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State of West Bengal - Section

Section 273A in West Bengal Municipal Corporation Act, 2006

273A. [ Allowing Trade Business along major roads. [Inserted by West Bengal Act No. 17 of 2016, dated 20.1.2017.]

(1)In residential buildings alongside major roads commercial or trade activities, which are non-hazardous in nature, specified in Schedule IVA of the Act, wherein Wine and Liquor Shops are not included, may be allowed and legalized by issuance of Certificate of Enlistment against receipt of appropriate fees, subject to condition that the residential buildings may be allowed to use a maximum of 45% of the total floor area for such non-hazardous office or commercial purposes. No hazardous activity involving use of explosives, gas, etc. will be permitted in the residential neighbourhoods.
(2)Any extension of the list, mentioned in Schedule IVA would require approval of the Standing Committee of the Cabinet on Industries, Infrastructure and Employment.
(3)The fees shall be decided upon by Finance Department in consultation with Department of Municipal Affairs and Urban Development Department.
(4)The Corporation shall be the authority to issue permission to the owner or licensee to carry out non-hazardous trade or office in a part of the residential building, directly, or through sub-lease or letting. On the basis of self declaration of the owner or lessee of the residential building, and submission of requisite fees, permission will be granted by the Corporation to the owner or original lessee or original sub-lessee as the case may be, immediately, as per law.
(5)The application fee for seeking such permission will be Rs. 500/-and the permission fee for allowing such non-hazardous trade will be Rs. 80/-per sq. ft. which may paid by the owner or lease holder, as the case may be, on a yearly basis, at the time of property tax deposit.
(6)Requisite enlistment certificate from the Corporation has to be obtained by the trader concerned from the Corporation.
(7)The trader will obtain requisite permission, if necessary, from any other concerned authority for the specific enlisted category of business activities.]