Section 435 in The Calcutta Municipal Corporation Act, 1980
435. Premises not to be used for non-residential purpose without municipal licence. -
(1)Except as hereinafter provided in this Act, no person shall use or permit to be used any premises for any of the non-residential purposes mentioned in schedule V without or otherwise than in conformity with the terms of a municipal licence granted by the Municipal Commissioner so as not to contravene the provisions of sub-section (2):Provided that no such municipal licence shall be given in respect of any non-residential use of a premises which is otherwise than in conformity with the provisions of this Act or any other law for the time being in force or the rules or the regulations or orders made thereunder.(2)In case of a non-residential use of a premises for a purpose for which a licence or permission is required for Government or any statutory body under any law for the time being in force, no municipal licence under this section shall be given until the licence or permission under the said law has been produced before the Municipal Commissioner, and duly authenticated copies thereof are submitted to him:Provided that in the case where production of a municipal licence is a precondition for the grant of licence under any other law for the time being in force, the Municipal Commissioner may grant a provisional municipal licence which shall become final only upon production of a licence or permission under the said law:Provided further that such provisional municipal licence shall have validity only for the purpose of fulfilling the preconditions of the licence under any other law as aforesaid.(3)In specifying the terms of a licence granted under this section, the Municipal Commissioner may require the licence to take all or any of such measures as he may deem fit to guard against danger to life, health or property or for the abatement of nuisance of any kind.(4)The Corporation shall by regulation determine the fees to be paid in respect of a municipal licence to be granted under sub-section (1), and may specify different fees for different categories of non-residential uses in different areas of Calcutta:Provided that no such fees shall exceed rupees two thousand and five hundred in any case.(5)The Corporation may by regulation determine the following : -(a)when the initial licence is to be taken out and the procedure of annual renewal thereof;(b)matters connected with the display of licence, inspection of premises, powers of inspectors, and such other matters.(6)The Municipal Commissioner shall maintain two separate registers in such form and in such manner as may be prescribed so that in respect of each municipal licence granted under this section, -(a)one Register shall contain premiseswise information on the non-residential uses, and(b)one register shall contain such information, on basis of different non-residential user groups, for factories, warehouses, medical institutions, educational institutions and others as may be prescribed.
