200. Power to prohibit change of authorized use of building.
(1)No person shall, without the written permission of the Chairman or otherwise than in conformity with the conditions of such permission, -(a)use or permit to be used for the purpose of human habitation any building or part thereof not originally erected or authorized to be used for such purpose;(b)change or allow the change of the use of a building for any purpose other than that specified in the sanctioned plan;(c)change or allow the change of the use of any building erected before the commencement of this Act contrary to the use for which such erection was originally sanctioned;(d)convert or allow the conversion of a tenement within a building to an occupational use, other than the use intended in the original sanctioned plan, nor materially alter, enlarge or extend the permitted use.(2)If, in any case, such permission is given, no change of occupancy or use shall be allowed before necessary alterations or provisions have been made to the satisfaction of the Chairman and in accordance with the provisions of this Act or the rules or the regulations made thereunder or any other law for the time being in force.(3)Any change of use made before the commencement of this Act, except in so far as such use is permissible under the provisions of the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), shall be deemed to be an unauthorized change and shall be dealt with under the provisions of this Act.(4)Without prejudice to any other action that may be taken against any person, whether owner or occupier, contravening any provision of this section, the Board of Councilors may levy on such person, in accordance with such scale as may be prescribed, a fine not exceeding in each case rupees one hundred per square metre per month for the area under unauthorized use throughout the period during which such contravention continues.(5)The Chairman may, if he deems fit, order that the unauthorized use be stopped forthwith :Provided that before making any such order, the Chairman shall give a reasonable opportunity to the person affected to show cause why such order shall not be made.(6)Any person aggrieved by an order of the Chairman under sub-section (5) may, within thirty days from the date of the order, prefer an appeal against the order to the Board of Councilors whose decision in the matter shall be final and conclusive.(7)Where an appeal is preferred under sub-section (6), the Board of Councilors may stay the enforcement of the order made by the Chairman under sub-section (5) on such terms and for such period as it may think fit.(8)Save as otherwise provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the Chairman or the Board of Councilors to restrain from taking any action or making any order in pursuance of the provisions of this section.Explanation. - For the purposes of this Chapter, "unauthorized use" shall mean change or conversion of a building without sanction from one occupancy or use to another, such "occupancy" or "use" being for purposes, namely, residential, commercial, business, mercantile, industrial, storage, institutional, assembly and hazardous (dangerous and offensive):Provided that any change or conversion, which is considered not to be of material significance under the rules made under this Act, shall not be deemed to be an "unauthorized use" for the purposes of this Chapter.
