(1)No person, in the municipal area of a Municipality, shall, without any written permission of the Chief Officer of the Municipality 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 part of a building not originally erected or authorised to be used for such purpose;(b)Change or allow the change of the use of any building for any purpose other than that specified in the sanction under Section 346 or in the notice given under sub-section (2) of section 343.(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 under a particular occupancy or use group to a tenement under another occupancy or use group:Provided that no such permission shall be given if the new occupancy or use group is otherwise than in conformity with the provisions of this Act or the rules and the regulations made thereunder or of any other law in force for the time being.(2)If, in any case, such permission is given, no change of occupancy or use group shall be allowed before any necessary alternations or provisions have been made to the satisfaction of the Chief Officer and in accordance with the provisions of this Act or the rules and the regulations made thereunder or of any other law in force for the time being.(4)Notwithstanding any other action that may be taken against any person, whether owner or occupier or both, contravening any provision of this section, the Chief Officer may, levy on such person in accordance with such scale, as may be determined by regulations, a fine not exceeding in each case rupees one hundred per square metre per month for the are under unauthorised used throughout the period, during which such contravention continues.(5)The Chief Officer may, if he deems fit, order that the unauthorised use be stopped forthwith:Provided that before making any such order, the Chief Officer shall give a reasonable opportunity to the person affected to show cause why such order should not be made.(6)Any person aggrieved by an order of the Chief Officer under sub-section (5), may within thirty days from the date of the order, prefer an appeal against the order to the Court of the Principal Judge of the District having jurisdiction.(7)Where an appeal is preferred under sub-section (6), the Court of Principal Judge, may, stay the enforcement of the order on such terms, if any, and for such period, as it may think fit:Provided that the fine levied under sub-section (4), shall not be waived.(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 Court Officer to restrain him from taking any action or making any order in pursuance of the provisions of this section.(9)Every order made by the Court of Principal Judge on appeal and, subject to such order, the order of the Chief Officer under sub-section (5), shall be final and conclusive.(10)Where no appeal has been preferred against an order made under sub-section (5) or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the person against whom such order has been made, shall comply with the same within the period specified therein or, as the case may be, within the period, if any, fixed by the Court of the Principal Judge on appeal, and on the failure of such person to comply with such order with in such period, the Chief Officer may, require any Police Officer or any employee of the Municipality to seal such building after evicting all persons therefrom to prevent its further unauthorised use.
