Amendment status not verified — confirm the current text below against the official source.
(1) No person shall, without the permission, in writing, of the Chairman change of or otherwise than in conformity with the conditions of such permission,— authorized use of building. (a) use or permit to be used for the purpose of human habitation any building or part thereof not originally erected or authorized 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. (2) If, M any case, such permission is given, no change of occupancy or use shall be allowed before 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. Power to regulate fu- ture construction of building in particular streets or localities. West Ben. Act X111 of 1979 590 THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 [PART III The New Town, Kolkata Development Authority Act, 2007. (Part V.—Regulatory Jurisdiction.—Chapter X—Building.— Sections 68-70.) (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 West Bengal Panchayat Act, 1973, or the West Bengal Municipal Act, 1993, shall be deemed to be an unauthorized change and shall be dealt with under the provisions of this Act. (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 Development Authority 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 unauthorized use throughout the period during which such contravention continues. (5) The Chairman may, if he deems fit, order that the unauthorized use be stopped forthwith : Provided that before making any such order, the Chairman shall give to the person affected a reasonable opportunity 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 State Government whose decision thereon shall be final and conclusive. - • (7) Where an appeal is preferred under sub-section (6), the State Government 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 State Government 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, "unauthorized use" shall mean change or conversion of a building without sanction from one occupancy or use to another, such "occupancy" or "use" being for any of the 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 "unauthorized use" for the purposes of this Chapter.