Section 70 in New Town, Kolkata Development Authority Act, 2007
70. Construction of building in contravention of the provisions of the Act or rules made thereunder.
(1)Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being in force, any person, who being responsible by himself or by any other person on his behalf, so constructs or attempts to so construct or conspires to so construct any new building or additional floor or floors of any building in contravention of the provisions of this Act or the rules made thereunder as endangers or is likely to endanger human life, or any property of the Development Authority whereupon the water-supply, drainage or sewerage or the road traffic is disrupted or is likely to be disrupted, or is likely to cause a Fire hazard, shall be punishable with imprisonment of either description fora term which may extend to five years and also with fine which may extend to fifty thousand rupees.Explanation. - "Person" shall include an owner, occupier, lessee, mortagagee, consultant, promoter or financier or a servant or agent of an owner, occupier, lessee, mortgagee, consultant; promoter or financier, who supervises or causes the construction of any building or additional floor or floors of any building as aforesaid.(2)The offence under subjection (1) shall be cognizable and non-bailable, within the meaning1 of the Code of Criminal Procedure, 1973.(3)Where an offence under sub-section (1) has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without this knowledge or that lie exercised all due diligence to prevent the commission of such offence.Explanation. - For the purposes of this section,-(a)"company" means a body corporate, and includes a firm or other association of individuals; and(b)"director", in relation to a firm, means a partner in the firm.
