Section 401A in The Calcutta Municipal Corporation Act, 1980
401A. [ Construction of building in contravention of the provisions of the Act or the rules made thereunder.] [section 401A inserted by W.B. Act 17 of 1993.] -
(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 Corporation whereupon the water-supply, drainage or sewerage or the road traffic is disputed 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.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 nay new building or additional floor of any building as aforesaid.(2)The offence under sub-section (1) shall be cognizable and non-bail-able, within the meaning of the Code of Criminal Procedure, 1973.(3)Where an offence under sub-section (1) has been committed by a company, the provisions of section 619 shall apply to such company.Explanation. - "Company" shall have the same meaning as in the Explanation to section 619.
