Bare ActsThe calcutta municipal corporation act, 1980

Section 416

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

(1) No person shall, without any written permission of the Municipal Commissioner or otherwise lhan in conformity with lhe condiiions, if nny, of such permission,— (a) use or permit lo be used for llie purpose ofhuman habitation any pan of a building nol originally ercclcd or authorised lo be used for such purpose; (b) change or allow the change of the use of any building for any purpose olher lhan lhat specified in lhc sanclion under seciion 396; (c) changc or allow the change of the use of any building ercclcd before lhc commencement of this Act contrary io the use for which such ereclion was originally sanciioned; (d) convcn or allow lhe conversion of a tenement under a particular occupancy or use group lo a tenement under another occupancy or use group: Provided that no such permission shall be given if the new occupancy or use group is otherwise lhan in conformity with the provisions of ihis Aci or the rules and lhe regulations made thereunder or of any olher law in force for lhe time being. (2) If, in any case, such permission is given, no changc of occupancy or use group shall be allowed before any ncccssary alterations or provisions have been made io ihe satisfaction oflhe Municipal Commissioner and in accordance with the provisions of ihis Acl or the rules and the regulations made thereunder or of any other law in force for the lime being. (3) Any change of use made before llie commencement of Ihis Acl, except in so far as such use is permitted under '[section 385] of the :[Kolkala] Municipal Acl, 1951, shall be deemed (o be an unauthorised change and shall be deall with under lhe provisions of this Acl. (4) Notwithstanding any olher action that may be laken against any person, whether owner or occupier or both, contravening any provision of ihis section, the Municipal Commissioner may levy on such person in accordance wiih such scale as may be -^determined by regulations! a fine nol exceeding in each case rupees one hundred per square melre per monlh (Part VI,—Town Planning. Land and ImiuI Use Controls.— Chapter XXIII.—Regulation of Building Uses.—Section 417.) Tor lhe area under unauthorized use throughout the period during which such coruravention continues. (5) The Municipal Commissioner may, if lie deems fit, order that the unauthorized use be slopped forthwith: Provided that before making any such order, the Municipal Commissioner shall give a reasonable opportunity to the person affected lo show cause why such order should not be made. (6) Any person aggrieved by an orderof the Municipal Commissioner under sub-seciion (5) may, within thirty days, from the dale of the order, prefer nn appeal against, the order to lhe Municipal Building Tribunal appointed under section

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