Bombay Building for Industrial Undertakings (Control on Erection, Be-erection and Conversion) Rules, 1967

The Bombay Building for Industrial Undertakings (Control on Erection, Be-erection and Conversion) Rules, 1967

Published vide Notification No. G. N., I. & L. D., No. BCA. 1067/29934-IND-I, dated 5th September, 1967 (M. G. Part 4B, page 2189)

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In exercise of the powers conferred by section 14 of the Bombay Building (Control on Erection, Re-erection and Conversion) Act, 1948 (Bombay XXXI of 1948), and in supersession of the Bombay Building (Control on Erection) Rules, 1948, in so far as they relate to buildings intend to be used for industrial undertakings, the Government of Maharashtra hereby makes the following rules, namely

These rules may be called the Bombay Building for Industrial Undertakings (Control on Erection, Re-erection and Conversion) Rules, 1967.
In these rules, unless the context requires otherwise -

(a) "Act" means the Bombay Building (Control on Erection, Re-erection and Conversion) Act, 1948:

(b) "Bombay-Thana area" means the areas specified in the Schedule to the Act:

(d) "section" means a section of the Act.

The application under sub-section (1) of section 4 shall, in respect of buildings intended to be used for industrial undertakings, be in the form appended hereto.
The Controller or any officer duly authorised by him in writing in this behalf may call for further details pertaining to the application as he may deem necessary for the proper consideration of the application.
To avoid further overcrowding of industries in the Bombay-Thana area as a broad policy, the establishment of new industries or the substantial expansion of the existing industries in the Bombay-Thana area shall not be permitted, except in respect of industries which are essential.
For considering an application under section 4, and whether such industry is essential, the Controller shall take into consideration the nature and type of industry, the policy of the Government in the matter of establishing industries in the Bombay-Thana area mentioned in the foregoing rule, and in particular, the following factors, that is to say -

(a) in the case of new industries -

(i) whether the industry is ancillary to an existing industry in the Bombay-Thana area;

(ii) whether the industry will use as its raw material, by-products of an existing undertaking situated in that area;

(iii) whether the industry is export oriented and needs substantial quantities of imported raw material;

(iv) whether there are any compelling technical or economic considerations justifying the location of the industry in the said area;

(b) in the case of expansion of an existing industry whether the expension-

(i) is merely marginal;

(ii) is intended for the purpose of balancing of equipment;

(iii) involve the manufacture of certain related items;

(iv) does not involve the manufacture of new items not related to the manufacture of existing items;

(c) the industry is being shifted from an area which is, or which is to become, a non-industrial area to an industrial area, that is to say, an area in which industries are or are to be permitted to be established.

Form

(See rule 3)

To.

The Controller of Buildings, Bombay.

Full name of the person (in block letters) (at whose expense the work of erection or re-erection or conversion of the building of the industrial undertaking is to be commenced).

Address :-

Name and address of the person undertaking the work of erection or re-erection or conversion of such building.
Name and address of the Architect, Engineer, or other person employed in an advisory or supervisory capacity on such work.
The exact situation of the building (giving Survey No., Hissa No. and Plot No.) to be erected, re-erected or converted.
To whom does the site where the work is proposed to be done or where erection of a new building is to be undertaken belong? Produce documentary evidence.
Is any structure standing on the site where the proposed building is to be erected, re-erected or converted? If yes, how is the structure being used at present?
Any special reasons showing the urgency of the proposed work and why the same cannot be held in abeyance or postponed.
Detailed description of the work proposed to be done together with the estimated cost thereof. What building material will be used in the walls and the roof?
Total quantity of (i) Bricks (ii) Steel, (iii) Cement, (iv) Asbestos Cement Sheets which are estimated to be used in the proposed work including materials already in stock on the site.
Quantity of materials including (i) Bricks, (ii) Cement, (iii) Steel, (iv) Asbestos Cement Sheets, already collected on the site for the proposed work, together with their approximate value.
Has any portion of the work been carried out so far? If so, give details showing the work already done and proposed to be done in distinct colours on a plan; when was the work carried out ?
Whether the plans have been approved by the Municipal Corporation of /Thana Municipal Council/Collector of [........]/Chief Inspector of Factories. If so, produce the approved plans or copies thereof. (Approval to the Plans by Collector is required under the provisions of the Land Revenue Code and by the Chief Inspector of Factories under the Factories Act).
If a building of an industrial undertaking is to be erected, re-erected or converted at a place outside Greater Bombay in the Bombay-Thana Area, state whether clearance from the Government in Industries and Labour Department, if necessary, has been obtained from the location point of view, if so, produce a copy thereof. Also produce a copy of the permission for non-agricultural use of the land from the Collector of [......................]
If a building of an industrial undertaking is to be erected, re-erected or converted in Greater Bombay, produce a no objection certificate from zoning point of view from the. Municipal Corporation, Greater Bombay.
Produce documentary evidence for purchase of land or any other evidence to prove its ownership.
Give the details of the products manufactured or proposed to be manufactured.

(i) Existing

(ii) Proposed.

Capital investment.

(i) Existing........ Fixed ......

working .........

(ii) Proposed ....... Fixed ...........

working .........

List of existing machinery and additional machinery to be installed, if any, and the arrangements made to procure the machinery. Produce a copy of the import licence, if any.
Purpose for which building permit is required -

(i) New factory shed, office building

(ii) Extension to existing factory shed, office building and other like structure ...............

(iii) New godown ...........

(iv) Extension to existing godown ...........

(v) Any other structure .............,

Area of the whole plot in square yards.

Proposed built up area of the structure in square feet.

Existing premises, if any -

(i) Address ..........

(ii) Area occupied .....................

(a) Open ....................

(b) Built up ....................

Submit application for cement with detailed calculation in duplicate duly certified by a duly qualified Engineer/Architect.
If any building permit is issued; then state -

(a) Permit No. and Date .....................

(b) Cement requirement Certified .......................

(d) Balance Cement quota.....................

Whether Industries (Development and Regulation) Act, 1951 is applicable? If so, whether licence under the Act is obtained? If so. Licence No and Date ................
Whether the concern is registered under that Act. If so, give, the No. and date of registration with -

(a) Development Wing (Government of India).

(b) Directorate of Industries as Small Scale Industries Unit.

(d) Textile Commissioner.

Certificate of the Architect

Certified that the following materials are required to be used in the construction

(I) Bricks ....................

(II) Cement....................

(III) Steel .................

(IV) Asbestos Cement Sheets ....................

Signature of the Architect or Engineer.