Amendment status not verified — confirm the current text below against the official source.
After sub-section (9) of section 179 of the principal Act, the following sub-sections shall be inserted:— "(10) (a) No person shall, without the previous permission in writing of the Commissioner or otherwise than in conformity with the conditions, if any, of such permission, use any premises in Howrah for the purpose of a hospital, nursing home, clinic, polyclinic, diagnostic laboratory or such other institutional medical facility as may be specified by the Mayor-in-Council from time to time. (b) The Commissioner may refuse to give such permission if he is of the opinion that the proposed premises is not suitable for the purpose as aforesaid in view of criteria of hygiene and environmental sanitation. (11) (a) No person shall, without the previous permission in writing of the Commissioner or otherwise than in conformity with the conditions, if any, of such permission, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power: Provided that no such permission shall be granted in contravention of the provisions of sub-section (17) of this section. 8 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 ART III The Howrah Municipal Corporation (Amendment) Act, 2024. (Section 1I.) (b) The Commissioner may refuse to give such permission if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises in the proposed position— (i) would be objectionable by reason of density of population in the neighbourhood thereof, or (ii) would be a nuisance to the inhabitants of the neighbourhood, or (iii) would be in contravention of any land use control under this Act or any other law for the time being in force. (12) (a) No person shall, without the previous permission in writing of the Commissioner or otherwise than in conformity with the condition, if any, of such permission, use, or materially alter, enlarge, or extend the use of any premises as a warehouse or a godown or for running a goods transport business either by his own carriers or by arrangement with the owners of such carriers: Provided that no such permission shall be granted in contravention of the provisions of sub-section (17) of this section. (b) The Commissioner may refuse to give such permission if he is of the opinion that the use, or the alteration, enlargement or extension of the use, of any premises as a warehouse or a godown or for running a goods transport business— (i) would be objectionable due to the traffic constraints in the vicinity of such premises, or (ii) would be undesirable due to inadequate space for parking of vehicles or loading or unloading of goods, or (iii) would constitute a fire hazard, or (iv) would be a nuisance to the inhabitants of the neighbourhood. (c) In a case where such permission is granted, the Commissioner may specify such conditions for parking of vehicles or loading or unloading of goods as he may deem fit. (13) (a) No permission shall, without the written permission of the Commissioner or otherwise than in conformity with the conditions, if any, of such permission, use, or permit to be used, or materially alter, enlarge, or extend the use of, any premises for the purpose of establishing or keeping open an eating house, hotel, boarding houses, tea shop, coffee house, cafe, restaurant, refreshment room, snack shop, snack bar, sweet meat shop, liquor house, tavern, wine shop, beer shop, spirit shop, arrack shop, toddy shop, ganja shop, bhang shop, opium shop, tobacco shop, bidi shop, cigarette shop, zarda shop, betel shop or betel leaf masala shop or for the purpose of sale of dab or dab water or any place, where the public are admitted for repose or consumption of any food or drink or where food is sold or is prepared for sale for any such purpose, or any premises let out to any person for performance of any sacred thread, marriage, annaprasan or sradh ceremony or marriage or death anniversary or similar other ceremony: Provided that no such permission shall be granted in contravention of the provision of sub-section (17) of this section. PART nil THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 9 The Howrah Municipal Corporation (Amendment) Act, 2024. (Section 11.) (b) The Commissioner may at any time cancel or suspend any permission under sub-section (1), if he is of the opinion that the premises covered by such permission are not kept in conformity with the conditions of such permission or the provisions of any rules or regulations made in this behalf, whether the person is prosecuted under this Act or not. (14) (a) No person shall, without the written permission of the Commissioner or otherwise than in conformity with the conditions, if any, of such permission, which shall be granted subject to the provisions under sub-section (17) of this section, use, or permit to be used, or materially alter, enlarge or extend the use of any premises for the purpose of establishing or keeping open any theatre, cinema house, drive-in theatre or cinema house, circus, fair, fete, exhibition or dancing hall, or any other place of similar public resort, recreation or amusement for any such purpose: Provided that nothing in this section shall apply to private performances in any place. (b) The Commissioner may specify any conditions for providing, within the premises, space for the vendors catering to the public needs in connection with such purposes. (15) (a) The Commissioner may, from time to time and with the prior approval of the Mayor-in-Council, notify that no new market or shop or trading premises shall be established or kept open to abut on a category I or category II or category III street or portion thereof, without his prior permission, which shall be subject to the provisions of sub-section (17) of this section. (b) The Commissioner may refuse to give such permission with due regard to the traffic constraints in the vicinity. (c) Notwithstanding the existence of any markets or shops on any such street, such refusal of the Commissioner shall be final. (16) (a) The Commissioner may, from time to time and with the prior approval of the Mayor-in-Council, notify such other non-residential uses of premises (including the one for an educational building or an institutional building or an assembly building or a business building or a mercantile building or an industrial building or a storage building or a hazardous building) as are not provided for in this Chapter and in the case of which prior permission of the Commissioner shall be necessary, subject to the provisions of sub-section (17) of this section, for establishing, or materially altering, or enlarging, or extending the use of, any such premises. (b) The Commissioner may refuse to give such permission in any case on the ground that such use,— (i) would be objectionable by reason of the density of population in the neighbourhood, or (ii) would add to the traffic constraints in the vicinity including parking spaces, for vehicles, or (iii) would not conform to other predominant uses in the neighbourhood, or (iv) would constitute a fire hazard, or (v) would be a nuisance to the inhabitants of the neighbourhood, or 10 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 ART III The Howrah Municipal Corporation (Amendment) Act, 2024. (Section 12.) (vi) in the case of hospital or clinic would be harmful to the patients due to noise or an environment which poses a health hazard, or (vii) in the case of an educational building would deprive the students of playground facilities, or (viii) on any other similar ground. (c) Subject to any land use control under this Act or any other law for the time being in force, the Commissioner's decision in refusing permission under this section shall be final. (17) (a) In the case of any premises for the use of which a licence or permission is required from Government or any statutory body under any law for the time being in force, the Commissioner shall not grant any permission under this Act to any person until such person produces before the Commissioner the licence or the permission from Government or statutory body, as the case may be, and submits duly authenticated copies thereof to him: Provided that in the case where production of a municipal permission is a precondition for the grant of a licence or permission under any other law for the time being in force, the Commissioner may grant a provisional permission which shall become final upon production of a licence or permission under the said law: Provided further that such provisional permission shall have validity only for the purpose of fulfilling any precondition for the licence or the permission under any other law as aforesaid. (b) Notwithstanding anything contained in this Act, the Commissioner may, while granting permission under this Chapter, specify such special conditions, relevant to each case, regarding disposal of solid, liquid or gaseous wastes or for parking of vehicles or for loading or unloading of goods or for abatement of nuisance of any kind whatsoever as he deems fit.". Amendment of section 180C.