(1) Any person who undertakes or carries out any development, makes any change in the use of any land, makes or extends any excavation, or lays out any access leading to any public road or channel in contravention of any direction issued under section 4 or without the permission referred to in section 7 or in contravention of any condition subject to which such permission has been granted, shall be punishable with fine which may extend to two thousand five hundred rupees, and in the case of a continuing offence, with a further fine which may extend to one hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
(2) Any person who obstructs the entry of a person authorised under section 9 to enter into or upon any building or land or molests such person after such entry shall be punishable with fine which may extend to one thousand rupees.
(3) If the person committing an offence punishable under this Act is a company, the company, and every director, manager, secretary or agent of the company, unless such director, manager, secretary or agent proves that the offence was committed without his knowledge or consent or that he exercised all due diligence to prevent the commission of such offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished.
(4) Notwithstanding anything contained in sub-section (3), where an offence punishable under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any other officer or person concerned in the management of the company, such other officer or person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished.
Explanation.—For the purposes of this section—
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
11. Where the erection of any building has been commenced, or is being carried on, or has been completed in contravention of any direction issued under section 4 or without the permission referred to in section 7 or in contravention of any condition subject to which such permission has been granted, the Controller may, in addition to any prosecution that may be instituted under this Act, make an order directing that such erection shall be demolished by the owner thereof within such period not exceeding two months as may be specified in the order, and Penalties* Order of demolition in certain cases.
6 The Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 1965.
[West Ben. Act (Sections 12-17.)
on the failure of the owner to comply with the order, the Controller may himself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner as an arrear of land revenue;
Provided that no such order shall be made unless the owner has been given an opportunity of being heard.
Jurisdiction of courts.
12. No court inferior to that of a magistrate of the first class shall try an offence punishable under this Act.
Previous sanction for prosecution.
Magistrate 's power to impose enhanced penalties.
Protection of action taken in good faith.
13. No prosecution for ,any offence punishable under this Act shall be instituted except with the previous sanction of the Controller or an officer authorised by him in this behalf.
14. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Apt V of court of a magistrate of the first class to pass any sentence 1898• authorised by this Act in excess of its powers under the said section.
15. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or the regulations made thereunder.
Effect of provisions of the Act inconsistent with other laws.
Savings.
16. The provisions of this Act and the regulations and the directions made or issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law or any rule, regulation or bye-law made thereunder.
17. Nothing in this Act shall apply to,—
(a) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building;
The Calcutta Metropolitan Planning Area (Use and Development 7 of Land) Control Act, 1965.
XIV of 1905.]
(Section 18.)
(b) the carrying out by any local authority, statutory authority, or the Central or the State Government of any works for the purpose of inspecting, repairing, or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;
(c) the erection of a building, not being a dwelling house, if such building is required for purposes connected with agriculture;
(d) the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worship, tomb, cenotaph or samadhi, on land which at the commencement of this Act is occupied by, or for the purposes of, such place of worship, tomb, cenotaph, graveyard or samadhi;
(e) the excavation (including wells) made in the ordinary course of agricultural operations; and
(f) the construction of unmetalled roads intended to give access to any land solely for agricultural purposes.