Amendment status not verified — confirm the current text below against the official source.
(1) No person shall, without the written permission of the Chairman or otherwise than in conformity with the conditions of such permission,— (a) use or permit to be used for the purpose of human habitation any building or part thereof not originally erected or authorised to be used for such purpose; (b) change or allow the change of the use of a building for any purpose other than that specified in the sanctioned plan; (c) change or allow the change of the use of any building erected before the commencement of this Act contrary to the use for which such erection was originally sanctioned; (d) convert or allow the conversion of a tenement within a building to an occupational use, other than the use intended in the original sanctioned plan, nor materially alter, enlarge or extend the permitted use. Power to prohibit change of authorised use of building. 297 The West Bengal Municipal Act, 1993. [West Den. Act (Part V.—Regulatory Jurisdiction.—Chapter X1V—Building.— Section 200.) (2) If, in any case, such permission is given, no change of occupancy or use shall be allowed bdfore necessary alterations or provisions have been made to the satisfaction of the Chairman and in accordance with the provisions of this Act or the rules or the regulations made thereunder or any other law for the time being in force. (3) Any change of use made before the commencement of this Act, except in so far as such use is permissible under the provisions of the Bengal Municipal Act, 1932, shall be deemed to be an unauthorised Ben. Act XV change and shall be dealt with under the provisions of this Act. of 1932. (4) Without prejudice to any other action that may be taken against any person, whether owner or occupier, contravening any provision of this section, the Board of Councillors may levy on such person, in accordance with such scale as may be prescribed, a fine not exceeding in each case rupees one hundred per square metre per month for the area under unauthorised use throughout the period during which such contravention countinues. (5) The Chairman may, if he deems fit, order that the unauthorised use be stopped forthwith: Provided that before making any such order, the Chairman shall give a reasonable opportunity Co the person affected to show cause why such order shall not be made. (6) Any person aggrieved by an order of the Chairman under sub- section (5) may, within thirty days from the date of the order, prefer an appeal against the order to the Board of Councillors whose decision in the matter shall be final and conclusive. (7) Where an appeal is preferred under sub-section (6), the Board of Councillors may stay the enforcement of the order made by the Chairman under sub-section (5) on such terms and for such period as it may think fit. (8) Save as otherwise provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the Chairman or the Board of Councillors to restrain from taking any action or making any order in pursuance of the provisions of this section. Explanation.—For the purposes of the Chapter, "unauthorised use" shall mean change or conversion of a building without sanction from one occupancy or use to another, such "occupancy" or "use" being for purposes, namely, residential, commercial, business, mercantile, industrial, storage, institutional, assembly and hazardous (dangerous and offensive): Provided that any change or conversion, which is considered not to be of material significance under the rules made under this Act, shall not be deemed to be an "unauthorised use" for the purposes of this Chapter. 298 The West Bengal Municipal Act, 1993. XXII of 1993.] (Part V—Regulatory Jurisdiction.—Chapter X1V.Building.— Sections 201-203.)