Section 34 in West Bengal Municipal (Building) Rules, 2007
34. Occupancy certificate.
(1) Within fifteen days of receipt of the notice of completion of building or work, the Board of Councillors or the authorised representative in this behalf shall inspect the building or work and shall satisfy itself or himself that the erection of the building or the execution of the work has been done in accordance with the sanctioned plan.(2)Within fifteen days from inspection, the Board of Councillors shall, if it is satisfied that the building or the work has been completed in accordance with the sanctioned plan, issue an occupancy certificate, in Form 'H' :Provided that such certificate shall not be issued in the case of a building or any work for which provisional sanction was given unless the applicant produces before the Chairman the license or permission required for sanctioned for construction of building :Provided further that the occupancy certificate shall be issued only after all the extra materials like sand, boulders, stone chips, cement, steel, bamboo, timber, lying on the public road have been removed by owner and the damages to public property, if any, has been made good by the owner with his own cost to the entire satisfaction of the Board of Councillors.(3)After due verification, one set of the building plan shall be returned to the applicant with the endorsement of approved completion plan under the signature of the Chairman or an officer authorised in this behalf.(4)The Board of Councillors may, upon a written request from an applicant and on his furnishing an indemnity bond undertaking to indemnify the Board of Councillors against any risk. danger or damage to any person, whether an occupier or not, and on his giving an undertaking to ensure, in such manner as the Board of Councillors may specify, public safety, issue a partial occupancy certificate, subject to the provisions of sub-rule (1) and the proviso to sub-rule (2)Provided that no partial occupancy certificate shall be issued unless the Board of Councillors is satisfied that the portion for which such partial occupancy is solicited is in a habitable conditionProvided further that when the erection of the building or the execution of the work is completed within the period or the extended period provided for in the Act, the applicant shall apply for conversion of the partial occupancy certificate or issue of an occupancy certificate and such certificate may be issued in accordance with the provisions of these rules.(5)In a case where the occupancy certificate is refused, the Board of Councillors shall communicate the reasons in writing, to the applicant within thirty days from the date of receipt of the notice of completion of the work.(6)In case where, in the opinion of the Board of Councillors. the Building or the work has not been completed in accordance with the sanctioned plan, it may take necessary action in accordance with the provisions of the Act and these rules.(7)The Board of Councillors shall not permit connections to be made to municipal water mains and municipal drains, if any, from any new building in respect of which occupancy certificate has not been issued :Provided that the Board of Councillors may order severance of such connections if it is of the opinion that the conditions of the partial occupancy certificate are being violated or if further erection of the building or execution of the work is proceeding contrary to the sanctioned plan.(8)The Board of Councillors shall not permit connections to be made to municipal water mains, if any, from any new building in respect of which water connection fee, as may be specified by the Board of Councillors under the relevant rules, has not been paid in advance.(9)Tolerance Limit for architectural measurement before or after finishing works on the outer face of the wall at the ground floor level shall be 50 mm.
