Amendment status not verified — confirm the current text below against the official source.
(J) Where wiihin a period ofsixly days or, incases falling under Jjuiidin ^ '[clause (b) lo clause (m)] of sub-seclion (1) of seciion 390, wiih in a work may be period of thirty days of ihe receipt or any nolice under section 393 or [^eeded seciion 394 or of any information under seciion 395 lhe Municipal Commissioner does not refuse lhe sanclion io lhe erection of any building or lhe execution or any work or, upon refusal, does not communicate lhe refusal lo the person who has given the noiicc, such person may make a representalion in wriiing to the Mayor: Provided thai if it appears to (he Municipal Commissioner (hat lhe site of Lhe proposed building or work is likely lo be affected by any . scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Municipal Commissioner may wiLlihold sanclion to lhe ereclion of the building or lhe execution of lhe work for such period, nol exceeding six months, as he may deem fit, and the period of sixty days or, as the case may be, Lhe period of thirty days, specified in this sub-scclion, shall be deemed io commence from the dale of lhe expiry of the period for which the sanction has been withheld. (2) Where the ereclion of a building or lhe execution of a work is sanciioned, the person who has given the nolice shall erecL lhe building or execute lhe work in accordance wiih such sanction and shall not contravene any of the provisions of this Aci or lhe rules or lhe regulations . made thereunder or of any other law in force for the time being. (3) If the person as aforesaid or any one lawfully claiming under him does nol commence the erection of the building or Lhe execution of the work within 2[lwo years] of the date on which lhe erection oflhe building or the execution of the work is sanciionedhe shall give notice under seciion 393 or, as lhe case may be, under section 394 for fresh sanclion and the provisions of this section shall apply in relation to such nolice as they apply in relation to the original notice. (4) Such person shall, before commencing the erection oflhe building or (he execution of lhe work within the period specified in sub- seclion (3), give nolice to the Municipal Commissioner of the proposed dale of commencement of such ereclion or such execution: - 'The wards, brackcls and tellers wiihin ihe square brackcls were substituted for lhe word, brackcls and letters "clausc (b)" by s. 36(a) of ihe Calculla Municipal Corporalion (Second Amendment) Acl, 1984 (Wcsl Ben. Acl XIII of 1984), The words within the square brackcls were substituted far ihe words "one year" by s. 17 of the Calcutta Municipal Corporation (Amendment) Acl, 1938 (West Ben. Acl XXI of 1988). ■The words "or is deemed lo have been ijneiioned" were omilied by s. 36(b) of Lhc Calculla Municipal Corporation (Second Amendment) Act. 1984 (West Ben. Act XIII of 19fW>. 778 The Kolkaia Municipal Corporation Act, 1980. [West Ben. Act Bar la cans l rue lion of huilding in certain coses Tor 3 limited period. Period Tor completion of building or work. (Pari VI.—Town Planning, Land and Land Use Controls.— Chapier XXII.— Buildings.—A. Procedure.—Sections 398A, 399.) Provided thai ir[he commencement does noi lake place wilhin fifteen days oF the dale so notified, Lhe noiice shall be deemed nol to have been given and a fresh noiice shall be necessary in this behalf. l398A. (1) Notwithstanding anything contained in this Acl or in any other law for the time being in forcc, wilh erred from the date of coming into force df the Calculla Municipal Corporatipn (Amendment) Act, 1990 (hereinafter referred lo in this seclion as the said Act) and for a period of one year from such dale (hereinafter rererred lo in lhis section as the said period), no person shall apply for sanction of any plan to erect a building exceeding thirteen and a hair meires in height. (2) Any application Tor sanction or any plan to erect a building exceeding thirteen and a hair meires in height, submitted by any person— (a) before lhe coming into force of the said Acl and lying pending for such sanction on the date of coming inio force or lhe said Act, or (b) al any lime during the said period, shall stand rejected forthwith. . (3) Any person, whose application for sanction of any plan to erect a building exceeding thirteen and a half metres in heighi stands rejected under sub-section (2), may apply afresh for such sanction in accordance wilh the provisions of this Acl and Lhe rules made thereunder on the expiry of the said period. (4) Any fee paid by any person for sanction of any plan to erect a building exceeding thirteen and a half metres in height, the application for which stands rejected under sub-section (2), shall, al his option, be refunded to him or adjusted towards the Tee payable by him for fresh application for such sanction under sub- seciion (3). (5) Notwithstanding anything contained in the foregoing provisions of this section, lhe Slale Government may, if il considers necessary or expedient so to do in the public interest, by notification, exempt any application for sanction of any plan from the operation of the provisions of this section.