Amendment status not verified — confirm the current text below against the official source.
(1) Where '[lhe demolition of any heritage building or] the erection or any building or the execution of any work has been commcnced or is being carried on without or contrary to the sanction referred io in section 396 or in contravention of any condition subjeel to which such sanction has been accorded or in contravention of any provisions of lhis ACL or the rules or the regulations made thereunder, the Municipal Commissioner may, in addition to any other aciion that may be taken under lhis Acl, by order, require the person al whose instance the building or the work has been commenced or is being carried on to slop lhe same forthwith. 'The words wilhin the square brackets were inserted by s. 30(1) of the Calcutta Mnnirinnl CVirnnmTTnn Mmrnrimrnh An IQQ7 Rpn APT WV1 nf 10071 The Kolkata Municipal Corporation Act, 1980. 236 LIX of 1980.] (Part VI,—Town Planning, Land and Land Use Controls.— Chapter XXII-—Buildings.—A. Procedure.—Section 401.) ■ 22(1A) (a) Noiwithslanding anything contained elsewhere in this Act or in any rules or regulations made thereunder, no owner of any building, and no person engaged in the construction of any building on behalf of the owner thereof shall allow storage or stagnation of water in the site for lhe construction of such building. Every such owner or every such person, as the case may be, shall completely empty all collections of such water at least once in a week. (b) Where lhe construction or a building is carried on in contravention of lhe provisions of clause (a), lhe Municipal Commissioner may, in addition (o any other action lhal may be taken under this Act, by a written order, require the person at whose instance such storage or stagnation of water in the site for the construction of lhe building is made io stop forthwith any further construction or the building, and such order shall remain in forcc till the person as aforesaid complies wilh lhe requirements of the order as aforesaid to the satisfaction of the Municipal Commissioner. - '(IB) If an order made by the Municipal Commissioner under clause (b) of sub-section (] A) directing any person lo stop the construction of any building is not complied with, the Municipal Commissioner may take such measures as he deems fit or may require any police officer Lo remove such person and all his assistants and workmen from the premises within such Lime as may be specified by the Municipal Commissioner and such police officer shall comply wilh such requirement. (2) No Court shall enleriain any suit, appl ication or other proceeding for injunction or oiher relief against the Municipal Commissioner to restrain him from taking any action or making any order in pursuance or the provisions of this section. (3) ir an order, made by the Municipal Commissioner under seclion 400 or under sub-section (1) of this section directing any person to stop Lhe erection of any building or the execution or any work, is not complied wilh, the Municipal Commissioner may lake such measures as he deems fit or may require any police officer to remove such person and all his assistants and workmen from lhe premises within such lime as may be specified by the Municipal Commissioner and such police officer shall comply wilh such requirement. (4) After Lhe requirement under sub-section (3) has been complied wilh, the Municipal Commissioner may, if he thinks fit, depute, by a wrilien order, o police officer or an officer or other employees of the Corporation to watch the premises in order lo ensure that the erection of the building or the execuiion of lhe work is nol continued. 'Sub-scciions (I A) and (IB) were inserted by s. 30(2) of ihc Calculla Municipal The Kolkata Municipal Corporation Act, 1980. 782 Power of Municipal Commis- sioner to require alteration of work. Cons iruci ion of building in contravention of the provisions or the Aci or (he rules nude thereunder. 2 of 1974. [West Ben. Acl (Part VI.—Town Planning, Land and Land Use Controls,— Chapter XXII.—Buildings.—A. Procedure.—Sections 40/A, 402.) (5) Where a police officer or an officer or other employee of ihe Corporation has been deputed under sub-secLion (4) to watch lhe premises, [he cost or such deputation to be determined by the Corporalion by regulations shall be paid by the person a[ whose instance such ereclion or execution is being continued or lo whom no[ice under sub- secLion (1) has been given and shall be recoverable from such person as an arrear of [ax under [his Acl. '401A. (1) Notwithstanding anything contained in [his Act or [he rules made [hereunder or in any other law for [he time being in force, any person, who, being responsible by himself or by any other person on his behalf, so constructs or attempts lo so construct or conspires lo so construct any new building or additional floor or floors of any building in contravention of lhe provisions of this Acl, or the rales made thereunder as endangers or is likely to endanger human life, or any property of the Corporation whereupon the water-supply, drainage or sewerage or [he road traffic is disrupted or is likely to be disrupted, or is likely lo cause a fire hazard, shall be punishable with imprisonment of either description for a term which may extend [o five years and also with fine which may extend to fifty thousand rupees. Explanation.—'"Person" shall include an owner, occupicr, lessee, mortgagee, consultant, promoter or financier, or a servant or agent of an owner, occupier, lessee, mortgagee, consultant promoter or financier, who supervises or causes the construction of any new buildi ng or additional floor or floors of any building as aforesaid. (2) The offence under sub-section (1) shall be cognizable and non- bailable, within the meaning of lhe Cade of Criminal Procedure, 1973. (3) Where an offence under sub-scclion (1) has been committed by a company, the provisions of section 619 shall apply lo such company. Explanation.—"Company" shall have lhe same meaning as in the Explanation to section 619.