Bare ActsThe calcutta municipal corporation act, 1980

Section 410

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The Municipal Commissioner may, with a view lo promoting public or occupier's convenience, safety, privacy, or sanitation or io securing conformity with lhe provisions of ihis Acl and the rules and the regulations made thereunder, by order in writing require the owner of any existing building lo make such alieraiionslherein wiihin such period as may be specified in lhe order: Provided lhai before making any such order, ihe Municipal Commissioner shall afford a reasonable opportunity lo the owner lo show cause why such order should not be made. 411, (1) If any wall or building, or anything affixed thereto, be deemed by the Municipal Commissioner io be in a ruinous slale, or likely lo fall, or to be in any way dangerous, he shall forthwith cause a written nolice to be served on the owner and to be puL on some conspicuous part of lhe wall or building or served on lhe occupier, ir any, of the building, requiring such owner or occupier forthwith io demolish, repair or secure such wall, building or thing, as lhe case may require: 'Provided thai in lhe case of a heritage building, lhe Municipal Commissioner may refer the state or lhe condiiions thereof io the Heritage Conservation Committee for its consideration and decision. (2) The Municipal Commissioner may, if it appears to him necessary so to do, cause a proper hoarding or fence or other means of protection io be put up at the expense of the owner of such wall or building for the safety of the public or the inmates thereof; and may, afier giving them such nolice as lhe Municipal Commissioner may think necessary, require the inmates of lhe building to vacate il. 'Proviso was added by s. 31 of (he Calculla Municipal Corporation (Amendment) Act. 1997 (Wcsl Ben. Act XXVI of 1997). 788 The Kolkaia Municipal Corporation Act, 1980. [West Ben. Act Power lo order building ID be vacated in ccrtain circum- sianccs. (Pari VI.—Town Planning, Land and Land Use Controls.— Chapter XXII.—Buildings.—R. Central Powers.—Section 412.) (3) The provisions of this Act and of any rules or regulations made thereunder relating lo buildings shall apply to any work done in pursuance, or in consequence, of a notice issued under sub- section {1 )- (4) (a) Notwithstanding Liny thing contained in the foregoing subsections, the Municipal Commissioner may, forthwith or with such notice as he thinks Hi, demolish, repair or secure or cause to be demolished, repaired or secured, any such waJI or building or thing affixed thereto, on the report of the Chief Municipal Architect and Town Planner, certifying lhat such demolition, repair or securing of (he building, wall or thing is necessary for the safely of ihc public or the inmates of the building. (b) III any such case the Municipal Commissioner may causc the inmates of the building to be summarily removed from the same or such portion thereof as he may consider necessary. (c) All expenses incurred by the Municipal Commissioner in taking action under this sub- section shall be paid by the owner of such wall, building or thing. (5) Any acLion taken by the Municipal Commissioner under sub- scclion (4) shall, unless lhe contrary is proved, be deemed to have been taken lawfully and in good faith and with due cane and alien lion.

Section 410 – The calcutta municipal corporation act, 1980 | DailyLaw.ai