Section 391 in The Calcutta Municipal Corporation Act, 1980
391. Municipal Building Committee. -
(1)The Mayor-in-Council shall constitute a Municipal Building Committee with the Municipal Commissioner as its Chairman and an officer of the Corporation as its convener.(2)The Committee shall have, in addition to the Chairman and the convener, [[(eight) other members] [Words substituted by W.B. Act 6 of 1996.] of whom -(a)one shall be a nominee of the Calcutta Metropolitan Development Authority,(b)one shall be a nominee of the Commissioner of Police, Calcutta [***] [Word omitted by W.B. Act 15 of 1989.](c)one shall be the Director of West Bengal Fire Services [or his nominee,] [Word omitted by W.B. Act 15 of 1989.](d)[ one shall be a nominee of the State Government, ] [Clauses (d) and (e) inserted by W.B. Act 15 of 1989.] [***] [Word omitted by W.B. Act 6 of 1996.](e)[ one shall be the Chief Engineer, Municipal Engineering Directorate,] [Clauses (d) and (e) inserted by W.B. Act 15 of 1989.] [Department of Municipal Affairs] [Words substituted by W.B. Act 6 of 1996.], Government of West Bengal,](f)[ one shall be an architect of repute to be selected in consultation with the Council of Architecture constituted under section 3 of the Architects Act, 1972,] [Clauses (f) and (g) inserted by W.B. Act 6 of 1996. 42a. Word omitted by W.B. Act 26 of 1997.] [****] [Word omitted by W.B. Act 26 of 1997.](g)[ one shall be a Town Planner of repute to be selected in consultation with the Institute of Town Planners of] [Clauses (f) and (g) inserted by W.B. Act 6 of 1996.] [India, and] [Word substituted by W.B. Act 26 of 1997.](h)[ one shall be a nominee of the Department of Environment, Government of West Bengal.] [Clause (h) inserted by W.B. Act 26 of 1997.](3)The Committee may co-opt one person to be nominated by the concerned department of Government while dealing with any case regarding educational building or institutional building or assembly building or industrial building or hazardous building.(4)The Committee shall meet at such periodical interval as may be [determined by the Mayor-in-Council :] [Words substituted by W.B. Act 21 of 1988.]Provided that ordinarily at least three meetings shall be held during every calender month.(5)The Committee shall, 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, scrutinize every application for erection or re-erection of a building for which notice has been received under section 393 or section 394, except for a residential building to be erected or re-erected on a plot of 500 square metres or less of land, and shall forward its recommendations to the Mayor-in-Council :Provided that during such scrutiny the Committee shall consider matters related to preserving, developing and maintaining the aesthetic quality of urban and environmental design within Calcutta and shall, in respect of any building or any execution of work, if it affects or is likely to affect the sky-line or the aesthetic quality of urban or environmental design, or any public amenity therein, recommend on such matters also :Provided further that in respect of any building or execution of any work, it such building or work affects or is likely to affect -(a)the functioning of microwave systems for telecommunication purposes, or(b)any functions for purposes of civil aviation, the Committee shall, in accordance with such rules as may be framed in consultation with such departments or agencies of Government as have control on such matters, refer such cases to such Departments for their opinions before finalizing its recommendations.(6)The Mayor-in-Council may refer any other matter, included in this Chapter, to the Committee for its scrutiny and recommendation.(7)The Mayor-in-Council shall consider the recommendations of the Committee and, in case of any modification, alteration or cancellation of the same, shall record the reasons thereof in writing.
