The Government Buildings Act, 1899
The Government Buildings Act, 1899, Act No. 4 of 1899, dated 3rd February, 1899, exempts certain government buildings and lands within municipalities from municipal building laws. The supplied text does not identify an issuing department, and it includes amendments and adaptations made by later Acts and Adaptation Orders. Municipal authorities may receive notice, inspect with prior State Government permission, and submit objections or suggestions in the circumstances set out in the Act.
What the Act governs
The Government Buildings Act, 1899 applies to buildings used or required for public service or a public purpose when they are owned or occupied by the Government. It also applies to buildings proposed on land owned or occupied by the Government.
The Act extends to the whole of India, except the territories that immediately before 1st November, 1956 were comprised in Part B States. The supplied text records later substitutions and repeals made through Acts and Adaptation Orders.
Exemption from municipal building laws
The Government Buildings Act, 1899 provides that municipal laws regulating specified building work do not apply to qualifying government buildings within municipal limits. The exemption covers laws regulating:
- Erection or re-erection.
- Construction.
- Alteration.
- Maintenance.
For proposed erection, re-erection, construction or material structural alteration, reasonable notice must generally be given to the municipal authority before work begins.
The notice requirement does not cover a building connected with defence. It also does not cover a building whose plan or construction, in the opinion of the Government concerned, should be treated as confidential or secret.
Municipal authority involvement
The Government Buildings Act, 1899 defines a municipal authority to include a municipal corporation or a body of municipal commissioners constituted under a law or enactment in force.
For a qualifying project that is not connected with defence or treated as confidential or secret, the municipal authority, or a person authorised by it, may:
- Inspect the land, building and connected plans.
- Submit written objections or suggestions about the proposed work to the State Government.
Inspection requires prior permission from the State Government. It is also subject to any restrictions or conditions imposed by the State Government through a general or special order.
How objections are decided
The State Government must consider every objection or suggestion properly submitted by a municipal authority. It may conduct any investigation it considers advisable and must then pass orders on the matter.
The building must be erected, re-erected, constructed or altered in accordance with those orders. If the State Government overrules or disregards a municipal objection or suggestion, it must give its reasons in writing.
Who may be affected
The Government Buildings Act, 1899 primarily affects government bodies undertaking public buildings within municipal limits and municipal authorities responsible for local building regulation. It may also matter to professionals preparing plans or carrying out structural work for qualifying government projects.
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Common questions
Do municipal building laws apply to every government building within a municipality?
No. Municipal laws regulating erection, construction, alteration or maintenance do not apply to a building used or required for public service or a public purpose when the building or its land is owned or occupied by the Government.
Must the municipal authority be told before work starts?
Reasonable notice must generally be given before erection, re-erection, construction or material structural alteration begins. The requirement does not apply to defence buildings or buildings whose plans or construction are considered confidential or secret by the Government concerned.
Can a municipal authority inspect a government building project?
Yes, for projects covered by the inspection provision, but only after obtaining prior permission from the State Government and complying with any restrictions or conditions it imposes.
What happens if the municipality objects to the proposed work?
The municipal authority may submit written objections or suggestions to the State Government. The State Government must consider them, pass orders, and give written reasons if it overrules or disregards them.
