For the purpose of this Chapter — — U. P. ACT No . XXXIII of 1961 ]

162. For the purpose of this Chapter — (a) [Appropriate authority] shall mean the 1 [Kshettra Panchayat] if the subject comes within the functional jurisdiction of the 1 [Kshettra Panchayat] and the 1 [Kshettra Panchayat] in other cases ; (b) 1 [Kshettra Panchayat] shall, in relation to any part of the rural are including controlled rural area, mean the 1 [Kshettra Panchayat] exercising jurisdiction in such part. (1) Without prejudice to any other provisions of this Act, the provisions of sections 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179,190, 181, 182, 184, 186, 187, 209, 213 and 216 of this Chapter shall apply only to those portions of the rural area as have been specified by the 1 [Zila Panchayat] under this section. A 1 [Zila Panchayat] may by resolution declare that the Provisions of the sections mentioned in sub -section (1) or any one or more of them shall apply to any portion of the rural area of the district to be specified in the resolution and thereupon the provisions of the sections mentioned in the resolution shall apply to the area so specified which shall be called [controlled rural area] : Provided that public notice of the resolution has been given to the residents of the controlled rural area in such manner as may be prescribed by rules. Construction or alteration of building to be after notice and according to bye-laws Sanction of work by 1 [Kshettra Panchayat] (1) No erection or re-erection of a building or material alteration in an existing building or making or enlarging a well within a controlled rural area abutting on or adjacent to a public street or place or property vested in Government or in the 1 [Zila Panchayat] 1 [Kshettra Panchayat] shall be carried out except in accordance with the directions of any rule made by Government or bye-law made by the 1 [Zila Panchayat] and shall not be commenced unless written notice thereof has been tendered to the 1[Kshettra Panchayat] not less than one month in advance, with such details of the proposed construction or alteration as may be required by bye-law to be furnished along with such notice. An alteration in a building shall, for the purpose of this Chapter and of any rule or bye-law, be deemed to be material if — (a) it affects or is likely to affect prejudicially the stability or safety of the building or the condition of the building in respect of drainage, ventilation, sanitation or hygiene, or (b) it increases or diminishes the height or area covered by or cubical capacity of the building or reduces the cubical capacity of any room in the building below the minimum prescribed in any bye-law, or (c) it converts into a place for human habitation a building or portion of a building originally constructed for other purposes, or (d) it is an alteration declared by a bye-law made in this behalf to be material alteration. SANCTION OR REFUSAL OR WORKK BY 1[KSHETTRA PANCHAYAT] (1) Subject to the provision of any bye-law the 1 [Kshettra Panchayat] may either refuse to sanction any work of which notice has been given under section 164 or may sanction it absolutely or subject to — (a) any written direction that the 1 [Kshettra Panchayat] deems fit to issue in respect of all or any of the matters mentioned in sub-head (f) of Heading ‗A' of sub-section (2) of section 239, or (b) a written direction requiring the set-back of the building or part of a building to the regular line of the street, prescribed under section 191, or, in default of any regular line prescribed under that section to the line of frontage of any neighbouring building or buildings. In the case of refusal to sanction under sub-section (1), the 1 [Kshettra Panchayat] shall communicate in writing the reasons for such refusal to the person giving notice under section 164. Should the 1 [Kshettra Panchayat] neglect or omit for one month after the receipt of valid notice under section 164 to make and deliver to the person who has given such notice an order of the nature specified in sub-section (1) in respect thereof, such person may by written communication call the attention of the 1[Kshettra Panchayat] to the omission or neglect, and if such omission or neglect continues for a further period of one month, the 1 [Kshettra Panchayat] shall be deemed to have sanctioned the proposed work absolutely. Duration of sanction Inspection of work requiring sanction Compensation for damage sustained through order passed under section 165 Effect of sanction under section 165 (1) A sanction given or deemed to have been given by a 1 [Kshettra Panchayat] under section 165 shall be available for three years or for such lesser period as may be prescribed by bye-law. After the expiry of the said period the proposed work may, not be commenced without a sanction under the foregoing section. The Pramukh, the Khand Vikas Adhikari and, if authorized in this behalf by resolution of the 1 [Kshettra Panchayat], any other member, officer or servant of the 1[Kshettra Panchayat] may at any time and without warning inspect any work in respect of which notice is required under section 164 — (a) while under construction, or (b) within one month of the receipt of a report that it has been completed or, in default of such report, at any time after completion. Notwithstanding anything contained in section 108, a person giving notice under section 164 shall not be entitled to any compensation for damage or loss sustained by reason of an order passed by a 1 [Kshettra Panchayat] under section 165 unless — (a) the order is passed on some ground other than that the proposed work would contravene a bye-law or be prejudicial to the health or safety of the public or any person, or (b) the order contains a direction of the nature specified in clause (b) of sub-section (1) of section 165, or (c) the order is an order of refusal to sanction the re-erection of a building on the ground that it is unsuitable in plan or design to the locality or is intended for a purpose unsuitable to the locality, or contravenes a bye-law under sub-head (d) of Heading ‗A' of sub-section (2) of section 239. (1) A sanction given or deemed to have been given under section 165 shall not, beyond exempting the person to whom the sanction is given or deemed to have been given from any penalty or consequence to which he would otherwise be liable under section 170, 171 or 191, confer or extinguish any right or disability or have any other legal effect whatsoever. In particular, such sanction shall not operate to relieve any person from the obligation imposed by section 181 to obtain separate sanction for any structure referred to therein. Illegal erection or alteration of building Whoever begins, continues or completes the erection or reerection of, or any material alteration in, a building or part of a building or the construction or enlargement of a well, without giving the notice required by section 164 or in contravention of the provisions of section 165 or of an order of the 1[Kshettra Panchayat] refusing sanction or any written directions made by the 1 [Kshettra Panchayat] under section 165 or any bye-law, shall be liable upon conviction to a fine which may extend to five hundred rupees. Powers of 1 [Kshettra Panchayat] to stop erection and to demolish building erected Public drains Alteration of public drains Use of public drains by private owners The 1[Kshettra Panchayat] may at any time by written notice direct the owner or occupier of any land to stop the erection, reerection or alteration of a building or part of a building or the construction or enlargement of a well thereon in any case where the 1 [Kshettra Panchayat] considers that such erection, re-erection, alteration, construction or enlargement is an offence under section 170 and may, in like manner, direct the alteration or demolition, as it deems necessary, of the building, part of a building or the well, as the case may be. Public Drains

Section 162