Section 295 in West Bengal Municipal Corporation Act, 2006
295. 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 Corporation, 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 live 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, any new building, or additional floor or floors of any building.(2)The offence under sub-section (1) shall be cognizable and non-bailable within the meaning of the Code of Criminal Procedure Act, 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, constituted under any law for the time being in force, and includes a firm or other association of individuals; and(b)"director", in relation to a firm, means a partner in the firm.
