Bare ActsThe calcutta municipal corporation act, 1980

Section 413

Amendment status not verified — confirm the current text below against the official source.

(t) The Municipal Commissioner may, al any lime during [he Inspection of -- erection or rc- ereclion of a building or ihe execution of any work under holdings, ihis Chaplcr, make an inspection thereof" wiihoul giving any previous nolice of his intention so lo do. (2) The Municipal Commissioner may inspcc( any existing building al any time by giving seven days' notice in advance, •413A. (1) Notwithstanding anything contained in this Chapter or Rcgulari?.,-!- elsewhere in this Act, all buildings, the construction of which by the ,5 ;n persons displaced from East Pakistan (now Bangladesh) or by their certnin successors-in-in teres I on lands occupied by such persons have been eases, completed on or before the commencement of lhe Calculla Municipal Corporation (Amendment) Act, 1996, and where the documents of title lo such lands have been granted by the Slate Governmeni, .s-hall be regularized by the Municipal Commissioner under this Chapter, subject to payment of the requisite fees and charges and no submission of application in the prescribed from along with the plan Tor each such building: Provided thai such regukirization shall be made only in the cases where the constructions have been completed in conformity with the existing building rules of lhe Corporation: _ Provided further that in lhe cases where the building have been completed not in conformity with the existing building rules of the Corporation, in the apporpriaie cases the Municipal Commissioner, in relaxation of such building rules, shall be competent to regularize such building: Provided also that where the documents of title lo the land as aforesaid have nol been granted by the State Government, the buildings on such lands shall be regularized in the aforesaid manner after lhe documents of title lo such lands are granted by the Stale Government. Explanation.—While relaxing the building rules of the Corporation, the Municipal Commissioner shall, in addition lo other factors, if any, take into account lhe structural stability and safely of lhe buildings in accordance with such rules as Lhe State Government may make in this behalf. (2) Where the construction of Lhe building has been completed by such person on or before the commencement of the Calcutta Municipal Corporation (Amendment) Act, 1996, and the document or title to land has been granted by the State Government, such person shall apply for regularization in accordance with the provisions of sub-scclion (1) within -[three years] from Lhc date of commencement of the Calcutta Municipal Corporation (Amendment) Act, 1996. 'Seciion 413A was inserted hy s. IS oflhe Calculla Municipal Corporalion (AmcniJmcnl) Aci. 1996 (Wcsl Hen, AcL VI of 1996). TTic words within lhc square brackcls u-ere subslilulcd Tor lhc words "one yc.tr" by s. 32 of lhc Calculla Municipal Ccirpfiralion (Amendment) Acl, 1997 (Wesl Ben. Acl XXVI of 1997). 790 The Kolkaia Municipal Corporation Act, 1980. [West Ben. Act (Pari VI,—Town Planning, Land and Land Use Controls.— Chapier XXII.—Buildings.—C. Licensed Building Architects.— Scclion 414.) •- (3) Where lhe cons into lion of Ilie building has been completed but the document of lillc lo land has noi been granted by the Slale Government, such persons shall apply for regularization in accordance with (he provisions of sub-section (I) within one year from the dale of gram of document or title to land. (4) Any building, ihc construction of which on the land as aforesaid has not been completed at the date of commencement of lhe Calculla Municipal Corporation {Amendment) Aci, 1996, or any building proposed lo be constructed on or after the said dale, shall be governed, by the provisions of this Chapter. C. Licensed Building Architects ENGAGEMENT . '414, (1) Every person, who intends to erect, re-erect, add to, oralier, of lechnical , . . penan. any building, shall, subject to the provisions of lhis Aci, engage such technical person and in such manner as may be prescribed. (2) The categories, and the qualifications, competence, duties and responsibilities, of the lechnicu) persons shall be such as maybe prescribed. (3) The Municipal Commissioner may by notification specify the manner of enrolment of, or grant of licence to, the technical persons, (4) The Municipal Commissioner may by order cancel the enrolment of, or revoke the licence granted lo. a technical person on the ground of dereliction of any duly or responsibility prescribed under sub-seciion (2), or professional misconducl or moral turpitude, on his pari after giving him a reasonable opportunity of being heard. (5) [f, in any case, any loss of lire or property is caused, or is likely to be caused, by reason of any misconduct on lhe pari of a technical person engaged under sub-section (J), such technical person shall be subjeel to the provisions of section 401 A. Explanation.—For the purposes or Lhis section, the expression "technical person" shall mean a technical consultant. 'Scclion 414 wassubslilulcd for Ihc original scclion by s. 19 of Ihc Calculla Municipal Corporal ion (Amendmenl) Acl, 1996 (Wcsl Ben. Acl VI of 1996). The Kolkata Municipal Corporation Act, 1980. 246 West Ben, Acl XXX or

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