Amendment status not verified — confirm the current text below against the official source.
(1) No person shall, without permission, in writing, of the Commissioner or otherwise than in conformity with the conditions, if any, 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 what was intended in the original sanctioned plan, or materially alter, enlarge, or extend, the use permitted by the Commissioner. 110 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 [PART III The West Bengal Municipal Corporation Act, 2006. (Part VII.—Chapter XIV.—Buildings.—Sections 273, 274.) (2) If, in any case, such permission is given, no change of occupancy or use shall be allowed before any necessary alterations or provisions have been made to the satisfaction of the Commissioner, and in accordance with the provisions of this Act or the rules or the regulations made thereunder or of any other law for the time being in force. Licence to be obtained for use of premises for non-residential purpose. Power to prevent use of premises for specified purpose in particular area for reasons of environment. (3) Any change of use made before the commencement of this Act shall be deemed to be an unauthorised change and shall be dealt with under the provisions of this Act. (4) Notwithstanding any other action that may be taken against any person, whether owner or occupier, contravening any provision of this section, the Commissioner 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 continues. (5) The Commissioner may, if he deems fit, order that the unauthorised use be stopped forthwith: Provided that before making any such order, the Commissioner shall give the person affected an opportunity to show cause why such order shall not be made. (6) Any person aggrieved by an order of the Commissioner under sub-section (5) may, within thirty days from the date of the order, prefer an appeal against the order of the Commissioner to the Mayor whose decision on such appeal shall be final and conclusive. (7) Where an appeal is preferred under sub-section (6), the Mayor may stay the enforcement of the order passed by the Commissioner 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 Commissioner or the Mayor to restrain from taking any action, or making any order, in pursuance of the provisions of this section. Explanation.—For the purposes of this chapter, "unauthorised use" shall mean change or conversion of a building without sanction from one occupancy or use to another occupancy or use for residential, commercial, mercantile, industrial, storage, institutional, congregational, or hazardous (dangerous or offensive) purpose.