Bare ActsThe calcutta municipal corporation act, 1980

Section 43S

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

(i) Except as hereinafter provided in lhis ACL, no person shall use or permit to be used any premises Tor any of the non-residential purposes meruioncd in schedule V wilhoul or otherwise lhan in conformity with ihc terms yT a municipal licence granted by the Municipal Commissioner so as not lo contravene the provisions of sub-section (2): Provided that no such municipal liccnce shall be given in rcspect of nny non-res id en Li nl use of a premises which is otherwise lhan in confonnily with lhe provisions of this Act or any oiher Jaw forthe lime tie ing in forcc or ihc rules or the regulations or orders made thereunder, (2) In case of a non-residential use of a premises for a purpose for which a liccnce or permission is required from Government or any siaiutory body under any law Tor Lhe lime being in force, no municipal licencc under lhis section shall be given until the licence or permission under the said law has been produced before Lhe Municipal Commissioner, and duly authenticated copies thereof are submitted lo him: Provided that in lhe case where production of a municipal liccnce is a precondition for ifie gram or a licencc under any other law for the time being in force, the Municipal Commissioner may gram a provisional municipal licence which shall become final only upon production of a licencc or permission under the said law; Provided further that such provisional municipal licence shall have validity only forthe purpose of fulfilling lhe preconditions of the licence under any other law as aforesaid. (3) In specifying ilie terms of a licence granted under lhis seclion, the Municipal Commissioner may require [lie liccncee lo lake all or any of such measures as he may deem fit to guard against danger ID lite, health or properly or for the abatement of nuisance of any kind. (4) The CorporaLion shall by regulation determine the fees to be paid in respect of a municipal licence to be granted under sub-section (1). and may specify differeni fees Tor different categories of non-res idcniinl uses in different areas of'[Kolkata]: Provided that no such fees shall exceed rupees iwo thousand and five hundred in any case, (5) The Corporation may by regulation determine the following:— (a) when the initial licence is to be taken out and the procedure of annual renewal thereof; LIX of l!>80.] The Kulkntn Municipal Corporation Act, J980. 809 Municipal licencc for privaic murkcls. Prohibillon of keeping market open u'iilinuc liccncc, cic. Prohibition of use of unlicensed markets. (Part VI.—Town Planning, Limit and Land Use Controls.— Chapter XXV.-—Municipal L icen scs.—Sect io i is 436- 438.) (b) mailers connected wilh the display oI" licence, inspection of premises, powers of inspectors, and such other mailers. (6) The Municipal Commissioner shall maintain two separate registers in such form and in such manner as may be prescribed so thai in respect of cach municipal licence granted under lhis scclion,— (a) one register shall contain 'premiseswise' information on lhe non- residential uses, and (b) one register shall contain such information, on basis or different 'non- residetvtial user groups', for factories, warehouses, medical inslitutions, educational institutions and others as may be prescribed. 436, (1) Notwithstanding any licencc required under seclion 435, the Municipal Commissioner may, wilh lhe prior approval of the Mayor-in- Council, grant lo any person a municipal licence to establish or keep open a private market on payment of such fees as may be determined by the Corporaiion by regulalion, and may specify such conditions consistent with lhis Act as he may deem til. (2) When the Municipal Commissioner refuses to grant any licence, he shall record a brief statement of ihc reasons for such refusal. (3) The Municipal Commissioner may, with the previous approval of the Mayor-in-Council and for reasons lobe recorded in writing, suspend a licence in respect or a private market for such period as he thinks fit or cancel such licence, (4) A private market of which the licence has been suspended or cancelled as aforesaid shall be eloscd wilh effect from such date as may be specified in the order of suspension or cancellation.

Section 43S – The calcutta municipal corporation act, 1980 | DailyLaw.ai