- No person shall erect or commence to erect any building or execute any specified building work, except with the previous sanction of the Board of Councilors and in accordance with the provisions of this Chapter and of the rules and the regulations made under this Act in relation to such erection of building or [execution of work and on payment of such fee as may be prescribed] [Substituted by Act No. 19 of 2015, dated 24.7.2015.].[Provided that in case of allowing incremental Floor Area Ratio over and above the prescribed limit of Floor Area Ration in the prescribed manner, rate or fee or charge payable for additional Floor Area Ratio shall be entitled in terms of "Circle Rates" of the State Government, and the formula for this purpose shall be finalized by the State Government, and all such additional fees or charges to be collected on account of granting of additional Floor Area Ratio will be payable to the State Government, a portion of the collected fees or charges shall be allotted or transferred in the Municipalities for undertaking development schemes.] [Added by Act No. 19 of 2015, dated 24.7.2015.][204A. Construction of building in contravention of provisions of the Act or the 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 Municipality 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 for a term which may extend to five years and also with fine which may extend to fifty thousand rupees.] [Inserted by the West Bengal Act XXXII of 1997, w.e.f. 18.3.1998.]Explanation. - "Person" shall include an owner, occupier, lessee. mortgagee, 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 sub-section (1) shall be cognizable and non-bailable, within the meaning of the Code of Criminal Procedure, 1973 (2 of 1974).(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 his knowledge or that he 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.]
