section 366
In the case of any premises for the use of which a licence or permission is of permission.
Arunachal Pradesh Municipal Act, 2007Chapter XXXV Chapter XXXV
required from the State Government or any authority under any law for the time being in force, the Chief Municipal Executive Officer/ Municipal Executive Officer shall not grant such permission under this Act to any person until such person produces before the Chief Municipal Executive Officer/ Municipal Executive Officer the licence or the permission from the State Government or such authority as the case may be and submits duly authenticated copy thereof to him : Provided that in the case where production of a permission of the Municipality is a precondition for the grant of a licence or permission under any other law for the time being in force, the Chief Municipal Executive Officer/ Municipal Executive Officer may grant a provisional permission which shall be authenticated to be final only upon production of a licence or permission under the said Law. Provided further that such provisional permission shall have validity only for the purpose of fulfilling any precondition for the grant of the licence or the permission under any other law as aforesaid. E. Regulation of Building Uses Power to prohibit 367. (I) No person shall without the permission in writing of the Chief Municipal change of authorized Executive Officer Municipal Executive Officer or other than in conformity with use of building. the conditions of such permission :
- (a) use or permit to be used for the purpose of human habitation any building or part thereof not originally erected or authorized to be used for such purpose,
- (b) change or allow the change of the use of building for any purpose other than that specified in the sanctioned plan,
- (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 or to use to which such building was actually put.
- (d) convert or allow the conversion of a tenement within a building to an occupational use, other than fire use intended in the original sanctioned plan or materially alter, enlarge or extend such
- (2) If, in any case such permission is given no change of occupancy or use shall be allowed before necessary alterations or provisions have been made to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer and in accordance with the provisions of this Act and the rules and the regulations made there under and any other law for the time being in force.
- (3) Any change of use made before the commencement of this Act, except in so far as such use is permissible under the provisions of an earlier State law on the subject in force before the commencement of this Act, shall not be deemed to be a change in contravention of the provisions of this Act.
- (4) Without prejudice to any other action that may be taken against any persons, whether owner or occupier contravening any provision of this section, the Municipality may levy on such person such fine, not exceeding in each case rupees one hundred per square meter per month for the area under unauthorized use throughout the period during which such contravention continues as maybe provided by regulations.
- (5) The Chief Municipal Executive Officer/ Municipal Executive Officer may if he deems fit order that such unauthorized used be stopped forthwith: Provided that before making any such order, he shall give a reasonable opportunity to the person affected to show cause why such order shall not be made.
- (6) Any person aggrieved by an order of the Chief Municipal Executive Officer/ Municipal Executive Officer 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 whose decision in the matter shall be final and conclusive.
- (7) When an appeal is preferred under sub-sec (6) the Municipal Building Tribunal or Municipality as the case may be may stay enforcement of the order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under sub-section (5) on such terms for such period as it may think fit.
- (8) Save as otherwise provided in this section no c¢ shall entertain any suit , application or o proceeding for any relief or injunction, restrain the Chief Municipal Executive Officer/ Municipal Executive Officer or the Municipal Building Tribunal or the Municipality from taking any a(or making any order in pursuance of the provision of this section. Explanation :- For the purpose of chapter "unauthorized use" shall mean change conversion of a building without sanction for one occupancy or use group to another occupancy or use group referred to in sub-sec(2) of section339.
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