17.1 Partial Invalidity
In the event any part or provision of the Code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions thereof, which may or shall be determined to be legal, and it shall be presumed that the Code would have been passed without such illegal or invalid parts or provisions.
17.2 Segregation of Invalid Provisions
Any invalid part of the Code shall be segregated from the remainder of the Code by the court holding such part invalid, and the remainder shall remain effective.
17.3 Decisions Involving Existing Buildings
The invalidity of any provision in any clause of the Code as applied to existing buildings and structures shall not be held to effect the validity of such section in its application to buildings hereafter erected.
18 ARCHITECTURAL CONTROL
18.1 Compliance with the provisions of the Code is adequate for normal buildings. But for major public building complexes or buildings coming up in an important area near historic/monumental buildings and areas of heritage, the aesthetics of the whole scheme may also have to be examined, vis-a-vis existing structures. In addition, any development which may mar the general characteristics and environment of historical, architectural or other monuments should also be subject to the provisions of this clause. This clause is intended to cover very few structures to come up in
PART 2 ADMINISTRATION
the vicinity of other declared/historically important structures, and the scrutiny shall be limited to the external architectural features only so as to ensure an aesthetic continuance of the existing structures with the new. The scrutiny shall not deal with the routine building plan scrutiny from other requirements of Code from the point of view of structural safety and functional requirements.
18.2 An Urban Arts Commission shall be established at the city/state level on issues related to urban aesthetics, through a statute. This statutory authority/commission established by an Act of State Legislative Assembly, shall accord approval to all major buildings/important development projects having bearing on the urban aesthetics, depending upon the importance of the area with respect to natural or built heritage or projects on plot areas above 1 ha and located in specifically identified areas. The Urban Arts Commission shall act as guardian of urban architecture; mainly with regard to building form and envelope, the relationship between the building, and the ambient environment vis-a-vis other dependents should be seen in depth.
18.3 The Commission may work in the following manner:
a) The Commission may select only the important buildings as in 18.1 and examine the same. The person responsible for the schemes, say an architect or an engineer, may examine either alone or with the owner. A study of the plans, elevations, models, etc, should be made. The architect/engineer should explain in general terms the purposes which the building is to serve and the main conditions which have influenced him in preparing the design.
b) The Commission after full discussion, may communicate their decision in writing to the parties concerned. The Commission may recommend a change in the whole scheme or suggest modifications in the existing scheme, if so required.
18.4 The Urban Arts Commission should also be charged with advising the city government, on schemes which will beautify the city and add to its cultural vitality.