Amendment status not verified — confirm the current text below against the official source.
(1) Every person giving any noiicc of his intention lo erect a building under seclion 393 shall xpccify the purpose for which such building is intended to be used: Provided that for any building, not more than one class of use, consistent with the occupancy or the use group within the meaning of sub-secLion (2) or section 390, shall be considered except in respect of the cases where, under this Act or any other law in force for the lime being, mixed occupancies of specified nature may be permissible. (2) Every person giving any notice under sec Li on 394 of his intention lo execute any of the works specified in clause (b) of sub-section (I) of seclion 390 shall specify whether the purpose for which such work is intended to be executed is proposed, or is likely, to be changed by such execuiion of work: Provided that if such change would result in mixed occupancies which are contrary io the provisions of Lhis Act or of any other law in force for the time being, such change shall not be allowed. (3) No notice shall be valid until the information required in sub-sec Lion (I) or sub-section (2) and any other information and plans which may be required by the rules made in this behalf have been furnished lo the satisfaction of the Municipal Commissioner along with the notice. 'The words, brackeis and letters wilhin ihc square brackets were subsliluled for ihc word, brackets and letter "clause (b)" by s. 35 of the Calcutta Municipal Corporaiion (Second Amendment) Act, 19S4 (WCM Ben, Act XIII OR 19W). 7V,v Kolkaia Municipal Corporation Act, 1980. 775 LIX of1980J (Part VI.—Town Planning, Land and Land Use Controls.— Chapter XXII.—Buildings.—A. Procedure.—Section 396.) 396, (1) The Municipal Commissioner shall sanction lhe erection of Sanction or a building orlhccxecuLion of a work unless such building or work would ^ncikm'or contravene any of the provisions of sub-section (2) or sub-section (3) j^Jd'-ngor of this section or the provisions of section 405 or seciion 406: WDr*- Provided that no such sanction shall be accorded without the prior approval of the Mayor-in-Council in case of any building, except a residential building, proposed to be erected or re-erected on a plot of '[500 square metres or less of land, or a heritage building:] Provided further lhat the Mayor-in-Council shall consider lhe recommendations of lhe Municipal Building Committee 2[and those of the Heritage Conservation Committee] and shall finalize its decision after such consideration. (2) The sanction of a building or a work may be refused on the following grounds:—■ (a) lhat the building or lhe work or lhe use of lhe site for the building or the work or any of lhe particulars comprised in lhe site plan, ground plan, elevation, sec Li on or specification would contravene the provisions of this Acl or the rules and lhe regulations made thereunder or of any olher law in force for the time being; (b) thai the notice for sanction docs not contain the particulars or is not prepared in the manner required under the rules and lhe regulations made in this behair; ^c) thai any information or document required by lhe Municipal Commissioner under this Act or the rules or lhe regulations made thereunder has noL been duly furnished; . (d) thai in cases requiring a layout plan under section 364 or seciion 365 such layoul plan has not been sanctioned in accordance with the provisions of Ihis Aci; (e) thai lhe building or the work would be an encroachment on Government land or land vested in the Corporation; 'The words and figures wiihin the s,',u:iro'hr.]ckcK were substituted for lhe wants and figures "500 square metres or less ofland:" by L 29(1} of the Calculla Municipal Corporation (Amendment) Act, 1997 (W«l Ben. Act XXVI of 1997). The words within the square brackets were inserted by s. 29(2), ibid. 776 77ie Kolkaia Municipal Corporation Act, 1980. Sanction or provisional Sanction accorded under mis- representa- tion. [Wcsl Ben. Acl (Pari VI,—Town Planning, Land and Land Use Controls.— Chapier XXII. —Buildings. —A. Procedure-Section 397.} (f) thai the site of lhe building or the work does not abut on a slreel or projected street and that ihere is no access to such building or work from any such slreel by any passage or pathway appertaining lo such site. (3) If, for the use of a building, a licence or permission is required from any department of Government or statutory body under any law in force for lhe lime being, and if such licence or permission is not immediately available, a provisional sanction shall be given for the ereciion or such building and upon the production of such licence or permission and submission of duly authenticated copies thereof, sanction under sub-seciion (1) shall be given: Provided lhal the provisional sanction shall be subjeel to all oiher provisions of this Chapter. (4) The Municipal Commissioner shall communicate the sanction or lhe provisional sanction lo the person who has given lhe noiice under seclion 393 or scclion 394; and where he refuses sanction or provisional sanction either on any of the ground specified in sub-seciion (2) or under section 405 or section 406; he shall record a brief statement of his reasons for such refusal and shall communicate the refusal along with the reasons therefor to the person who has given the- noiice. (5) The sanction or the provisional sanction or the refusal to the erection of a building or the execution of a work shall be communicated in such manner as may be specified in Lhe rules and the regulations made in this behalf and, in the case of sanction or provisional sanction to the erection of a building, the occupancy or use group shall be specifically slated in .such sanction.