Within the structural hierarchy of the GHMC Act, 1955:
The provision belongs to a family of clauses known in Indian municipal law as “savings” or “validation” clauses. Its purpose is not to create new powers but to preserve the legal effect of actions taken under older, now-replaced laws.
Section 635 of the Greater Hyderabad Municipal Corporation (GHMC) Act, 1955, empowers the Municipal Commissioner to "regularise" certain constructions that were built without prior permission or in deviation of approved plans.
In simple terms, if a building was constructed illegally (without a permit) or if the builder deviated from the approved plan (e.g., building an extra floor), this section allows the GHMC to legally "forgive" the violation upon payment of a penalty. what is section 635 of ghmc act 1955
The section applies to any person—individual, company, builder, or institution—who contravenes any provision of the GHMC Act or its by-laws, unless a different punishment is specifically provided elsewhere.
Not only doing a prohibited act, but also failing to do a required act (e.g., not obtaining a building permit when required) can attract Section 635.
It is important to distinguish Section 635 from other penal sections in the GHMC Act: Within the structural hierarchy of the GHMC Act, 1955:
| Section | Purpose | Penalty | |-------------|-------------|--------------| | Section 421 | Illegal construction of building | Imprisonment up to 3 months + fine up to ₹5,000 + demolition | | Section 636 | Obstruction of municipal officer | Fine up to ₹500 | | Section 635 | Residual violations (e.g., by-law breach) | Fine up to ₹5,000 + daily fine |
If your violation is specifically covered by Section 421 (building rules), Section 635 may not apply directly. However, courts often invoke Section 635 when the main penal section fails to cover a particular nuance of the violation.
Hyderabad saw a massive real estate boom in the decades following the Act's inception. Thousands of buildings were constructed: The provision belongs to a family of clauses
Under strict law, these buildings should be demolished. However, demolition is a complex, expensive, and politically sensitive process. The government realized that if a building is structurally safe and does not obstruct major public roads or drainage, it makes more sense to penalize the owner and regularise the structure rather than tear it down. Section 635 provides the legal framework for this compromise.
For serious or repeated violations, the GHMC can initiate criminal proceedings against the owner, builder, or even the architect. Upon conviction by a magistrate, the offender can be subject to: