Section 495 in The Calcutta Municipal Corporation Act, 1980
495. Power to prohibit use of buildings or rooms in buildings unfit for human habitation. -
(1)If, for any reason, -it appears to the Municipal Commissioner that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, he shall give to the owner or occupier of such building notice in writing stating such reason and signifying his intention to prohibit further use of the building or the room, as the case may be, as a dwelling and shall by such notice call upon the owner or occupier as aforesaid to state in writing any objection thereto within thirty-days after the receipt of such notice, and if no objection is raised by such owner or occupier within such period as aforesaid or if any objection raised by such owner or occupier within such period appears to the Municipal Commissioner invalid or insufficient, he may, with the previous approval of the Mayor-in-Council and by an order in writing, prohibit further use of such building or room as a dwelling :Provided that, before such approval is given, the owner or occupier as aforesaid shall have the right of appearing before the Mayor in person or by agent and of showing cause why such approval should not be given.(2)When any such prohibition as aforesaid has been made, the Municipal Commissioner shall cause notice of such prohibition to be affixed to and the letters "U. H. H." (being the abbreviation of the whole words "Unfit for Human Habitation") to be painted on the door or on some conspicuous part of such building or room, as the case may be, and no owner or occupier of such building or room shall use or suffer the same to be used for human habitation until the Municipal Commissioner certifies in writing that the building or room, as the case may be, has been rendered fit for human habitation.(3)The Municipal Commissioner shall, in each such case, give written instructions to the owner or occupier as to what modifications or alterations are required to be made for rendering such building or room fit for human habitation.(4)The Municipal Commissioner may cause any person who uses any building or room in contravention of sub-section (2) to be removed from such building or room by any police officer.(5)Where the Municipal Commissioner has prohibited the further use of a building or room, as the case may be, as a dwelling, the owner of such building shall, so far as may be necessary to prevent nuisance, keep the building or room clean and wholesome.
