency may, by its notification, authorize one or more officer of relevant qualification to inspect buildings under construction or demolition in a locality or localities as may be specified in the notification.
(2) If the opinion of the officer/officers authorized, that the construction of any building is not in accordance with the building plan or the specifications approved by the Agency or any material used or methodology adopted in the construction is substandard or not of the quality or type prescribed, such officer/officers may order in writing or issue any direction, and it shall be the responsibility of the builder/contractor and all those concerned with the construction of the building to implement such direction or he may require that the construction be suspended until any further direction is given either by him/them or by the Agency, or order that the construction which, in his opinion, is defective, be demolished at the cost of the builder/contractor or the Owner.
(3) If in the opinion of the officer/officers, the demolition of any building is dangerous to the adjoining building structure or to passer by, or the resident of the locality, the undergoing demolition shall be suspended till further direction/instruction by the Agency.
9. Dangerous Building.- (1) Where the officer is satisfied that a building is likely to collapse or is so dangerous as to cause harm to human life or property, it may by notice required to the occupier thereof, to vacate the building within the period specified in the notice.
(2) If the building in respect of which notice has been issued has not been vacated within the period specified in the notice the Agency may order that the occupier of the building be ejected, if necessary, by force.
(3) The Agency may by notice require the Owner of the building vacated under subsection (2) to demolish or caused to be demolished such building within the period specified in the notice and in the event of failure of the Owner to do so, the Agency shall cause the building to be demolished and the cost of the demolition shall be recovered from the Owner as arrears of land revenue.
(4) If any Owner/Builder feels that his building structure is not safe, he should in writing inform the Agency that the status of the building be decided by a committee consisting of one of the Architect, one of the Engineer from Owners/Builder’s side and two officers of relevant qualification from the Agency, the decision of the committee shall be accepted by both i.e. the Owner and the Agency.
10. Survived Buildings “One Time Operation”.- (1) This is one time operation for those building structures survived in the 8th October 2005 Earthquake and are not declared dangerous, shall by rehabilitated, re-strengthening within six month from the date as announced by the Agency.
(2) The Rehabilitation / Re-strengthening works to be done under the supervision of the Architect/ the Engineer, employing contractors and licensed skilled labour.
(3) The Building plan of the survived buildings after completion of the Rehabilitation / Re-strengthened shall be submitted to the Agency, duly verified by the Architect/Engineer.
(4) The Owner of public, commercial, institutional and apartment buildings are bound to submit to the Agency safety and soundness certificate duly verified by the Architect and the Engineer about such building structure within 45 days of issuance of this Ordinance. On receipt of the certificate the Agency shall grant permission to occupy the building after necessary satisfaction:
Provided that if the requisite safety and soundness certificate is not submitted in specified time then the Agency shall issue order that all the public activities within premises of the building shall be suspended the building be vacated and shut down forthwith. Agency, may for this purpose use force if necessary.
11. Appeal .-An aggrieved person may file an appeal against any order/ direction under this Ordinance in a prescribed manner within 15 days to;
(i) the Government in the case the order/ direction is made by the Agency; and
(ii) the Agency, in other cases:—
Provided that the Government or the Agency, as the case may be, shall nominate the Architect/the Engineer for scrutiny of the case before passing final order on appeal.
12. Disposal of Appeal.- An Appeal made under this Ordinance shall be disposed of within 45 days of the receipt thereof unless this time limit is extended from time to time by the Government.
13. Delegation of Power.- Government may, by notification, delegate any of the powers vested in it or in the Agency to any officer or Authority.
14. Penalty.- (1) Whoever has contravened any provision of this Ordinance shall be punished with simple imprisonment for a term which may extend to three months or with fine not exceeding fifty thousand rupees, or with both.
(2) No court shall take cognizance of an offence under this Ordinance except upon a complaint in writing made by the Agency or any person authorized by it.
15. Indemnity.- No suit or legal proceedings shall lie against the Government or the Agency or any person in respect of anything done or intended to be done in good faith under this Ordinance.
16. Power to make Rules.- The Government may make rules for the purpose of giving effect to the provisions of this Ordinance.
17. Bye-Laws.- The Government shall make bye-laws to carry out the purposes of this Ordinance.
18. Regulations.- The Government may make regulations to regulate the procedure in respect of all or any of the matters mentioned in this Ordinance.
19. Ordinance to override other laws.- The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other Act, Ordinance, rules, bye-laws and regulations for the time being in force.
20. Repeal.- The Azad Jammu and Kashmir Buildings Control Act, 1985 (Act XXVIII of 1985) is hereby repealed.
(Raja Zulqarnain Khan)
Azad Jammu & Kashmir
(Syed Shahid Mohyiddin Qadri)
Additional Secretary Law