Section 391 in Kolkata 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] [Words five other members substituted by section 2(1) of the Calcutta Municipal Corporation (Amendment) Act, 1989 (West Bengal Act XV of 1989), for the original words three other members.] other members] of whom(a)one shall be a nominee of the Kolkata Metropolitan Development Authority,(b)one shall be a nominee of the Commissioner of Police, Kolkata, [ xxx ] [Word and omitted by section 2(2) of the Calcutta Municipal Corporation (Amendment) Act, 1989 (West Bengal Act XV of 1989).](c)one shall be the Director of West Bengal Fire Services [or his nominees.] [Substituted by section 2(3), ibid, for the words or his nominee.],(d)[ one shall be a nominee of the State Government,] [Clauses (d) and (e) added by section 2(4), ibid.] [ * * ] [Word and omitted by section 17(b) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Bengal Act No. 6 of 1996), w.r.e.f. 4.12.1995.],(e)one shall be the Chief Engineer, Municipal Engineering Directorate, '[Department of Municipal Affairs,] [Substituted by section 17(c) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Bengal Act No. 6 of 1996), w.r.e.f. 4.12.1995. for the word Development of Local Government and Urban Development.] Government of West Bengal. [or his nominee,] [Inserted by section 10 of the Kolkata Municipal Corporation (Amendment) Act, 2003 (West Bengal Act, XXXIV of 2003), w.e.f. 1.6.2004.],(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 (20 of 1972), [ xxx ] [Clauses (f) and (g) inserted by section 17(d), ibid, w.r.e.f. 4.12.1995.].(g)one shall be a Town Planner of repute to be selected in consultation with the Institute of Town Planners of [India, and] [Substituted by section 28(3), ibid, w.e.f. 22.12.1997, for the word India.]],(h)[ one shall be a nominee of the Department of Environment, Government of West Bengal.] [Clause (h) inserted by section 28(4), ibid, w.e.f. 22.12.1997.](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 :] [Substituted by section 16 of the Calcutta Municipal Corporation (Amendment) Act. 1988 (West Bengal Act XX! of 1988), w.e.f. 20.2.1989, for the words provided by regulations.]Provided that ordinarily at least three meetings shall be held during every calendar 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 skyline or the aesthetic quality of urban or environmental, design, or any public amenity therein, recommended on such matters also :Provided further that in respect of any building or execution of any work, if 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.
