Section 416 in Kolkata Municipal Corporation Act, 1980
416. Prohibition on change of use of building.
(1)No person shall, without any written permission of the Municipal Commissioner or otherwise than in conformity with the conditions, if any, of such permission—(a)use or permit to be used for the purpose of human habitation any part of a building not originally erected or authorized to be used for such purpose;(b)change or allow the change of the use of any building for any purpose other than that specified in the sanction under section 396;(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 under a particular occupancy or use group to a tenement under another occupancy or use group :Provided that no such permission shall be given if the new occupancy or use group is otherwise than in conformity with the provisions of this Act or the rules and the regulations, made thereunder or of any other law in force for the time being.(2)If, in any case, such permission is given, no change of occupancy or use group shall be allowed before any necessary alterations or provisions have been made to the satisfaction of the Municipal Commissioner and in accordance with the provisions of this Act or the rules and the regulations made thereunder or of any other law in force for the time being.(3)Any change of use made before the commencement of this Act, except in so far as such use is permitted under [section 385] [Substituted by section 38 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Bengal Act 13 of 1984), w.e.f. 15.5.1984, for the words & figures section 416.] of the Calcutta Municipal Act, 1951 (West Bengal Act No. 33 of 1951), shall be deemed to be an authorized change and shall be dealt with under the provisions of this Act.(4)Notwithstanding any other action that may be taken against any person whether owner or occupier or both, contravening any provision of this section, the Municipal Commissioner may levy on such person in accordance with such scale as may be [determined by regulations] [Substituted by section 19 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Bengal Act No. 21 of 1988), w.e.f. 20.2.1989, for the word 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 Municipal Commissioner may, if he deems fit, order that the unauthorized use be stopped forthwith:Provided that before making any such order, the Municipal Commissioner shall give a reasonable opportunity to the person affected to show cause why such order should not be made.(6)Any person aggrieved by an order of the Municipal Commissioner under sub-section (5) may, within thirty days from the date of the order, prefer an appeal against the order to the Municipal Building Tribunal appointed under section 415.(7)Where an appeal is preferred under. sub-section (6), the Municipal Building Tribunal may stay the enforcement of the order on such terms, if any, and for such period as it may think fit :Provided that the fine levied under sub-section (4) shall not be waived.(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 Municipal Commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this section.(9)Every order made by the Municipal Building Tribunal on appeal and Subject to such order, the order of the Municipal Commissioner under sub-section (5) shall be final and conclusive.(10)Where no appeal has been preferred against an order made under sub-suction (5) or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the person against whom such orders has peen made shall comply with the same within the period specified therein, or, as the case may be, within the period, if any, fixed by the Municipal Building Tribunal on appeal, and on the failure of such person to comply with such order within such period, the Municipal Commissioner may require any police officer or any employee of the Corporation to seal up such area after evicting all persons therefrom to prevent its further unauthorized use.
