THE KHYBER PAKHTUNKHWA DADAR TUBERCULOSIS 

SANATORIUM PROHIBITION OF BUILDINGS ACT, 1939

CONTENTS

Preamble.

SECTIONS. 

1.         Short title, extent and commencement.

2.         Definition.

3.         Sanction for Building.

4.         Notice of new buildings.

5.         Conditions of valid notice.

6.         Power of Provincial Government to sanction or refuse.

7.         Lapse of sanction.

8.         Compensation.

9.         Illegal erection or re-erection.

10.       Power to stop erection or re-erection or to de­molish.

11.       Power to direct alteration or demolition of buildings constructed after 1st December,        1937.

12.       Power to make rules.

THE [1][KHYBER PAKHTUNKHWA] DADAR
TUBERCULOSIS SANATORIUM (PROHIBITION
OF BUILDINGS) ACT, 1939.

ACT XI OF 1939

Received the assent of the Governor on the 17th May, 1939.

An Act to make provision for the control of the construction of buildings near Dadar Tuberculosis Sanatorium.

            (2)        It extends to the whole of Dadar area.

            (3)        It shall come into [3]force at once.

(1)        "Dadar area" means the area within six hundred yards of the perimeter of Dadar Tuberculosis Sana­torium.

(2)        "Building" includes—

(a)        a house, out-house, stable, latrine, godown, shed, hut, wall (other than boundary wall not exceeding six feet in height) and any other structure, whether wholly or partially of masonry, brick, wood, mud. metal, or any other material whatsoever;

(b)        a structure on wheels or simply resting on the ground without foundation;

(c)        a lent, van, and any other such structure used for human habitation.

            (2) For the purpose of this Act, a person shall be deemed to erect or re-erect a building who-

(a)     makes any material alteration or enlargement of building, or,

(b)     converts into place for human habitation any buiiding not originally constructed for that purpose, or

(c)     converts into more than one place for human habita­tion a building originally constructed as one such place, or,

(d)    converts two or more places of human habitation into greater number of such places, or,

(e)     converts into a stable, cattie-shed or cow-house any building originally constructed for human habitation, or

(f)     makes any alteration which there is reason to believe is likely to effect prejudicially the stability or safety of any building or the condition of any building in respect of drainage, sanitation or hygiene, or,

(g)     makes any alteration to any building which increases or diminishes the height of, or area covered by, or the cubic capacity of, the building or which reduces the cubic capacity of any room in the building.

            (2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which maybe required under rules made under this Act have been furnished to the satisfaction of the provincial Government along with the notice. 

(a)     the free passage or way to be left in front of the build­ing;

(b)     the space to be left about the building to secure free circulation of air and facilitate scavenging and the prevention of fire;

(c)     the ventilation of the building, the minimum cubic area of the rooms and the number and height of the storeys of which the buiiding may consist;

(d)    the provision and position of drains, latrines, urinals cesspools or other receptacles for filth;

(e)     the level and width of the foundation, the level of the lowest floor and the stability of the structure;

(f)     the line of frontage with neighbouring buildings if the building abut on street;

(g)     the means to be provided for egress from the building in case of fire:

(h)     the materials and method of construction to be used for external and party walls for room, floors, fireplaces and chimneys;

(i)      the height and slope of the roof above the upper most floor upon which human beings are to live or cooking operations are to be carried on; and

(j)      any other matter affecting the ventilation and re-erection of the buildings;

and the person erecting or re-erecting the building shall obey such written directions in every particular.

(a)          before the building has been sanctioned, or

(b)         without complying with any direction made under Section 6, or

(c)          when sanction has been refused or has ceased to be available, shall be punishable with fine which may extend to five hundred rupees.

            (2) If the direction mentioned in sub-section (1) is not complied with the Provincial Government may have the same carried into effect by any agency employed by it for the person or his legal representative who had to comply with the direction.

            (3) The amount claimable under sub-section (2) will be recoverable as arrears of land revenue,

(a)          the manner in which notice of the intention to erect or re-erect a building in the Dadar area shall be given to the Provincial Government and the information and plans to be furnished with the notice,

(b)     the type or description of building which may not, and the purposes for which a building may or may not be erected or re-erected in any specified   area or areas;

(c)     the minimum cubic capacity of any room or rooms in a building which is to be erected or re-erected,

(d)    the fees payable on provision by the Provincial Go­vernment of plans or specifications of the type of buildings which may be erected in the Dadar area,

(e)     the circumstances in which a mosque, temple, or church or other sacred building may be erected or re-erected.