West Bengal Town and Country (Planning and Development) Act,
1979
(West Bengal Act No. 5 of 1979)
[Dated 11th June, 1979]
LEGISLATIVE HISTORY 6
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Chapter I
Preliminary
1. Short title, extent and
commencement.—(1) This Act may be called the Nest Bengal Town and Country
(Planning and Development) Act, 1979.
(2) It extends to the whole of West Bengal, excluding any area to which
the Provisions of the Cantonments Act, 1924 (2 of 1924), apply.
(3) It shall come into [force]
on such date as the State Government may, by notification in the Official
Gazette, appoint and different dates may be appointed for different areas.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(1) "agriculture" includes horticulture, farming, growing of
crops, fruits, vegetables, flowers, grass, fodder and trees, or any kind of
cultivation of soil, breeding and keeping of live-stock including cattle,
horses, donkeys, mules, pigs and poultry, and the use of land which is ancillary
to the farming of land or any other agricultural purposes, but shall not include
the use of any land attached to a building for the purpose of a garden to be
used along with such building; and the expression "agricultural" shall be
construed accordingly;
(2) "amenities" includes roads and streets, open spaces,
parks, recreational grounds, playgrounds, water and electric supply, street
lighting, sewerage, drainage, public works and other utilities, services and
conveniences;
(3) "building operations" includes—
(a) erection or re-erection of a building or any part of
it,
(b) roofing or re-roofing of a building or any part of a
building or an open space,
(c) any material alteration or enlargement of any budding,
(d) any alteration of a building as is likely to affect an
alteration of its drainage or sanitary arrangements or materially affect its
structural stability, and
(e) the construction of a door opening on any street or land
not belonging to the owner of a building;
(4) [Kolkata]
Metropolitan Area" means the [Kolkata]
Metropolitan Planning Area as referred to in section 16 of this Act;
(5) "commerce" means the carrying on of any trade,
business or profession, sale or exchange of goods of any type whatsoever, and
includes the running of, with a view to making profit, hospitals, nursing homes,
infirmaries, educational institutions as also hotels, restaurants, boarding
houses not attached to any educational institution and sarais; and the
expression "commercial" shall be construed accordingly;
(6) "commercial use" means the use of any land or
building or part thereof for purposes of commerce or for storage of goods or as
an office, whether attached to any industry or otherwise;
(7) "development" with its grammatical variations means
the carrying out of building, engineering, mining or other operations, in, on,
over, or under land or the making of any material change in any building or land
or in the use of any building or land and includes division of any land;
(8) "Development Authority" means a Development
Authority constituted under this Act and includes the [Kolkata]
Metropolitan Development Authority as referred to in section 17 of this Act;
(10) "industry" includes the carrying on of any
manufacturing process as defined in the Factories Act, 1948 (63 of 1948), and
the expression "industrial" shall be construed accordingly;
(11) "industrial use" includes the use of any land or
building or part thereof for purposes of industry;
(12) "land" shall have the same meaning as in the Land
Acquisition Act, 1894 (1 of 1894) and shall include land covered by water;
(13) "local authority" means a municipal corporation or
committee or a board or any other authority legally entitled to, or entrusted by
the State Government with, the control or management of a municipal or local
fund or which is permitted by the State Government to exercise the powers of a
local authority and includes a Zilla Parishad, a Panchayat Samity
and a Gram Panchayat constituted under the West Bengal Panchayat
Act, 1973 (West Bengal Act No. 41 of 1973).
Explanation. - The expression "local authority
concerned" shall mean that authority if any land within its local limits shall
falls in the area of a plan prepared or to be prepared under this Act;
(14) "local newspaper" in relation to a Planning Area
means any newspaper published or circulated within the Planning Area;
(15) "notification" means a notification published in
the Official Gazette;
(16) "occupier" includes—
(a) a tenant,
(b) an owner in occupation of or otherwise using his land,
(c) a licensee in occupation of any land, and
(d) any person who is liable to pay to the owner damages for
the use and occupation of any land;
(17) "operational construction" means any construction,
whether temporary or permanent, which is necessary for the operation,
maintenance, development or execution of any of the following services :—
(i) railways,
(ii) national highways,
(iii) national waterways,
(iv) major ports,
(v) airways and aerodromes,
(vi) posts and telegraphs, telephones, wireless, broadcasting
and other like forms of communication,
(vii) regional grid for electricity.
(viii) any other service which the State Government may, if it
is of opinion that the operation, maintenance, development or execution of such
other service is essential to the life of the community, by notification,
declare to be a service for the purposes of this clause.
Explanation.—For the removal of doubts, it is hereby
declared that the construction of —
(i) new residential buildings not connected with operations
like gate lodges, hospitals, clubs, institutions, schools, railway colony roads,
drains, etc., in the case of railways, and
(ii) a new building, new structure or new installation or any
extension thereof, in the case of any other service, shall not be deemed to be
construction within the meaning of this clause;
(18) "owner" includes a mortgagee in possession, a
person who for the time being is receiving, or is entitled to receive, or has
received, the rent or premium for any land whether on his own account or on
account of, or on behalf of, or for the benefit of, any other person or as an
agent, trustee, guardian or receiver for any other person or for any religious
or charitable institution or who would so receive the rent or premium or be
entitled to receive the rent or premium it the land were let to a tenant; and
also includes the I-lead of a Department or an Undertaking of the Central or a
State Government, the General Manager of a Railway, the Secretary or other
principal officer of a local authority, statutory authority or company in
respect of properties under their respective control;
(19) "Planning Area" means any area declared to be a
Planning Area under this Act and includes [Kolkata]
Metropolitan Area;
(20) "Planning Authority" means any Planning Authority
constituted under this Act;
(21) "prescribed" means prescribed by rules made under
this Act;
(22) "public place" means any place or building which
is open to the use or enjoyment of the public whether it is actually used or
enjoyed by the public or not and whether the entry is regulated by any charge or
not;
(23) "regulation" means a regulation made under this
Act;
(24) "residence" means the use for human habitation of
any land or building or part thereof including gardens, grounds, garages,
stables and out-houses, if any. appertaining to such building; and the
expression "residential" shall be construed accordingly.
Provided that such township may be,—
(i) residential township for predominantly residential
purpose;
(ii) special category of township like Institutional,
Industrial or such others township as the State Government may notify;
(iii) integrated township.]
Chapter II
State Town and Country Planning Advisory Board
3. State Town and Country Planning Advisory Board.—(1) The
State Government, after the commencement of this Act, shall, for the purpose of
carrying out the functions assigned to it under this Act, constitute by
notification an Advisory Board to be called the West Bengal Town and Country
Planning Advisory Board (hereinafter referred to as the Board).
(2) The Board shall consist of a Chairman, two Vice-Chairmen and not more
than 45 other members.4. Composition of the Board.—(1) The Chief Minister of the State of West Bengal shall be the Chairman of the Board and he shall nominate two persons to be the Vice-Chairmen. (2) The other members shall be
(ii) one Member of Parliament to be nominated by the Chairman
of the Board from amongst those elected from the State of West Bengal;
(iii) three Members of the West Bengal Legislative Assembly to
be nominated by the Speaker of that Assembly;
(iv) the Chairman of three municipalities to be nominated by
the State Government;
(v) the Sabhadhipatis of three Zilla Parishads to be
nominated by the State Government;
(vi) the Chief Secretary to the Government of West Bengal;
(vii) not more than seven officers of the rank of Secretary to
the State Government Departments dealing with metropolitan development, local
Government, planning, health, industry, housing, finance, agriculture, community
development, transport, education, power, public works, irrigation,
panchayat and land and land reforms;
(viii) the Chairman of the West Bengal Housing Board;
(ix) the Engineer-in-Chief, Public Works Department,
Government of West Bengal;
(x) the Chief Conservator of Forests and Wild Life, Government
of West Bengal;
(xi) the Chief Executive Officer, [Kolkata]
Metropolitan Development Authority;
(xii) the Chairman of the West Bengal State Electricity
Board;
(xiii) the Chairman of the West Bengal Industrial Development
Corporation;
(xiv) representatives of the Central Government dealing with
railways, steel and mines, civil aviation and transport and communications;
(xv) non-officials to be nominated by the State Government
who, in its opinion, have special knowledge or practical experience in matters
relating to town and country planning, engineering, transport, industry,
environmental engineering, geography, geology, sociology, municipal engineering,
agriculture and economics;
(xvi) the Secretary, Town and Country Planning Department,
Government of West Bengal, who shall be designated as the Member-Secretary of
the Board.
5. Functions of the Board.—The Board shall,
in accordance with the provisions of this Act and the rules made thereunder,
advise the State Government in matters relating to planning development,
co-ordination and use of rural and urban land and such other connected functions
as the State Government may, from time to time, assign to it.
6. Term of office and conditions of service of the members of the Board.—(1) The term of office and allowances of the nominated members of the Board shall be such as may be prescribed: Provided that the State Government may, if it thinks fit, terminate the appointment of any nominated member before the expiry of his term of office. (2) A nominated member of the Board may resign his membership by giving notice in writing to the State Government. He shall cease to be a member on acceptance of such resignation. (3) Any vacancy by resignation, death or otherwise of a nominated member shall be filled by fresh nomination by the State Government.
7. Meeting of the Board.—(1) The Board shall meet at least four times in a year at such time and place as it thinks fit and the meetings shall be held according to such procedure as may be prescribed. (2) The Chairman or in his absence a Vice-Chairman shall preside at a meeting of the Board. In case both the Vice-Chairmen are present the members present shall elect one of the Vice-Chairmen to preside at the meeting. In the absence of Chairman and both the Vice-Chairmen the members present shall elect any member present for presiding at the meeting.
8. Quorum.—Thirty per cent. of the members of the Board shall form a quorum for a meeting : Provided that no quorum shall be necessary for any adjourned meeting.
State Eco-tourism Advisory Board
8A. State
Eco-tourism Advisory Board. - (1) The State Government shall, for the
purpose of carrying out the functions assigned to it under this Act constitute
by notification an advisory Board to be called the West Bengal Eco-tourism
Advisory Board (hereinafter referred to as the Eco-tourism Board).
(2) The Eco-tourism Board shall consist of a Chairperson, a
Vice-Chairperson and not more than 15 other members.
8B. Composition of Eco-tourism Board. - (1) The Chief Minister of the State of West Bengal or a Minister nominated by the Chief Minister of West Bengal shall be the Chairperson. (2) The Chief Secretary shall be the ex-officio Vice-Chairperson of the Board. (3) Other members of the Eco-tourism Board shall be nominated by the State Government. (4) The Member-Secretary of the Eco-tourism Board shall be nominated by the State Government.
8C. Functions of Eco-tourism Board. - The Eco-tourism Board shall, in accordance with the provisions of this Act and the rules made thereunder, advise the State Government for framing rules under section 138 in matters relating to restricted development of fringe areas of forests, coastal zones and other eco-sensitive zones without disturbing or sacrificing the existing rich biodiversity of flora and fauna, treasure of plants, shrubs and herbs of medicinal value unique ecosystems, wetlands in West Bengal and formatters connected therewith or incidental thereto, to promote eco-tourism, ensure eco-tourism planning, development and co-ordination in conformity with the existing Land Use and Development Control Plan as prepared under Chapter VI.
8D. Term of office and conditions of service of members of Eco-tourism Board. - (1)The term of office and allowances of the nominated members of the Eco-tourism Board shall be such as may be prescribed: Provided that the State Government may, if it thinks fit, terminate the appointment of any nominated member before the expiry of his term of office. (2) A nominated member of the Eco-tourism Board may resign his membership by giving notice in writing to the State Government. He shall cease to be a member on acceptance of such resignation. (3) Any vacancy by resignation, death or otherwise of a nominated member shall be filled by fresh nomination by the State Government.
8E. Meeting of Eco-tourism Board. - (1) The Eco-tourism Board shall meet at least four times in a year at such time and place as it thinks fit and the meeting shall be held according to such procedure as may be prescribed. (2) The Chairperson or in his absence the Vice-Chairperson shall preside at a meeting of the Eco-tourism Board. In case both the Chairperson and the Vice-Chairperson are absent, the members present shall elect one of the members to preside at the meeting.
8F. Quorum. - Thirty per centum of the members of the Eco-tourism Board shall form a quorum for a meeting: Provided that no quorum shall be necessary for any adjourned meeting.
Chapter III
Declaration of Planning Areas and Constitution of Planning
Authorities and Development Authorities
9. Declaration of
Planning Areas, their amalgamation, sub-division and inclusion of any area in
Planning Area.—(1) The State Government may, by notification, declare any
area in West Bengal to which the provisions of this Act have come into force
under sub-section (3) of section 1 to be a Planning Area for the purposes of
this Act.
(2) Every such notification shall define the limits of the area to which
it relates.
(3) The State Government may amalgamate two or more Planning Areas into
one Planning Area, sub-divide a Planning Area into different Planning Areas and
include such sub-divided areas in any other Planning Area.
(4) The State Government may, by notification, direct that all or any of
the rules, regulations, orders, directions and powers made, issued, or conferred
under this Act or deemed to have been made, issued or conferred under this Act
and in force in any Planning Area at the time, with such exceptions, adaptations
and modifications as may be considered necessary by the State Government, shall
apply to the area amalgamated with, or included in, the other Planning Area
under this section and such rules, regulations, orders, directions and powers
with such exceptions, adaptations and modifications, if any, shall forthwith
apply to the said area without further publication in the Official
Gazette.
(5) When Planning Areas are amalgamated or sub-divided, or such
sub-divided areas as included in other Planning Areas, the State Government
shall, after consulting the Planning Authority or the Development Authority
concerned, frame a scheme determining what portion of the assets of the Planning
Authority or the Development Authority shall vest in the Planning Authority or
the Development Authority concerned, and in what manner the properties and
liabilities of the Planning Authority or the Development Authority shall be
apportioned amongst them and on the scheme being published by notification, such
fund, property and liabilities shall vest and be apportioned accordingly.
10. Power to withdraw Planning Area from the operations of this Act.—(1) The State Government may, by notification, withdraw from the application of this Act any Planning Area or part thereof. (2) When a notification is issued under sub-section (1) in respect of any Planning Area or part thereof
(i) this Act and all notifications, rules, regulations,
orders, directions and powers issued, made or conferred under this Act shall
cease to apply to the said area or part thereof;
(ii) the State Government shall, after consulting the local
authority or authorities concerned, frame a scheme determining what portion of
the fund of the Planning Authority or the Development Authority concerned shall
vest in the State Government, and the local authority or authorities concerned
and in what manner the properties and liabilities of the Planning Authority or
the Development Authority concerned shall be apportioned between the State
Government and the local authorities and on the scheme being published by
notification, the fund, property and liabilities of the Authority concerned
shall vest and be apportioned accordingly.
11. Constitution
of Planning Authority and Development Authority.—(1) As soon as may be,
after declaration of an area as a Planning Area, the State Government may, by
notification, constitute for the purposes of this Act a Planning Authority for
that area or a Development Authority in respect of the Planning Area or a part
of it.
(2) A Planning Authority or a Development Authority, if it is not a local
authority or a Government department or agency, shall be a body corporate having
perpetual succession and a common seal with power to acquire, hold and dispose
of property, both movable and immovable, and to enter into contracts and shall
by its corporate name sue and be sued.
[(3)
Every Planning Authority or Development Authority constituted under sub-section
(1), shall consist of a Chairman and Vice-Chairman and not less than seven other
members to be appointed by the State Government.]
(4) The State Government may appoint a local authority or any other
authority or Corporation (statutory or otherwise), or any officer of the State
Government, as the Planning Authority or the Development Authority for the area
within the jurisdiction of that authority.
(5) The provisions of sub-section (3) of this section and section 12,14
and 15 shall not apply to a Planning Authority or a Development Authority
appointed under sub-section (4) and the provisions of this Act by which such
authority is constituted shall continue to apply in respect of the area within
the jurisdiction of that authority.
12. Term of office and terms and conditions of service of the Chairman and members of Planning Authority and Development Authority.—(1) The term of office and terms and conditions of service of the [Chairman and Vice-Chairman] and other members of a Planning Authority or a Development Authority not being a local or statutory authority, shall be such as may be prescribed. (2) Any vacancy occurring in the office of the [Chairman and Vice-Chairman] or any other member of an Authority referred to in sub-section (3) of section 11 shall be filled by fresh appointment by the State Government.
13. Powers and functions of Planning Authority and Development Authority.—(1) Subject to the provisions of this Act, and the rules made thereunder and any direction which the State Government may give from time to time—
(i) a Planning Authority shall have the following powers and
functions :-
(a) to prepare Land Use Map;
(b) to prepare and enforce [a
Land Use and Development Control Plan;]
(d) to prescribe use of land within its area;
(e) to perform any other function which is supplemental,
incidental or consequential to any of the functions aforesaid or which may be
prescribed;
(ii) a Development Authority shall have the following powers
and functions :
(a) to prepare a present Land Use Map;
(b) to prepare and enforce [a
Land Use and Development Control Plan;]
(d) to prescribe use of land within its area;
(e) to prepare and execute development schemes;
(f) to co-ordinate development activities of all departments
and agencies of the State Government or local authorities operating within the
Planning Area;
(g) to carry out or cause to be carried out such works as are
contemplated in the [Land Use
and Development Control Plans;]
(h) to acquire, hold and manage such property, both movable
and immovable, as the Development Authority may deem necessary for the purposes
of any of its activities and to lease, sell or otherwise transfer any property
held by it;
(i) to purchase by agreement or to take on lease or under any
form of tenancy, any land and to erect thereon such buildings and to carry out
such operations as may be necessary for the purpose of carrying on its
undertakings;
(j) to enter into or perform such contracts as may be
necessary for the performance of its duties and for exercise of its powers under
this Act;
(k) to provide facilities for the consignment, storage and
delivery of goods;
(l) to perform any other function which is supplemental,
incidental or consequential to any of the functions aforesaid or which may be
prescribed.
(2) A Planning Authority or a Development Authority for
performance of its functions, may appoint such number of officers and other
employees on such terms and conditions as may be approved by the State
Government.[13A. Regulation of building operation with the Planning Area.—The State Government may, by notification, for such period and on such terms and conditions as may be specified, empower a Planning Authority or a Development Authority or any other authority to regulate building operation within the Planning Area, and to impose fees for such purposes, and in such manner, as may be prescribed.]
14. Meeting of Planning Authorities and Development Authorities.— A Planning Authority or a Development Authority shall meet at such times and places and observe such rules of procedure in regard to the transaction of its business at its meetings as may be determined by regulations.
15. Constitution of Advisory Council.—(1) Every Development Authority shall, subject to the provisions of section 22 of this Act, as soon as may be, constitute an Advisory Council, for the purpose of advising it on the formulation and co-ordination of plans for the development of the area within its jurisdiction. (2) The Advisory Council shall consist of not more than fifteen but not less than eight members as may be appointed by the State Government in his behalf.
Chapter IV
[Kolkata]
Metropolitan Development Authority
16. [Kolkata]
Metropolitan Area.—(1) Notwithstanding the repeal of the [Kolkata]
Metropolitan Planning Area (Use and Development of Land) Control Act, 1965 (West
Bengal Act No. 14 of 1965), by section 142 of this Act, the controlled area
declared under that Act with such modifications as mentioned in the First
Schedule to this Act shall be known as the [Kolkata]
Metropolitan Planning Area for the purposes of this Act.
(2) The State Government may, if it thinks fit, by notification, enlarge,
curtail or modify the [Kolkata]
Metropolitan Planning Area or any part thereof.
17. [Kolkata] Metropolitan Development Authority.—(1) Notwithstanding the repeal of the [Kolkata] Metropolitan Development Authority Act, 1972 (West Bengal Act No. 11 of 1972) by section 142 of this Act, the [Kolkata] Metropolitan Development Authority constituted under that Act shall be known as the [Kolkata] Metropolitan Development Authority under this Act and it shall be deemed to be a Development Authority for the purposes of this Act. (2) All the provisions of this Act relating to a Development Authority shall, if of inconsistent with the provisions in this Chapter, apply to the [Kolkata] Metropolitan Development Authority.
18. Powers and functions of the [Kolkata] Metropolitan Development Authority.—Subject to the provisions of this Act and the rules made thereunder and any direction which the State Government may give, from time to time, the powers and functions of the [Kolkata] Metropolitan Development Authority shall be as provided in section 13 of this Act. 19. Composition of the [Kolkata] Metropolitan Development Authority.— (1 ) The [Kolkata] Metropolitan Development Authority shall consist of the following members :
Provided that when there is no Council of Minister functioning
in the State of West Bengal, the State Government shall nominate such person, as
it may think fit, to be the Chairman of the Kolkata Metropolitan Development
Authority;
(aa) one of the members of the Kolkata Metropolitan
Development Authority, nominated by the Chief Minister of the State of West
Bengal, shall be the Vice-Chairman;]
(b) the Chief Executive Officer of the [Kolkata]
Metropolitan Development Authority, ex officio;
(c) not more than three officers of the rank of Secretary to
the State Government to be nominated by the State Government; and
[(d)
[not
more than eight persons] to be nominated by the State Government of
whom —
(i) two shall be Councillors or Aldermen of the [Kolkata]
Municipal Corporation.
(ii) one shall be a Councillor or Alderman of the [Howrah
Municipal Corporation,]
(iv) two shall be the members of any Panchayat Samiti or
Zilla Parishad within the Kolkata Metropolitan Area :]
Provided that when an order of supersession of the [Kolkata]
Municipal Corporation or the Howrah Municipal Corporation or the municipality,
as the case may be, has been made and is in force, it shall be competent for the
State Government to nominate, in place of the Councillors or Aldermen or
Commissioners, as the case may be, such persons as have experience in or
know-ledge of administration of local self-Government to be members of the [Kolkata]
Metropolitan Development Authority :
Provided further that on the revocation of the order of
supersession as aforesaid, the members nominated under the first proviso shall,
notwithstanding that the term of office of such members has not expired, cease
to hold office and the vacancies shall be filled up in accordance with the
provisions of clause (d)].
(2) The Vice-Chairman shall discharge
such functions and exercise such powers as may be delegated to him by the
Chairman and shall, during the absence of the Chairman, perform the functions
and exercise the powers of the Chairman.
(3) The members referred to in clause (d) of sub-section (1) shall hold
office for a term of three years from the date of their nomination by the State
Government and shall receive such allowances for attending the meetings of the
[Kolkata]
Metropolitan Development Authority or any committee thereof as may be prescribed
[Provided
that every such member, on ceasing to be a Councillor or Alderman of the [Kolkata]
Municipal Corporation or the Howrah Municipal Corporation or Commissioner of a
municipality within the [Kolkata]
Metropolitan Area, as the case may be. shall, notwithstanding that the term of
office of such member has not expired, cease to hold office and the vacancy
shall be filled up in accordance with the provisions of clause (d) of
sub-section (1).]
(4) No act or proceeding of the [Kolkata]
Metropolitan Development Authority shall be deemed to be invalid merely by
reason of any vacancy in, or defect, initial or subsequent. in the constitution
of that Authority.
20. Meeting of the [Kolkata] Metropolitan Development Authority.— (1) The [Kolkata] Metropolitan Development Authority shall meet at such places and at such times, and shall observe such rules of procedure in regard to the transaction of business at its meeting (including the quorum at its meetings) as may be prescribed. (2) The Chairman of the [Kolkata] Metropolitan Development Authority or, if for any reason he is unable to attend any meeting, the Vice-Chairman or, if for any reason both the Chairman and the Vice-Chairman are unable to attend any meeting, any other member elected by the members present shall preside at the meeting.
21. Power to appoint Officers and Secretary and other staff.—(1) The State Government shall appoint a Chief Executive Officer who shall be a whole-time officer of the [Kolkata] Metropolitan Development Authority. (2) The Chief Executive Officer shall discharge such functions and exercise such powers as may be assigned to him by the [Kolkata] Metropolitan Development Authority. (3) The [Kolkata] Metropolitan Development Authority may appoint a whole-time Secretary and such other staff as it may think fit for the exercise of its powers and discharge of its functions under this Act. (4) The expenditure on account of the salary and allowance of the Chief Executive Officer, Secretary and the other staff shall be defrayed out of the fund of the [Kolkata] Metropolitan Development Authority. 22. Advisory Council.—(1) The [Kolkata] Metropolitan Development Authority shall, as soon as may be, after the commencement of the Act, constitute an Advisory Council, for the purpose of advising it on the formulation and co-ordination of plans for the development of the [Kolkata] Metropolitan Area. (2) The Advisory Council shall consist of the following members :
(a) the Chairman of the [Kolkata]
Metropolitan Development Authority, ex-officio, who shall be the
President thereof;
(b) the Vice-Chairman of the [Kolkata]
Metropolitan Development Authority, ex officio;
(c) a representative of the [Kolkata]
Improvement Trust;
(d) a representative of the Howrah Improvement Trust;
(e) one person holding office, for the time being, as the
[Municipal
Commissioner of the [Kolkata]
Municipal Corporation;]
(t) two persons with knowledge of town planning and
architecture, to be nominated by the State Government;
(g) one representative of the Department of Health of the
State Government;
(h) three representatives of the municipal corporations and
other municipal authorities, other than the [[Kolkata]
Municipal Corporation] within the [Kolkata]
Metropolitan Area, to be nominated by the State Government;
(i) a representative of the [Kolkata]
State Transport Corporation, to be nominated by the State Government;
(j) a representative of the [Kolkata]
Tramways Company Limited, to be nominated by the State Government;
(k) one representative of the [Kolkata]
Electric Supply Corporation Limited, to be nominated by the State
Government;
(l) four Members of the West Bengal Legislative Assembly, to
be nominated by the Speaker of that Assembly;
(m) two representatives of the Indian Railways of whom one
shall be from the Metropolitan Transport Project (Railways), [Kolkata];
and
(n) six other persons to be nominated by the State
Government.
(3) If for any reason the Chairman of the [Kolkata]
Metropolitan Development Authority is unable to attend any meeting of the
Advisory Council, such meeting shall be presided over by the Vice-Chairman. If
both the Chairman and the Vice-Chairman are absent. the members present shall
elect one amongst themselves to preside over the meeting.
(4) The Advisory Council shall meet as and when necessary and shall
regulate its own procedure.
(5) The members of the Advisory Council shall hold office for such term,
and shall receive such allowances for attending the meetings of the Advisory
Council, as may be prescribed.
23. Constitution of committees.—(1) The [Kolkata]
Metropolitan Development Authority may constitute as many committees, consisting
wholly of members of such Authority or wholly of other persons or partly of
members of such Authority and partly of other persons and for such purpose or
purposes, as it may think fit.
(2) A committee constituted under this section shall meet at such place
and at such time, and shall observe such rules of procedure in regard to the
transaction of business at its meetings, as may be determined by regulations
made in this behalf.
(3) The members of a committee, other than the members of the [Kolkata]
Metropolitan Development Authority, shall be paid such fees and allowances for
attending its meetings and for attending to any other work of the [Kolkata]
Metropolitan Development Authority as may be determined by regulations made in
this behalf.
24. Power of the [Kolkata] Metropolitan Development Authority to give directions.—(1) Notwithstanding anything contained in any other law for the time being in force, the [Kolkata] Metropolitan Development Authority may give such directions with regard to the implementation of any development project, as it may think fit, to an authority to which payment of any money from its fund has been made under this Act. (2) The [Kolkata] Metropolitan Development Authority shall so exercise the powers of supervision referred to under this Act as may be necessary to ensure that each development project is executed in the interest of the over-all development of the [Kolkata] Metropolitan Area and in accordance with the approved development plan.
25. Power of the [Kolkata] Metropolitan Development Authority to execute any plan.—(1) Where the [Kolkata] Metropolitan Development Authority is satisfied that any direction given by it under sub-section (1) of section 24 with regard to any development project has not been carried out by the authority referred to therein or that any such authority is unable to fully implement any scheme undertaken by it for the development of any part of the [Kolkata] Metropolitan Area, the [Kolkata] Metropolitan Development Authority may itself undertake the works and incur any expenditure for the execution of such development projects or implementation of such schemes, as the case may be. (2) The [Kolkata] Metropolitan Development Authority may also undertake any works in the [Kolkata] Metropolitan Area as may be directed by the State Government and may incur such expenditure as may be necessary for the execution of such work. (3) Where any work is undertaken by the [Kolkata] Metropolitan Development Authority under sub-section (1), it shall be deemed to be, for the purposes of any law for the time being in force, that authority referred to in sub-section (1) of section 24. (4) The [Kolkata] Metropolitan Development Authority may, for the purpose of carrying out the powers conferred by sub-sections (1) and (2), undertake survey of any area within the [Kolkata] Metropolitan Area and for that purpose it shall be lawful for any officer of the [Kolkata] Metropolitan Development Authority—
(a) to enter in or upon any land and to take level of such
land;
(b) to dig or bore into the sub-soil;
(c) to mark levels and boundaries by placing marks and cutting
trenches;
(d) where otherwise the survey cannot be completed and levels
taken and boundaries marked, to cut down and clear away any part of any standing
crop, fence or jungle :
Provided that before entering upon any land, the [Kolkata]
Metropolitan Development Authority shall give notice of its intention to do so
in such manner as may be specified in the regulations made under this Act.
26. Delegation.—The [Kolkata]
Metropolitan Development Authority may, by order in writing subject to such
conditions as it may think fit to impose, delegate any of its powers, duties and
functions under this or any other Act or any rule or regulation made thereunder
to the Chairman, Vice-Chairman, Chief Executive Officer, Secretary or any other
officer appointed under this Act.
27. Amendment of [the Howrah Improvement Act, 1956]. - The [Kolkata] Improvement Act, 1911 (Bengal Act No. 5 of 1911), the Howrah Improvement Act, 1956 (West Bengal Act No. 14 of 1956) and the [Kolkata] Metropolitan Water and Sanitation Authority Act, 1966 (West Bengal Act 13 of 1966), shall stand amended to the extent and in the manner specified in Second Schedule to this Act.
[27A. Protection of certain rights, interest etc. of the erstwhile Kolkata Improvement Trust and Kolkata Metropolitan Water and Sanitation Authority. - (1) Immediately with the repealing of the Kolkata of Improvement Act, 1911,-
(a) all Trustees of the Board of Kolkata Improvement Trust and
and Kolkata Metropolitan Water all members or other persons constituting
committees thereunder shall be deemed to have vacated their respective
offices;
(b) all properties, funds and dues vested in or realisable by
the said Board and the Chairman thereof, respectively, shall vest in and be
realisable by the Kolkata Metropolitan Development Authority as described under
Chapter IV (hereinafter referred to as the Development Authority);
(c) all contracts and liabilities already enforced by or
against the said Board, shall be enforceable by or against the Development
Authority;
(d) all the powers and duties under the provisions of this or
any other Act or any rule, regulation, bye-law, order or notification made
thereunder, exercised or performed by the said Board, committee or the Chairman,
as the case may be, shall be exercised or performed by the Development
Authority;
(e) all legal proceedings instituted by or against the Board
may be continued or enforced by or against the Development Authority;
(f) all officers and other employees of the Board continuing
in office immediately before the date of the repealing of the Kolkata
Improvement Act, 1911, shall be deemed to be employed by the Development
Authority on such terms and conditions not being less advantageous than what
they were entitled to immediately before the said date; and
(g) on and from the commencement of these amendments, the
Kolkata Improvement Trust shall mean and include the Kolkata Metropolitan
Development Authority and wherever the words "Kolkata Improvement Trust" occur,
it shall mean Kolkata Metropolitan Development Authority.
(2) Immediately
with the repealing of the Kolkata Metropolitan Water and Sanitation Authority
Act, 1966,-
(a) all Directors and members of the Kolkata Metropolitan
Water and Sanitation Authority and all members and other persons constituting
committees thereunder, shall be deemed to have vacated their respective
offices;
(b) all properties, funds and dues vested in or realisable by
the said Authority, shall vest in and be realisable by the Development Authority
as described under Chapter IV (hereinafter referred to as the Metropolitan
Authority);
(c) all contracts and liabilities enforced by or against the
said authority shall be enforceable by or against the Development Authority;
(d) all the powers and duties under the provisions of this or
any other Act, or any rule, regulation, bye-law, order or notification made
thereunder, exercised or performed by the said Authority, or committee
thereunder, shall be exercised or performed by the Development Authority;
(e) all legal proceedings instituted by or against the said
Authority may be continued or enforced by or against the Development
Authority;
(f) all officers and other employees of the Authority
continuing in office immediately before the date of the repealing of the Kolkata
Metropolitan Water and Sanitation Authority Act, 1966, shall be deemed to be
employed by the Development Authority on such terms and conditions not being
less advantageous than what they were entitled to immediately before the said
date; and
Chapter V
Preparation of present Land Use Map
28.
Preparation of present Land Use Map and Land Register.—Every Planning
Authority or Development Authority shall, within one year after its constitution
or within such time as the State Government may, from time to time, extend,
prepare a present Land Use Map (hereinafter called the Map) and a Land Register
(hereinafter called the Register) in such form as the concerned Authority may
think fit indicating the present use of lands in the Planning Area:
Provided that the concerned Authority may prepare the Map and the
Register in respect of any portion of the Planning Area but the Map or Maps with
Register in respect of the entire Planning Area shall be completed within the
said period of one year or within such time as the State Government may from
time to time extend.
Explanation.—The predominant use to which the land is put on the
date of preparation of the Map shall be considered to be the present land use by
the Planning Authority or the Development Authority.
29. Notice of the preparation of the Map and the Register.—(1) After the preparation of the Map and the Register, the Planning Authority or the Development Authority shall publish a public notice of the preparation of the Map and the Register and of the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the Map and the Register within thirty days of the publication of such notice. (2) After the expiry of the period of thirty days mentioned in sub-section (1), an officer designated by the Planning Authority or the Development Authority shall, after allowing a reasonable opportunity of hearing to objectors, if any, submit a report to the concerned authority. (3) The concerned authority shall consider the report submitted under sub-section (2) and may make such modifications in the Map or the Register or both as it considers proper and adopt the Map and Register with such modifications, if any. (4) Where a local authority or a statutory authority has been declared as the Planning Authority or the Development Authority for any area and it has prepared a similar Map or Register in respect of an area before the application of this Act to that area, the Map or the Register already prepared shall be deemed to be a Map or a Register, as the case may be, under section 28. (5) As soon as may be, after the adoption of the Map and the Register under sub-section (3), the Planning Authority or the Development Authority, as the case may be, shall publish a public notice of such adoption of the Map and the Register and the place or places where copies of the same may be inspected and shall submit copies of the Map and the Register to the State Government. (6) A copy of such notice shall also be published in the Official Gazette. Such publication in the Official Gazette in respect of the Map and the Register shall be conclusive evidence that the Map and the Register have been duly prepared and adopted.
30. Power of State Government in case of default of the Planning Authority or Development Authority to prepare the Map or the Register.—(1) If no Map or Register is prepared by the Planning Authority or the Development Authority within the period referred to in section 28 or if at any time the State Government is satisfied that the Planning Authority or the Development Authority is not taking necessary steps to prepare the Map and the Register, the State Government may direct any of its officers to prepare or cause to be prepared it Map and the Register. (2) After preparation of the Map and the Register, the said officer shall submit the same to the State Government and the State Government shall follow the procedure laid down in section 29 as if it is the authority concerned. (3) Any expenses incurred under this section in connection with the preparation and the publication of the Map and the Register with respect to a PI inning Area shall be paid by the concerned authority.
Chapter VI
Preparation of [Land
Use and Development Control Plans] and Procedure for their Statutory
Approval
31. [Land
Use and Development Control Plan.].—(1) A Planning Authority or
Development Authority shall, within two years of the declaration of a Planning
Area, prepare a plan (hereinafter called the [Land
Use and Development Control Plan]) for the Planning Area and forward
a copy thereof to the State Government :
Provided that the concerned authority may prepare the plan in respect of
any portion of the Planning Area, but the plan in respect of the entire Planning
Area shall be completed within a period of three years or within such time as
the State Government may from time to time extend.
(2) The [Land
Use and Development Control Plan] in any area shall be a written
statement,—
(a) formulating the policy and the general proposals including
maps of the Planning Authority or the Development Authority in respect of the
development and general use of land in that area including measures for the
improvement of the physical environment;
(b) stating relationship between these proposals and general
proposals for the development and general use of land in neighbouring areas
which may be expected to affect the area; and
(c) containing such other matters as may be prescribed or
directed by the State Government.
(3) A [Land
Use and Development Control Plan] in any area shall contain or be
accompanied by such maps, diagrams, illustrations and descriptive matters as the
Planning Authority or the Development Authority thinks appropriate for the
purpose of explaining or illustrating the proposals in the plan and such
diagrams, illustrations and descriptive matters shall be treated as parts of the
plan.
(4) The [Land
Use and Development Control Plan] may also—
(a) (i) indicate broadly the manner in which Planning
Authority or the Development Authority proposes that land in such area should be
used;
(ii) indicate areas or buildings requiring preservation and
conservation for historical, architectural, environmental and ecological and
religious purposes;
(b) allocate areas or zones of land for use—
(i) for residential, commercial, industrial, agricultural,
natural scenic beauty, forest, wild life, natural resources, fishery and
landscaping;
(ii) for public and semi-public open spaces, parks and
playgrounds;
(iii) for such other purposes as the Planning Authority or the
Development Authority may think fit;
(c) indicate, define or provide for—
(i) the existing and proposed national highways, arterial
roads, ring roads and major streets;
(ii) the existing and proposed lines of communications,
including railways, transports, air-ports, canals and linkage between towns and
villages;
(iii) the existing and proposed amenities, services and
utilities, systems for water supply including improvement of lake, rivers,
fountains and the like, sewerage, drainage and waste disposal, generation and
distribution of electric power and distribution of gas, etc.;
(d) include regulations (hereinafter called zoning and
sub-division regulations) to control within each zone the location, height,
number of storeys and size of buildings and other structures, the size of yards,
courts and other open spaces and the use of buildings, structures and land and
sub-division of land and the street alignments, set back distances, embankment,
constructional activities destroying natural scenic beauty and provide for
amenities in hill areas and coastal areas and such other issues as may be
considered appropriate by the Authority;
(e) locate cluster of villages and huts and designate land for
hats, markets, cottage industry, livestock, pasture festivals, fairs,
melas and like community facilities and conservation of trees and
forests;
(f) indicate areas or zones for catchment, soil conservation,
plantation, unsafe for any construction, subsidence for any reason including
operation of mines, earthquake prone area and control of natural disaster.
Explanation.- The expression "mine" has the same
meaning as defined in the Mines Act,1952 (35 of 1952);
(g) designate land as subject to acquisition for any public
purposes.
[32. Omitted ]
OLD LAW 6
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34. Power of State Government to direct preparation of [Land Use and Development Control Plan.].—(1) Where by virtue of the provisions of this Act, a [Land Use and Development Control Plan] is to be prepared—
(a) if within the period prescribed or within such period
which the State Government has extended, no [Land Use
and Development Control Plan] has been prepared; or
(b) if at any time the State Government is satisfied that the
Planning Authority or the Development Authority is not taking steps necessary to
prepare such a [Land Use
and Development Control Plan] within that period, the State
Government may direct any officer of the State Government to prepare the [Land Use
and Development Control Plan],
(2) After the preparation of the
[Land Use
and Development Control Plan], the said officer shall submit the
[Land Use
and Development Control Plan] to the State Government and he shall
follow the procedure and exercise the powers of the Planning Authority or the
Development Authority, as the case may be.
(3) Any expenses incurred under this section in connection with the
reparation and publication of the [Land Use
and Development Control Plan] for the Planning Area of any Planning
Authority or Development Authority shall be paid by the concerned authority.
35. Approval of the State Government to the publication of notice of preparation of [Land Use and Development Control Plan.].— As soon as may be after the [Land Use and Development Control Plan] has been submitted to the State Government, but not later than the time prescribed, the State Government shall direct the Planning Authority or the Development Authority to make such modifications in the [Land Use and Development Control Plan] as the State Government thinks fit and thereupon the concerned authority shall make the modifications.
36. Public notice of the preparation of the [Land Use and Development Control Plan.].—(1) After the modification, if any, the Planning Authority or the Development Authority shall publish a public notice in the Official Gazette and in one or more local newspapers, of the preparation of the [Land Use and Development Control Plan] and the place or places where copies of the same may be inspected, inviting objections in writing from any person with respect to the [Land Use and Development Control Plan] within a period of sixty days [from the date of publication of the public notice in the Official Gazette or from the date of publication of the public notice in the newspaper, whichever is later]. (2) The notice of preparation of the [Land Use and Development Control Plan] as provided under the preceding sub-section, shall, notwithstanding anything contained in the contained in the Land Acquisition Act, 1894 (1 of 1894), be deemed to be a declaration duly made under section 4 of the said Act. (3) After the expiry of the period mentioned in sub-section (1), the concerned authority shall appoint a Committee consisting three of its members, to consider the objections filed under sub-section (1) and submit report within such time as the Planning Authority or the Development Authority may fix in this behalf. (4) The Committee so appointed shall have power to invite any other person, and such a person shall have a right to take part in the discussions of the Committee relevant to that purpose but shall not have a right to vote at a meeting and shall not be a member for any other purpose. (5) The Committee so appointed shall afford a reasonable opportunity of being heard, to any person, including representatives of Government Departments, or local authorities who has or have filed any objection, and who has or have made a request for being so heard. (6) As soon as may be, after the receipt of the report from the Committee, [but not later than such time as may be prescribed,] the Planning Authority or the Development Authority shall consider the report and may make such modifications in the [Land Use and Development Control Plan] as it considers proper, and shall submit the [Land Use and Development Control Plan] with or without modifications together with the report of the Committee to the State Government.
37. Approval of the State Government.—(1) As soon as may be, after the receipt of the [Land Use and Development Control Plan], together with the report of the Committee, [but not later than such time as may be prescribed,] the State Government may either approve the [Land Use and Development Control Plan] with or without modifications or return the [Land Use and Development Control Plan] to the concerned authority to modify the plan or to prepare a fresh plan in accordance with such directions as the State Government may issue in this behalf. (2) After modification in the plan or preparation of a fresh plan in accordance with the directions of the State Government under sub-section (1), the same shall be submitted to the State Government for approval and the State Government shall intimate its decision [within such time of the receipt of the Plan as may be prescribed.]
38. Coming into operation of the [Land Use and Development Control Plan.].—(1) Immediately after the [Land Use and Development Control Plan] has been approved by the State Government, the Planning Authority or the Development Authority shall publish a public notice in the Official Gazette and in a local newspaper or newspapers, of the approval of the [Land Use and Development Control Plan] and the place or places where copies of the [Land Use and Development Control Plan] may be inspected. (2) The publication of the notice in the Official Gazette of the approval of the [Land Use and Development Control Plan] shall, notwithstanding anything contained in the Land Acquisition Act, 1894 (1 of 1894), be deemed to be a declaration duly made under section 6 of the said Act. (3) The [Land Use and Development Control Plan] shall come into operation from the date of publication of the aforesaid notice in the Official Gazette. 4[(4) xxx ] (5) If the [Land Use and Development Control Plan] contains zoning and sub-division regulations as referred to in clause (d) of sub-section (4) of section 31, it shall be the duty of the Corporation or the Commissioners of the municipality or any other local authority, within whose jurisdiction such area or zone is situate, to enforce such regulatory measures in supersession of the rules and regulations, of any, applicable to such area or zone. 39. Reference to High Court questioning the validity of the [Land Use and Development Control Plan.].—(1) Within one month of the coming into 1peration of the [Land Use and Development Control Plan], any person aggrieved by it may make an application to the High Court questioning the validity of the [Land Use and Development Control Plan] or any provisions contained therein on the following grounds:—
(a) that is not within the powers conferred by this Act,
or
(b) that any requirement of this Act, or any rules made
thereunder have not been complied with in relation to the making of the [Land Use
and Development Control Plan].
(2) The High Court, after giving an
opportunity to the authority concerned and the State Government to be heard,—
(a) may stay, until the final determination of the
proceedings, the operation of any provisions contained therein so far as it
affects any property of the applicant; and
(b) if satisfied that the [Land
Use and Development Control Plan] or any provision contained therein
is not within the powers conferred by this Act, or that the interest of the
applicant has been substantially prejudiced by a failure to comply with any
requirement of this Act or rules, may quash the plan or any provision contained
therein generally or in so far as it affects any property of the
applicant.
(3) Subject to the above provisions of this section, a [Land
Use and Development Control Plan] shall not, either before or after
it has been approved, be questioned in any manner, in any legal proceedings
whatsoever.
40. Amendment of [Land Use and
Development Control Plan.].—(1) At any time after the date on
which the [Land Use and
Development Control Plan] for an area comes into operation, and at
least once in every 10 years after that date, the concerned authority shall,
after carrying out such fresh surveys as may be considered necessary, prepare
and submit to the State Government a [Land Use and
Development Control Plan] for any alterations or additions considered
necessary.
(2) The provisions of sections 36, 37 and 38 shall, mutatis
mutandis, apply to such a [Land Use and
Development Control Plan].
41. Changes in the [Land Use and
Development Control Plan.].—At any time after the date on which
the [Land Use and
Development Control Plan] for an area comes into operation, the
Planning Authority or the Development Authority may, with the previous approval
of the State Government, make such changes in the [Land Use and
Development Control Plan] as may be necessitated by topographical and
cartographical errors and omissions, details of proposals not fully indicated in
the plan or changes arising out of the implementation of the proposals in the
[Land Use and
Development Control Plan]:
Provided that—
(1) all such changes are in the public interest, and
(2) all such changes are notified to the public.
42. Annulment of the [Land Use and
Development Control Plan].—(1) The State Government may, in the
public interest or for any other sufficient reason, annul any [Land Use and
Development Control Plan] or a portion thereof or any provision
contained therein.
(2) Immediately after the annulment of the [Land Use and
Development Control Plan] or any portion thereof or any provision
contained therein, the State Government shall publish a public notice of the
said annulment.
[42A.
Validation of plan prepared or adopted prior to the coming into force of the
West Bengal Town and Country (Planning and Development) (Amendment) Act,
1994.—Any plan, by whatever name called, prepared or adopted by any Planning
Authority or Development Authority under any provision of this Act prior to the
coming into force of the West Bengal Town and Country (Planning and Development)
(Amendment) Act, 1994, shall, on the coming into force of the West Bengal Town
and Country (Planning and Development) (Amendment) Act, 1994, be deemed to be a
Land Use and Development Control Plan prepared or adopted, as the case may be,
under this Act, as amended by the West Bengal Town and Country (Planning and
Development) (Amendment) Act, 1994.]
43. Power to acquire land under the Land Acquisition
Act, 1894.— Any land required, reserved or designated in a [Land Use and
Development Control Plan] or a Development Scheme under Chapter VIII
shall be deemed to be land needed for a public purpose within the meaning of the
Land Acquisition Act, 1894 (1 of 1894), and may be acquired under the said Act.
Chapter VII
Control of Development and Use of Land
44.
Use and development of land to be in conformity with [Land Use and
Development Control Plan.].— After the coming into operation of
any [Land Use and
Development Control Plan] in any area, no person shall use or permit
to be used any land or carry out any development in that area otherwise than in
conformity with such [Land Use and
Development Control Plan]:
Provided that the Planning Authority or the Development Authority may
allow the continuance, for a period not exceeding 7 years, of the use, upon such
terms and conditions as may be imposed by the concerned authority, of any land
for the purpose and to the extent, for and to which it is being used on the date
on which such [Land Use and
Development Control Plan] comes into operation.
45. Prohibition of development without payment of
development charges and without permission.—After the coming into force of
this Act to any area and subject to the provisions relating to the development
charge and other provisions of this Act, no development, institution or change
of use, of any land shall be undertaken or carried out in that area—
(a) without obtaining a certificate from the concerned
authority certifying that the development charge as leviable under this Act has
been paid or that no such development charge is leviable; and
(b) without obtaining the permission in writing as provided
for hereinafter:
Provided that no such permission shall be necessary—
(i) for the carrying out such works for the maintenance,
improvement or other alteration of any building, which affect only the interior
of the building or which do not materially affect the external appearance of the
building:
(ii) for the carrying out by the Central or the State
Government or any local authority of any works required for the maintenance or
improvement of a highway, road or public street, being works carried out on land
within the boundaries of such highway, road or public street;
(iii) for the carrying out by the Central or the State
Government or any local authority of any works for the purpose of inspecting,
repairing or renewing any drains, sewers, mains, pipes, cables or other
apparatus including the breaking open of any street or other land for that
purpose;
(iv) for the excavation (including wells) made in the ordinary
course of agricultural operations;
(v) for the construction of un-metalled road intended to give
access to land solely for agricultural purposes;
(vi) for normal use of land which has been used temporarily
for other purposes;
(vii) in case of land, normally used for one purpose and
occasionally used for any other purpose, for the use of land for that other
purpose on occasions;
(viii) for use, for any purpose incidental to the use of a
building for human habitation, or any other building or land attached to such
building.
46. Permission for development.—(1) Any
person or body (excluding a department of the Central or the State Government or
any local authority) intending to [carrying
out any development or township project on any land] shall make an
application in writing to the Planning Authority or Development Authority for
permission in such form and containing such particulars and accompanied by such
documents and plans as may be prescribed.
(2) On such application having been duly made, and on payment of the
development charge as may be assessed under Chapter IX.—
(a) the Planning Authority or the Development Authority may
pass an order,—
(i) granting permission unconditionally; or
(ii) granting permission subject to such conditions as it may
think fit; or
(iii) refusing permission,
(b) without prejudice to the generality of clause (a) of this
sub-section the concerned authority may impose conditions
(i) to the effect that the permission granted is only for a
limited period and that after the expiry of that period, the land shall be
restored to its previous condition or the use of the land permitted shall be
discontinued;
(ii) for regulating the development or use of arty other land
under the control of the applicant or for the carrying out of works on any such
land as may appear to the authority expedient for the purpose of the permitted
development.
(3) (i) The concerned authority in dealing with the applications
for permission shall have regard to—
(a) the provisions of the [Land
Use and Development Control Plan,] if it has come into operation;
and
Explanation.—"Panchayat" has the same meaning as in
clause (d) of Article 243, and "Municipality" has the same meaning as in clause
(e) of Article 243P, of the Constitution of India.]
(ii) The provision of sub-section (1) shall not apply to
applications under sub-section (5).
(4) When permission is granted subject to
conditions or is refused, the grounds of imposing such conditions or such
refusal shall be recorded n the order and the order shall be communicated to the
applicant.
(5) In the case of a department of the Central or the State Government or
any local authority (where the local authority is not also the Development
Authority) intending to carry out any development other than operational
constructions (which shall always be outside the purview of the Planning or
Development Authority), on any land, the concerned department or authority, as
the case may be, shall notify in writing to the Development Authority of its
intention to do so, giving full particulars thereof and accompanied by such
documents and plans as may be directed by the State Government from time to
time, at least, one month prior to the undertaking of such development.
(6) Where the concerned authority raises any objection in respect of the
conformity of the proposed development either to any [Land Use and
Development Control Plan] under preparation, or to any of the
building bye-laws in force at the time, or due to any other material
consideration under sub-section (7), the department or the authority, as the
case may be, shall—
(a) either make necessary modifications in the proposals for
development to meet the objections, or
(b) submit the proposals for development together with the
objections raised by the concerned authority to the State Government for
decision. When proposals and objections have been submitted, no development
shall be undertaken until the State Government has finally decided on the
matter.
(7) The State Government on receipt of the proposals for development
together with the objections of the concerned authority, shall either approve
the proposals with or without modifications or direct the concerned authority to
make such modifications in the proposals as it considers necessary in the
circumstances.
47. Appeal against grant of permission subject to
conditions or refusal of permission.—(1) Any applicant aggrieved by an order
passed under section 46, or if no order is passed under that section, may
appeal, within one month of the communication of that order to him or after the
expiry of the period of three months from the date of submitting the
application, as the case may be, in the manner and accompanied by such fees as
may be prescribed, to the State Government or any officer of the State
Government appointed in this behalf.
(2) The State Government or the said officer, on receiving the appeal and
after giving a reasonable opportunity of hearing to the appellant and the
concerned authority, may dismiss the appeal or allow the appeal and pass order—
(a) granting permission unconditionally; or
(b) granting permission subject to such conditions as may be
considered fit; or
(c) removing the conditions subject to which permission has
been granted and imposing other conditions, if any, as may be considered
fit.
48. Lapse of permission.—(1) Every permission for
any development granted under this Act shall remain in force for a period of one
year from the date of such permission.
(2) The concerned authority may, on application made in this behalf
before the expiry of the aforesaid period, extend the same for such times as it
may think proper, but the total period shall in no case exceed three years.
(3) If any permission lapses under sub-section (1) or (2), such lapse
shall not bar any subsequent application for fresh permission under this Act.
49. Obligation to acquire land on refusal of permission
or on grant of permission in certain cases.—(1) Where any person, interested
in the land and aggrieved by an order in appeal under section 47 refusing
permission or granting permission subject to conditions, claims—
(a) that the land has become incapable of reasonably
beneficial use in the existing state, or
(b) that the land, in a case where permission to develop has
been granted subject to conditions, cannot be rendered capable of reasonably
beneficial use by carrying out the permitted development in accordance with the
conditions, he may within three months and in the manner prescribed serve on the
State Government a notice (hereinafter referred to as an acquisition notice)
requiring the State Government to acquire his interest in the land and a copy of
the notice shall at the same time be served on the authority concerned.
(2)
After receiving the notice, the State Government shall appoint a person who
shall, after reasonable opportunity of hearing to the person serving the
acquisition notice and the authority concerned, submit his report thereon to the
State Government.
(3) The State Government, on a consideration of the report—
(a) (i) if satisfied that the conditions specified in clause
(a) or (b) of sub-section (1) are not fulfilled, or
(ii) if the order appealed against was passed on the ground of
not complying with any provisions of this Act, rules or regulations that may be
applicable, shall pass an order refusing to confirm the notice;
(b) if satisfied that conditions specified in clause (a) or
(b) of sub-section (1) are fulfilled regarding the land or any part of the land,
shall pass an order,—
(i) confirming the notice; or
(ii) directing the concerned authority to grant such
permission to develop the land or grant the permission subject to such
conditions as will keep the land capable of reasonably beneficial use.
(4) if
within the period of one year from the date on which an acquisition notice is
served under sub-section (1), the State Government does not pass any order under
sub-section (3), the notice shall be deemed to have been confirmed at the
expiration of that period.
(5) Upon confirmation of the notice either under clause (b) of
sub-section (3) or under sub-section (4), the State Government shall proceed to
acquire the land or that part of any land regarding which the notice has been
confirmed within one year of the confirmation.
50. Compensation for refusal of permission or grant of
permission subject to conditions in certain cases.—(1) Where an order in
appeal under section 47 refusing to grant permission or granting permission
subject to conditions, relates to any of the following developments—
(a) re-erection of a building which has been destroyed or
demolished so long as the cubic content of the original building is not exceeded
by more than one-tenth;
(b) enlargement, improvement or other alteration of any
building which was in existence on the date, the development plan relating to
the area comes into operation for the first time, so long as the cubic content
of the original building is not exceeded by more than one-tenth;
(c) carrying out, on land used for the purposes of
agriculture, of any building or other operation required for that purpose, other
than operations for the erection, enlargement, improvement or alteration of a
building for human habitation or of building used for the purpose of marketing
of the produce of land;
(d) where any part of any building or other land which on the
date of coming into operation for the first time of the development plan
relating to the area is used for a particular purpose, the use for that purpose
of any additional part of the building or land not exceeding one-tenth of the
cubic content, of the part of the building used for that purpose on that day,
or, as the case may be, one-tenth of the area of the land so used on that date,
the owner may, within the time and in the manner prescribed, claim upon the
concerned authority, if he has not served an acquisition notice, or if the
acquisition is not confirmed by the State Government under section 49 for an
amount for such refusal or for grant of permission subject to conditions
:
Provided that no amount shall be claimable if such refusal or grant of
permission subject to conditions was based on any provision of any development
plan.
(2) When a claim is received by such officer of the concerned authority
as may be appointed in this behalf he shall, after giving an opportunity of
hearing to the applicant, make a report to the concerned authority.
(3) (i) On receipt of the report referred to in sub-section (2), the
concerned authority shall consider it and assess the amount and offer it to the
owner.
(ii) The amount shall be equal to—
(a) where permission is refused, the difference between what
would have been the value of the land if the permission had been granted and the
value of the land in its existing state:
(b) where permission is granted subject to conditions, the
difference between what would have been the value of the land if the permission
had been granted unconditionally and what would be the value of the land with
permission granted subject to conditions.
(4) If the owner does not accept
the amount and gives notice, within thirty days from the date of offer, of his
refusal to accept, the concerned authority shall refer the matter for the
adjudication of the Court am the decision of the Court shall be final and
binding on the owner and the authority.
Explanation.—The expression "Court" means a principal Civil Court
of original jurisdiction, and includes any other Civil Court empowered by the
State Government to perform the function of the Court under this Act within the
pecuniary and local limits of its jurisdiction.
51. Power of revocation and modification of permission
to develop.—(1) If it appears to the Planning Authority or the Development
Authority that it is expedient, having regard to the [Land
Use and Development Control Plan] prepared or under preparation or to
be prepared and to any other material consideration, that any permission to
develop land granted under this Act or any other law, should be revoked or
modified, the Planning Authority or the Development Authority may, by order,
revoke or modify the permission to such extent as appears to it to be necessary
:
Provided that —
(a) where the permission relates to the carrying out of
building or other operations, no such order shall,—
(i) affect such of the operations as have been previously
carried out;
(ii) be passed after these operations have been completed;
(b) where permission relates to a change of use of land, no
such order shall be passed at any time after the change has taken place.
(2)
When permission is revoked or modified by an order made under sub-section (1),
if the owner claims from the Planning Authority or the Development Authority
within thirty days from the date of revocation or modification, an amount for
the expenditure incurred in carrying out the works after the grant of permission
and in accordance with such permission, which has been rendered abortive by the
revocation or modification, the Planning Authority or the Development Authority
shall, after giving the owner a reasonable opportunity of hearing by an officer
appointed by it in this behalf, and after considering the officer's report,
assess and offer such amount to the owner as it thinks fit.
(3) If the owner does not accept the amount and gives notice, within
thirty days from the date of offer, the Planning Authority or the Development
Authority shall refer the matter for the adjudication of the Court and the
decision of the Court shall be final and binding on the owner and the concerned
authority.
Explanation.—The expression "Court" has the same meaning as in
section 50
52. Penalty for unauthorised development or for use
otherwise than in conformity with the [Land Use and
Development Control Plan.].—(1) Any person who, whether at his
own instance or at the instance of any other person, commences, undertakes or
carries out development, or changes use of any land of building,—
(a) in contravention of any [Land Use and
Development Control Plan];
(b) without obtaining a certificate regarding development
charge under clause (a) of section 45;
(c) without permission as required under this Act;
(d) in contravention of any condition subject to which such
permission has been granted;
(e) after the permission for development has been revoked
under section 51; or
(f) in contravention of the permission which has been modified
under section 51;
shall be punishable with simple imprisonment for a term
which may extend to six months or with fine which may extend to five .thousand
rupees or with both, and in the case of a continuing offence with a further fine
which may extend to five hundred rupees for every day during which the offence
continues.
(2) Any person who continues to use or allows the use of any land or
building in contravention of the provisions of a '[Land Use and Development
Control Plan] without having been allowed under section 44 or where the
continuance of such use has been allowed under that section, continues such use
after the period for which the use has been allowed or without complying with
the terms and conditions under which the continuance of such use is allowed,
shall be punishable with simple imprisonment for a term which may extend to six
months or with a fine which may extend to two thousand rupees or with both, and
in the case of a continuing offence with a further fine which may extend to two
hundred and fifty rupees for every day during which such offence continues.
53. Notice regarding unauthorised development or use
otherwise than in conformity with the [Land
Use and Development Control Plan.].—(1) Where any development of
land has been or is being carried out as mentioned in section 52, the Planning
Authority or the Development Authority shall serve on the owner a notice
requiring him, within a period of one month after the service of the notice, to
take such steps as may be specified in the notice, which shall be—
(a) in cases specified in clauses (a), (c) or (e) of
sub-section (1) of section 52 to restore the land to its condition before the
said development took place;
(b) in a case specified in clause (b) of sub-section (1) of
section 52 to pay the development charge and such penalty, if any, as may be
prescribed;
(c) in cases specified in clauses (d) or (f) of sub-section
(1) of section 52 to secure compliance with the conditions or with the
permission as modified.
(2) In particular, any such notice may, for the
purpose aforesaid, require—
(a) the demolition or alteration of any building or works;
(b) the carrying out on land, of any building or other
operations; or
(c) the discontinuance of any use of and :
Provided that in case the notice relates to the discontinuance
of any use of land, the Planning Authority or the Development Authority shall
serve a notice on the occupier also.
(3) Any person aggrieved by such notice
may, within the period specified in the notice—
(a) apply for permission under section 46 for the retention on
the land of any buildings or works or for the continuance of any use of the
land, to which the notice relates; or
(b) apply to the concerned authority for reconsideration and
withdrawal of the notice.
(4) (a) The notice shall be of no effect pending the final
determination or withdrawal of the application.
(b) (i) The provisions of sections 45, 46 and 47 shall apply
to such application with such modifications as may be necessary.
(ii) If permission is granted on an application made under
clause (a) of sub-section (3), the notice shall not take effect, or if such
permission is granted for the retention only of some buildings or works or for
the continuance of use of only a part of the land, the notice shall not take
effect regarding such buildings or works or such part of the lard, but shall
have full effect regarding other buildings or works or other parts of the
land.
(5) The authority or any officer of the authority, appointed in this
behalf, may dismiss the application or accept it by quashing or varying the
notice as he may think fit.
(6) If within the period specified in the notice or within such period
after the disposal or withdrawal of the application under sub-section (3), the
notice or so much of it as continues to have effect, or the notice with
variation made under sub-section (5) is not complied with, the Planning
Authority or the Development Authority may—
(a) prosecute the owner for not complying with the notice and
in case where the notice required discontinuance of any use of land, any other
person also who uses the land or causes or permits the land to be used in
contravention of the notice; and .
(b) (i) in the case of a notice requiring the demolition or
alteration of any building or works or carrying out of any building or other
operations, itself cause the restoration of the land to its condition before the
development took place and secure the compliance with the conditions of the
permission or with the permission as modified, by taking such steps as the
Planning Authority or the Development Authority may consider necessary including
demolition or alteration of any building or works or carrying out of any
building or other operations;
(ii) the Planning Authority or the Development Authority may
recover the cost of any expenses incurred by it in this behalf from the owner as
arrears of land revenue,
(7) Any person prosecuted under clause (a) of
sub-section (6) shall be punishable with simple imprisonment for a term which
may extend to six months or with a fine which may extend to two thousand rupees,
or with both, and in the case of a continuing offence, with a further fine which
may extend to two hundred rupees for every day during which such offence
continues.
54. Power to stop unauthorised development.—(1)
Where any development of land as mentioned in section 52 is being carried out
but has not been completed, the Planning Authority or the Development Authority
may serve on the owner and the person carrying out the development a notice
requiring the development of land to be discontinued from the time of the
service of such notice.
(2) Where such notice has been served, the provisions of clause (b) of
sub-section (4) and sub-section (5) of section 53 shall apply with such
modifications as may be necessary :
Provided that the provisions of clause (a) of sub-section (4) of section
53 shall not apply and in spite of the filing of application under clause (a) or
(b) of sub-section (3) of section 53 the notice shall continue to have full
effect.
(3) If such notice is not complied with forthwith, the Planning Authority
or the Development Authority, or such officer of the concerned authority, who
may be authorised in this behalf, may require any police officer to remove such
person and all assistants and workmen from the land at any time after the
service of such notice and such police officer shall comply with.the requisition
accordingly.
(4) After the requisition under sub-section (3) has been complied with,
the Planning Authority or the Development Authority, or such officer of the
concerned authority who may be authorised in this behalf, may, if it or he
thinks fit, depute, by a written order, a police officer or any officer or
employee of the Planning Authority or the Development Authority to watch the
land in order to ensure that the development is not continued.
(5) Where a police officer or an officer or employee of the Planning
Authority or Development Authority has been deputed under sub-section (4) to
watch the land, the cost of such deputation shall be paid by the person at whose
instance such development is being continued or to whom notice under sub-section
(1) was given and shall be recoverable from such person as arrears of land
revenue.
55. Power to require removal of unauthorised
development or use.—(1) If it appears to the Planning Authority or the
Development Authority that it is expedient in the interest of the proper
planning of its arrears (including the interest or amenities), having regard to
the [Land
Use and Development Control Plan] prepared, or under preparation, or
to be prepared, and to any other material consideration—
(a) that any use of land should be discontinued; or
(b) that any conditions should be imposed on the continuance
thereof; or
(c) that any building or works should be altered or removed,
the Planning Authority or the Development Authority may, by notice served on the
owner,—
(i) require the discontinuance of that use; or
(ii) impose such conditions, as may be specified in the
notice, on the continuance thereof; or
(iii) require such steps, as may be specified in the notice,
to be taken for the alteration or removal of any buildings or works, as the case
may be, within such period, being not less than one month, as may be specified
therein, after the service of the notice.
(2) Any person aggrieved by such
notice may, within the period specified in the notice, apply to the authority
for the cancellation of the notice.
(3) If an application is filed under sub-section (2), the provisions of
sub-sections (4) and (5) of section 53 shall apply, with such modifications as
may be necessary.
(4) If any person—
(a) who has suffered damage in consequence of the compliance
with the notice, by the depreciation of any interest in the land to which he is
entitled or by being disturbed in his enjoyment of the land, or
(b) who has carried out any works in compliance with the
notice, claims, from the Planning Authority or the Development Authority within
the time and in the manner prescribed, for an amount in respect of that damage,
or of any expenses reasonably incurred by him for complying with the notice, the
provisions of sub-sections (3) and (4) of section 50 shall apply with such
modifications as may be necessary.
(5) (a) If any person interested in the
land in respect of which a notice is issued under this section, claims that by
reason of the compliance with the notice, the land will become incapable of
reasonably beneficial use, he may within the period specified in the notice or
within such period after the disposal of the appeal, if any, filed under
sub-section (2) and in the manner prescribed, serve on the State Government, an
acquisition notice requiring his interest in the land to be acquired.
(b) When a notice is served under clause (a), the provisions
of sub-sections (2) to (5) of section 49 shall apply with such modifications as
may be necessary.
56. Interim provision pending preparation
of [Land
Use and Development Control Plan.].—Where the Planning Authority
or the Development Authority, in the exercise of its functions and powers with
respect to any area under it, is required to have regard to the provisions of
[Land Use and
Development Control Plan] before such [Land Use and
Development Control Plan] has become operative, the concerned
authority shall have regard to the provisions which, in its opinion, will be
required to he included for securing the proper planning of the concerned area.
Chapter VIII
Development Schemes
57. Preparation of
development schemes.—A Development Authority may, as soon as may be, after
the [Land
Use and Development Control Plan] has been approved by the State
Government, for the purpose of implementing the proposals contained in the [Land
Use and Development Control Plan], prepare one or more development
schemes for the area within its jurisdiction or any part thereof.
58. Scope of the development scheme.—(1) A scheme
may be made in accordance with the provisions of this Act in respect of any land
which is—
(a) in the course of development,
(b) likely to be used for building and other purposes, or
(c) already built upon.
Explanation.—The expression
"land likely to be used for buildings and other purposes" shall include any land
likely to be used as, or for the purpose of providing open spaces, roads,
streets, parks, pleasure or recreational grounds, parking spaces, or for the
purpose of executing any work upon or under the land incidental to a scheme,
whether in the nature of a building work or not.
(2) Such schemes may make provisions for all or any of the following
matters :-
(a) the laying out or relaying out of land, either vacant or
already built upon;
(b) the filling up or reclamation of low laying swamp or land
to which damage has been caused by subsidence due to operation of mines or
unhealthy areas or levelling up of land;
(c) the laying out of new streets or roads, construction,
diversion, extension, alteration, improvement and stopping of streets, roads and
communications;
(d) the reconstitution of plots;
(e) the construction, alteration or removal of buildings,
bridges or other structures;
(f) the allotment or reservation of land for roads, open
spaces, gardens, recreation grounds, schools, markets, industrial and commercial
activities, green belts and dairies, transport facilities and public purposes of
all kinds;
(g) the undertaking of housing schemes for different income
groups, commercial areas, industrial estates, provision of community facilities
like schools, hospitals, and similar types of developments;
(h) drainage inclusive of sewerage, surface or sub-soil
drainage and sewage disposal;
(i) lighting;
(j) water supply;
(k) the preservation and protection of objects of historical
importance or natural beauty and of buildings actually used for religious
purpose;
(l) the imposition of conditions and restrictions in regard to
the open space to be maintained about buildings, the percentage of building area
for a plot, the number, height and character of buildings allowed in specified
areas, the purposes for which buildings or specified areas may or may not be
appropriate, the sub-division of plots, the discontinuance of objectionable uses
of land in any area in reasonable periods, parking space and loading and
unloading space for any building and the size of projections and advertisement
signs;
(m) the suspension, to the extent necessary, for the proper
carrying out of the scheme, of any rule, bye-law, regulation, notification or
order made or issued under any Act of the State Legislature or any of the Acts
which the State Legislature is competent to amend;
(n) acquisition by purchase, exchange or otherwise of any
property necessary for or effected by the execution of the scheme; and
(o) such other matters not inconsistent with the objects of
this Act, as may be directed by the State Government.
59.
Contents of the scheme.—The scheme shall contain, so far as may loo
necessary, the following particulars :—
(a) the area, ownership and tenure of all existing plots
covered by the scheme;
(b) the land allotted or reserved under clause (f) of
sub-section (2) of section 56 with a general indication of the uses to which
such land is to be put and the terms and conditions subject to which such land
is to be put to such uses;
(c) a full description of all the details of the scheme under
such clause of sub-section (2) of section 58 as may be necessary;
(d) the laying out or relaying out of the land either vacant
or already built upon;
(e) the filling up or reclamation of low lying swamp or land
to which damage has been caused by subsidence due to opertion of mines or
unhealthy areas or levelling up of land;
(f) the extent to which it is proposed to alter the boundaries
of the existing plots in accordance with the proposed scheme;
(g) an estimate of the total cost of the scheme and the net
cost to be borne by the Development Authority; and
(h) any other particulars which may be prescribed.
60. Reconstitution of plot scheme.—(1) In a scheme
reconstituting the p ts, the size and shape of every reconstituted plot shall be
determined, so fa, as may be, to render it suitable for building purposes, and
where a plot is already built upon, to ensure that the buildings, as far as
possible, comply with the provisions of the scheme as regards open spaces.
(2) For the purpose of sub-section (1), the scheme may contain
proposals
(a) to form a final plot by reconstitution of an existing plot
by alteration of the boundaries of the existing plot, if necessary;
(b) to form a reconstituted plot from an existing plot by the
transfer wholly or partly of the adjoining lands;
(c) to provide, with the consent of the owners, that two or
more existing plots each of which is held in joint-ownership or in severally
shall thereafter with or without alteration of boundaries, be held in ownership
in common as a reconstituted plot;
(d) to allot a reconstituted plot to any person if
dispossessed of land in furtherance of the same; and
(e) to transfer the ownership of an existing plot from one
person to another.
61. Publication of the scheme.—(1)
As soon as may be, after the scheme under section 57 has been prepared, the
Development Authority shall publish the scheme in the Official Gazette
and in one or more local newspapers specifying the place or places where copies
of the same may be inspected, and inviting objections in writing from any person
with respect to the scheme within such period as may be specified in the notice
which shall not be less than two months from the date of publication of the
notice in the Official Gazette
Provided that no such notice shall be required where land covered by the
scheme has already been acquired and the execution of the scheme does not affect
the interest of any person.
(2) Simultaneously with the publication of the scheme the Development
Authority shall submit copies of the notice and of the scheme to the State
Government drawing particular attention to the provision in the scheme, if any,
referring to clause (m) of sub-section (2) of section 58.
(3) The publication of the scheme as provided under sub-section (1) of
this section shall, notwithstanding anything contained in the Land Acquisition
Act, 1894(1 of 1894), be deemed to be a declaration duly made under section 4 of
the said Act.
62. Power of the State Government to require the
Development Authority to make scheme.—(1) Notwithstanding anything contained
in this Act the State Government may, after making such inquiry as it deems
necessary, by notification, direct the Development Authority to make and publish
in such manner as the State Government may direct, a scheme in respect of any
land in regard to which a development scheme may be made.
(2) If the Development Authority fails to make the scheme within three
months from the date of direction given under sub-section (1) or within such
time as the State Government may extend from time to time, an officer shall be
appointed by the State Government to make and publish and submit the scheme for
the land to it and thereafter the provisions of this Act shall, as far as may
be, apply to the making of such scheme.
63. Power of State Government to suspend rules,
bye-law, etc.—(1) Where the Development Authority has published the scheme
under sub-section (1) of section 61, the State Government may, on an application
of the Development Authority, by order published in the Official Gazette,
suspend to such extent only, as may be necessary for the purpose of implementing
the scheme, any rule, bye-law, regulation, notification or order made or issued
under any law which the Legislature of the State is competent to amend.
(2) Any order issued under sub-section (1) shall cease to operate in the
event of the scheme being withdrawn by the said authority either on its own
notion or under the directions of the State Government under section 71.
64. Procedure in case of disputed claims to
land.—(1) Where there is t disputed claim as to the ownership of any piece
of !and included in an area respect of which the scheme has been published under
sub-section (1) of section 61 and any entry in the records or rights or mutation
register relevant to such disputed claims is inaccurate or inconclusive, an
enquiry may be held on a submission being made by the Development Authority at
any time prior to the date of final publication of the scheme under section 70,
by such officer as the State Government may appoint for the purpose of deciding
who shall be deemed to be owner for the purpose of this Act.
(2) The decision under sub-section (1) shall not be subject to appeal but
shall not operate as a bar to a regular suit.
(3) Such decision shall be corrected, modified or rescinded as may be
necessary to give effect to the decree or order of the Civil Court after the
same has been brought to the notice of the Development Authority either by the
Civil Court or by any person affected by such decree or order.
(4) Such decision shall, in the event of the Civil Court passing a decree
or order which is inconsistent therewith, be corrected, modified or rescinded in
accordance with such decree or order as may be practicable after such decree or
order has been brought to the notice of the Planning Authority or the
Development Authority either by the Civil Court or by any person affected by
such decree or order.
(5) Where such a decree or order of the court is passed after the scheme
has been published, such scheme shall be deemed to have been suitably varied by
reason of such decree.
65. Restrictions on use and development of land after
the publication of the scheme.—(1) On or after the date on which the scheme
is published in the Official Gazette under sub-section (1) of section 61—
(a) no person shall within the area included in the scheme
erect or proceed with any building work, remove, pull down, alter, make
additions tr4 or make any substantial repair to any building, part of a
building, a compound wall or any drainage work or remove any earth, stone or
material, or sub-divide any land or change the use of any land or building
unless such person has applied for and obtained necessary permission from the
Development Authority in the form prescribed:
(b) the Development Authority on receipt of an application
referred to in clause (a) shall at once furnish the applicant with a written
acknowledgement of its receipt and may, after an enquiry, either grant or refuse
such permission or grant it subject to such conditions as the Development
Authority may think fit to impose. If the Authority communicates no decision to
the applicant within three months from the date of such acknowledgement, the
applicant shall be deemed to have been granted such permission;
(c) if any person contravenes the provisions contained in
clause (a) or clause (b), the Development Authority may direct such person by
notice in writing to stop any work in progress and after making inquiry in the
prescribed manner, remove, pull down, or alter any building or other work or
restore the land in respect of which such contravention is made to its original
condition; and
(d) any expenses incurred by the concerned Authority under
clause (c) shall be a sum due to such Authority under this Act from the person
in default or the owner of the plot.
(2) No person shall be entitled to any
compensation in respect of any damage, loss or injury resulting from any action
taken by the Development Authority under sub-section (1) of this section except
in respect of a building or work begun or a contract entered into before the
date on which the Development Authority published the scheme under sub-section
(1) of section 61 or the notification under sub-section (1) of section 62 was
published by the State Government and only in so far as such building or work
has proceeded at the time of the publication of the scheme :
Provided that such claim to compensation in the excepted cases shall be
subject to the conditions of any agreement entered into between such person and
the concerned Authority.
(3) Where under clause (a) of sub-section (2) of section 58 or under
section 59, the purposes to which,—
(a) any plot of land may not be used has been specified, such
plot of land shall, within such period of not less than one year, as may be
specified in the scheme, cease to be used for the purposes and shall be used
only for the purpose specified in the scheme;
(b) any existing building may not be used has been specified,
such building shall, within such period of not less than three years as may be
specified in the scheme cease to be used for any purpose other than the purposes
specified in the scheme; and
(c) any plot of land with existing buildings may not be used
has been specified in the scheme and the existence of such buildings is
inconsistent with the provisions of the scheme, such buildings shall, within
such period of not less than ten years as may be specified in the scheme, cease
to exist :
Provided that such period shall not be less than the reasonable
life of the buildings.
(4) Any person aggrieved by the decision of the Development Authority
under this section may, within sixty days from the date of the decision, appeal
to the Authority as may be prescribed and the order of such Authority in the
appeal shall be final.
(5) The provisions of section 50 shall, mutatis mutandis,
apply in relation to the unauthorised development or use of land included in a
development scheme.
(6) The restrictions imposed by this section shall cease to operate in
the event of the scheme being withdrawn by the Planning Authority or the
Development Authority on its own or on the direction of the State Government
under section 71.
66. Possession of land in advance of development
scheme.—(1) Where the Development Authority thinks that in the interest of
the public it is necessary to undertake forthwith any of the works included in a
scheme for a public purpose, the said Authority shall make an application to the
State Government that the land required for the scheme shall vest in the
Authority provided there is no building on it.
(2) The State Government may, if satisfied that it is urgently necessary
in the public interest to empower the Development Authority to enter on such
land for the purpose of executing any of such work, direct such Authority by
notification to take possession of the land.
(3) The said Authority shall then give a notice in the prescribed manner
to the person interested in the land, the possession of which is to be taken
requiring him to give possession of the land to the said Authority or any person
authorised by it in this behalf within a period of one month from the date of
service of the notice; and if no possession is delivered within the period
specified in the notice, such Authority shall take possession of the land. Such
land shall thereupon, notwithstanding anything contained in this Act, vest
absolutely in the said Authority free from all encumbrances.
67. Magistrate to enforce delivery of possession of
land.—(1) If the Development Authority is opposed or obstructed in taking
possession of the land under section 66, it shall apply to the Commissioner of
Police, [Kolkata],
or to the District Magistrate of the District, within whose jurisdiction the
land is situated, to enforce the delivery of the possession of the land to the
said Authority. The Commissioner of Police, [Kolkata],
or the District Magistrate, as the case may be, shall taken or cause to be taken
such steps and use or cause to be used such force as may be reason-ably
necessary for securing the delivery of possession of the land to the Authority.
(2) For the avoidance of doubt, it is hereby declared that the power to
take steps under sub-section (1) includes the power to enter upon any land or
other property whatsoever.
68. Persons interested in land of which possession is
taken entitled to interest.—Where possession of the land is taken by the
Development Authority under sections 66 or 67, the person interested in such
land shall be entitled to interest at the rate,of six per cent per annum
on the amount payable to him under the scheme in respect of the said land from
the date on which such possession is taken till the date on which the amount is
paid him by the concerned Authority.
69. Consideration of objections and submission of
scheme to the State Government.—After the expiry of the period specified in
sub-section (1) of section 61 the Development Authority shall examine the scheme
in the light of the objections that may be received, giving a reasonable
opportunity of being heard to all such interested persons who have filed
objections and who have made requests for being so heard in the manner
prescribed and make such amendments in the scheme as may be considered proper
and shall, as soon as may be, but not later than the time prescribed by the
rules, prepare the scheme with or without modifications and submit it to the
State Government together with a copy of the objections received by it and its
decisions thereon.
70. Public notice of the scheme.—(1) Simultaneously
with the submission of the scheme to the State Government, the Development
Authority shall publish notice in the Official Gazette and in a local
newspaper of the scheme and the place or places where copies of the scheme may
be inspected.
(2) The public notice under sub-section (1) shall specify a date (which
shall not be earlier than one month after the date of the publication of the
notice) on which the scheme shall take effect and come into force:
Provided that the State Government may, from time to time, by
notification, postpone such date, by such period not exceeding three months at a
time as it thinks fit.
(3) The publication of the notice under sub-section (1) shall be—
(a) conclusive evidence that the scheme has been duly prepared
and adopted; and
(b) notwithstanding anything contained in the Land Acquisition
Act, 1894 (1 of 1894), deemed to be a declaration duly made under section 6 of
the said Act.
71. Withdrawal of scheme by the Development
Authority.—(1) If at any time before the publication of the notice of the
scheme under section 70, a representation is made to the Development Authority
in this behalf by a majority of the owners in the area that the scheme should be
withdrawn, the Development Authority shall invite from all persons interested in
the scheme objections to such representation.
(2) After receiving the objections, if any, and after making such inquiry
as it may think fit, the Development Authority may, by notification, withdraw
the scheme or any part thereof and upon such withdrawal, no further proceedings
shall be taken in regard to such scheme or such part.
(3) Simultaneously with such withdrawal, the Development Authority shall
submit to the State Government .the copy of the notice withdrawing the scheme
and a report of its enquiry made in this behalf.
(4) At any time before the publication of notice of the scheme under
section 70, the State Government, if it is satisfied that it is in the public
interest, may direct the concerned Authority to withdraw the scheme or part
thereof. Thereupon the said Development Authority shall withdraw the scheme or
such part by a notification. Upon such withdrawal no further proceedings shall
be taken in regard to such scheme or such part thereof.
72. Effect of scheme.—On and after the day on which
a scheme comes into force—
(a) all lands required by a Development Authority shall,
unless it is otherwise determined in such scheme, vest absolutely in the said
Authority free from all encumbrances;
(b) all rights in the existing plots which have been
reconstituted shall determine, and the reconstituted plots shall become subject
to the rights settled by the Development Authority;
(c) the said Authority shall hand over possession of the
reconstituted plots to the owners to whom these are allotted in the
scheme.
73. Determination of certain matters by the
Development Authority.—(1) As soon as may be after publication of the notice
of the scheme in the Official Gazette under sub-section (1) of section
70, but not later than the time prescribed by rules, the Development Authority
shall, in accordance with the procedure that may be prescribed, proceed to—
(a) define, demarcate and decide the areas allotted to, or
reserved, for the public purpose or purposes of the said Authority, and also the
reconstituted plots;
(b) decide the person or persons to whom a reconstituted plot
is to be allotted; when such plot is to be allotted; and when such plot is not
to be allotted to persons in ownership in common, decide the shares of such
persons;
(c) estimate the value of and fix the difference between the
values of the existing plots and the values of the reconstituted plots included
in the scheme, in accordance with the provisions contained in clause (f) of
sub-section (1) of section 87;
(d) estimate the compensation payable for the loss of the area
of the existing plot in accordance with the provisions contained in clause (f)
of sub-section (1) of section 87 in respect of any existing plot which is wholly
acquired under the scheme;
(e) determine whether the areas allotted or reserved for the
public purpose or purposes of the Development Authority are beneficial wholly or
partly to the owners or residents within the area of the scheme;
(f) estimate the proportion of the sums payable as
compensation on each plot used, allotted, or reserved for public purpose or for
the purposes of the Authority which is beneficial partly to the owners or
residents within the area of the scheme and partly to the general public, which
shall be included in the costs of the scheme;
(g) determine the proportion of contribution to be levied on
each plot used, allotted or reserved for purposes of the Development Authority
which is beneficial partly, to the owners or residents within the area of the
scheme and partly to the general public;
(h) determine the amount of exemption, if any, from the
payment of the contribution, that may be granted in respect of plots or portions
thereof exclusively used or occupied for religious or charitable purposes on the
date of publication of the notice of the scheme under section 70;
(i) estimate the value of reconstituted plots included in the
scheme and the increment to accrue in respect of such plots in accordance with
the provisions of section 88;
(j) calculate the proportion in which the increment in respect
of the reconstituted plots included in the scheme shall be liable to
contribution to the cost of the scheme in accordance with the provisions
contained in section 89;
(k) calculate the contribution to be levied on each
reconstituted plot included in the scheme;
(l) determine the amount to be deducted from or added to, as
the case may be, the contribution leviable from a person in accordance with the
provisions contained in section 90;
(m) provided for the total or partial transfer of any right in
an existing plot to a reconstituted plot or provide for the extinction of any
right in an existing plot in accordance with the provisions contained in section
91;
(n) where a plot is subject to a mortgage with possession or a
lease, decide the proportion of compensation payable to or contribution payable
by the mortgagee or lessee on one hand and the mortgagor or lessor on the
other;
(o) estimate, with reference to claims made before it, after
the notice given by it in the prescribed manner, the amount to be paid to the
owner of any property or right injuriously affected by the making of a scheme in
accordance with the provisions contained in section 92;
(p) determine the period in which the works provided in the
scheme shall be completed by the Development Authority :
Provided that the Development Authority may make variations
from the scheme subject to the condition that any variation estimated by it to
involve an increase of ten per cent in the total cost of the scheme or rupees
one lakh, whichever is lower, shall require the sanction of the State Government
:
Provided further that no substantial variation shall be made
without the consent of the State Government and without hearing any objections
which may be raised by the owners concerned.
(2) The State Government may, if
it thinks fit, whether the period prescribed by rules for deciding all the
matters stated in sub-section (1) has expired or not, extend from time to time
by notification in the Official Gazette, the period for deciding the
matter referred to.
74. Appeal.—(1)(a) From every decision of the
Development Authority in matters arising out of clauses (a), (b), (c), (n) and
(o) of sub-section (1) of section 73, an appeal shall lie within one month from
the date of the decision, to the authority to be prescribed.
(b) Any person aggrieved by the order of the prescribed
authority under clause (a) may prefer an appeal within sixty days from the date
of the order of the prescribed authority, to the District Judge within the local
limits of whose jurisdiction the area included in the scheme is situated.
(c) The District Judge may hear the appeal or transfer the
appeal filed before him to an Additional District Judge for disposal.
(d) The District Judge or the Additional District Judge, as
the case may be, may after hearing the parties either direct the concerned
Authority to reconsider its proposals or accept, modify, vary or reject the
proposals of such Authority and shall decide all matters arising out of the
different clauses of sub-section (1) of section 73 and referred to in clause (a)
of this sub-section.
(e) The decision of the District Judge or the Additional
District Judge, as the case may be, shall be final and binding on all the
parties and a copy of such decision shall be sent to the concerned
Authority.
(2) (a) Any decision of the Development Authority under clauses
(d) to (m) (both inclusive) and clause (p) of sub-section (1) of section 73
shall be forthwith communicated to the party concerned and any party aggrieved
by such decision may within sixty days from the date of communication of the
decision, appeal to the Tribunal of Appeal, appointed under section 75, for
decision.
(b) The provisions of sections 5,12 and 14 of the Limitation
Act, 1963 (36 of 1963), shall apply to appeals submitted under this
section.
75. Tribunal of appeal.—(1) As soon as may be,
after the Development Authority has decided all the matters referred in
sub-section (1) of section 73, the State Government shall, if necessary, appoint
a Tribunal of Appeal, hereinafter referred to as the Tribunal, to hear and
decide appeals arising out of matters referred to in clause (a) of sub-section
(2) of section 74.
(2) The Tribunal shall consist of a Chairman and two Assessors.
(3) The Chairman shall be an officer of the rank of District Judge or
such Judicial Officer as may be appointed by the State Government.
(4) The Chairman shall appoint fit and proper persons as Assessors who
shall, as fair as possible, have knowledge, or experience of town planning,
valuation of land or civil engineering.
(5) The Chairman and the Assessors shall be appointed members of the
Tribunal for such period as the State Government may, by notification, specify
for deciding appeals preferred against the decision under clauses (d) to (m)
(both inclusive) and clause (p) of sub-section (1) of section 73.
(6) The State Government may, if it thinks fit, remove for incompetence
or misconduct or for any other good and sufficient reasons, any Assessor
appointed under sub-section (4).
(7) If any Assessor is removed or dies or refuses or neglects to act or
becomes incapable of acting, the Chairman shall appoint forthwith a fit and
proper person to take the place of such Assessor.
76. Place where Tribunal may sit.—The Tribunal may
sit either at the headquarters of the Chairman or at any other place within the
local limits of his jurisdiction which he may deem convenient for the
consideration and decision of any matter before such Tribunal.
77. Decision of questions of law and other
questions.—All questions of law and procedure shall be decided by the
Chairman. All other questions shall be decided by the Chairman and the two
Assessors or by a majority.
78. Powers of Tribunal to decide matter
finally.—(1) The Tribunal shall, after hearing, either confirm the proposals
of the Development Authority or direct it, where necessary, to reconsider, vary
or modify its proposals.
(2) Every decision of the Tribunal shall be final and binding on all the
parties including the Development Authority. A copy of the decision of the
Tribunal shall be sent to such Authority.
79. Tribunal not to be Court.—Nothing contained in
this Act shall be deemed to constitute the Tribunal to be a Civil Court.
80. Remuneration of Assessors and payment of incidental
expenses of Tribunal.—(1) The Assessors shall, save where they are salaried
Government Officers, be entitled to such remuneration, either by way of monthly
salary or by way of fees or partly in one way and partly in the other, as the
State Government may, from time to time, decide :
Provided that, in exceptional cases where the scheme is a large one or
the work involved is complicated, the State Government may authorise the
Chairman and the Assessors, even if they are salaried Government Officers, to
receive such special salary or remuneration, as the State Government may, by
order, decide from time to lime.
(2) The salary of the Chairman of the Tribunal or an Assessor who is a
salaried Government Officer, and any remuneration payable under sub-section (1)
of this section and all expenses incidental to the working of the Tribunal
shall, unless the State Government otherwise determines, be defrayed out of the
funds of the Development Authority and shall be added to the cost of scheme.
81. Decision of the Development Authority to be final
in certain matters.—(1) Where no appeal has been preferred under section 74,
the decision of the Development Authority shall be final and binding on the
parties.
(2) Where an appeal has been preferred under section 74 and a copy of the
decision in appeal is received by the concerned Authority, it shall then, where
necessary, make variations in the scheme in accordance with such decision and
may also rectify such errors or omissions, if any, as may have been brought to
its notice after publication of notice of the scheme and shall also forward such
schemes or schemes together with a copy of its decisions and a copy of the
decisions in appeal to the State Government.
82. Power of the Development Authority to evict
summarily.—(1) On and after the day on which a scheme comes into force, any
person continuing to occupy any land which he is not entitled to occupy under
the scheme may, in accordance with the prescribed procedure, be summarily
evicted by the Development Authority or any of its officers authorised in that
behalf.
(2) If the Development Authority is opposed or obstructed in evicting
such persons or taking possession of land from such persons, the Commissioner of
Police, [Kolkata]
or the District Magistrate, within whose jurisdiction the land is situated,
shall, on the application of the Authority, enforce the eviction of such persons
or secure delivery of possession of the land to such Authority.
83. Power to enforce scheme.—(1) On and after the
day on which the notice of a scheme has been published under section 70, the
Development Authority may, after giving the prescribed notice, —
(a) remove, pull down, or alter any building or other work in
the area included in the scheme which contravenes the scheme or in the erection
of which or carrying out of which, any provision of the scheme has not been
complied with;
(b) execute any work which is the duty of any person to
execute under the scheme, in any case where it appears to the concerned
Authority that delay in the execution of the work would prejudice the efficient
operation of the scheme.
(2) Any expenses incurred by the Development
Authority under this section may be recovered from the person in default or from
the owner of the existing plot in the manner provided for the recovery of sums
due to the Authority under the provisions of this Act.
(3) If any action proposed to be taken under sub-section (1) of this
section by the Development Authority is questioned, the matter shall be referred
to the State Government or any officer authorised by the State Government in
this behalf; and the decision of the State Government or of the officer, as the
case may be, shall be final and binding on all persons.
84. Power to vary scheme on ground of error,
irregularity or infirmity.—(1) If after the scheme has come into force the
Development Authority considers that the scheme is defective on account of an
error, irregularity or infirmity or that the scheme needs variation or
modification of a minor nature, the Development Authority shall prepare and
publish by notification a draft of such variation.
(2) The draft variation published under sub-section (1) shall state every
amendment proposed to be made in the scheme, and if any such amendment relates
to a matter specified in any of the clauses of sub-section (2) of section 58,
the draft variation shall also contain such other particulars as may be
prescribed.
(3) The draft variation shall be open to inspection of the public at the
office of the Development Authority during the office hours.
(4) Not later than one month of the date of publication of the draft
variation, any person affected thereby may communicate in writing his objection
to the Development Authority.
(5) After receiving the objections under sub-section (4) the concerned
Authority shall, after making such enquiry as it may think fit, publish the
variation with or without modification by notification.
(6) From the date of the publication of the variation, such variation
shall. take effect as if it were incorporated in the scheme.
85. Power to vary development scheme.—A development
scheme may, at any time, be varied by a subsequent scheme made and published in
accordance with this Act:
Provided that, when a scheme is so varied, the provisions of this Act,
shall, as far as may be, apply to such variation and making of subsequent
scheme; and the date of publication of the varied scheme, shall, for the
purposes of sections 63, 65, 87, 88 and 90 be deemed to be the date of
publication of the scheme referred to in those sections.
86. Apportionment of cost of scheme withdrawn.—In
the event of a development scheme being withdrawn the costs of the scheme shall
be borne by the Development Authority or be paid to such Authority by the owners
concerned, in such proportion as the State Government may in each case
determine.
87. Cost of development scheme.—(1) The cost of a
development scheme shall include—
(a) all sums payable by the Development Authority which are
not specifically excluded from the cost of the scheme;
(b) all sums spent or estimated to be spent by the Development
Authority in the making and in the execution of the scheme, the estimates for
works included in the scheme being made on the date the notice of the scheme is
published under section 70,
(c) all sums payable as compensation for land reserved or
allotted for any public purpose or purposes of the Development Authority which
is solely beneficial to the owners or residents within the area of the
scheme;
(a) such portion of the amount payable for land reserved or
allotted for any public purpose or purposes of the Development Authority which
is beneficial partly to the owners or residents within the area of the scheme
and partly to the general public, as is attributable to the benefit accruing to
the owners or residents within the area of the scheme from such reservation or
allotment;
(e) all legal expenses incurred by the Development Authority
in the making and in the execution of the scheme;
(f) the amount by which the total of the value of the existing
plots exceeds the total of the value of the plots each of such being estimated
at its market value on the date of the publication of the scheme under section
61 with all the buildings and works thereon on that date and without reference
to improvements contemplated in the scheme other than improvements to the
alteration of its boundaries.
(2) If in any case the total of the values of
the plots included in the final scheme exceeds that total of the values of the
existing plots, each of such plots being estimated in the manner provided in
clause (t) of sub-section (1), then the amount of such excess shall be deducted
in arriving at the cost of the schemes as defined in sub-section (1).
88. Calculation of increment.—For the purposes of
this Act, the increment shall be deemed to be the amount by which. on the date
of the publication of the scheme under section 61, the market value of any plot
with reference to the improvements contemplated in the scheme, on the assumption
that the scheme has been completed, would exceed on the same date the market
value of the same plot estimated without reference to such improvement :
Provided that in estimating such value, the value of building or other
works erected or in course of erection on such plot shall not be taken into
consideration.
89. Contribution towards cost of scheme.—(1) The
cost of the scheme shall be met wholly or in part by contribution to be levied
by the Development Authority on each plot included in the scheme calculated in
proportion to the increment which is estimated to accrue in respect of such plot
by the Development Authority :
Provided that —
(a) no such contribution shall exceed the increment estimated
by the Development Authority to accrue in respect of each plot;
(b) where a plot is subject to mortgage with possession or to
a lease, the Development Authority shall determine in what proportion the
mortgagee or lessee on the one hand and the mortgagor or lessor on the other
hand, shall pay such contribution;
(c) no such contribution shall be levied on a plot used,
allotted or reserved, for a public purpose or purposes of the Development
Authority, such plot being solely for the benefit of the owners or residents
within the area of the scheme; the contribution levied on a plot used, allotted
or reserved for a public purpose or purposes of the Development Authority, which
is beneficial partly to the owners or residents within the area of the scheme
and partly to the general public, shall be calculated in the proportion of the
benefit estimated to accrue to the general public from such use, allotment or
reservation.
(2) The owner of each plot included in a scheme shall be
primarily liable for the payment of the contribution leviable in respect of such
plot.
90. Certain amount to be added to or deducted from
contribution leviable from person.—The amount by which the total value of
reconstituted plots included in a scheme with all the buildings and works
thereon allotted to the person falls short of or exceeds the total value of the
existing plots with all the buildings and works thereon of such person shall be
deducted from or added to, as the case may be, the contribution 'leviable from
such person each of such plots being estimated at its market value on the date
of publication of the scheme under section 61 and without reference to
improvements contemplated in the scheme other than improvement due to the
alteration of its boundaries.
91. Transfer of rights from existing to reconstituted
plot or extinction of such rights.—Any right in an existing plot which, in
the opinion of the Development Authority, is capable of being transferred wholly
or in part, without prejudice to the making of a development scheme to a
reconstituted plot shall be so transferred and any right in an existing plot
which, in the opinion of the Development Authority is not capable of being so
transferred shall be extinguished :
Provided that an agricultural lease shall not be transferred from an
existing plot to a reconstituted plot without the consent of all the parties to
such lease.
92. Damage in respect of property or right injuriously
affected by scheme.—The owner of any property or right which is injuriously
affected by the making of a development scheme shall, subject to provisions of
section 91, if he makes a claim before the Development Authority within sixty
days of the receipt of the notice from such Development Authority, be entitled
to obtain an amount in respect thereof from the said Authority or from any
person benefited or partly from such Authority and partly from such person as
the said Authority may in each case determine.
93. Exclusion or limitation of damage in certain
cases.—(1) No amount shall be payable in respect of any property of private
right of any sort which is alleged to be injuriously affected by reason of any
provisions contained in the development scheme, if under any other law for the
time being in force applicable to the area for which such scheme is made, no
amount is payable for such injurious affection.
(2) Property or a private right of any sort shall not be deemed to be
injuriously affected by reason of any provision contained in a development
scheme, which with a view to securing the amenity of the area included in such
scheme or any part thereof, imposes any conditions and restrictions in regard to
any of the matters specified in clause (b) of section 59.
94. Provision for cases in which amount payable to
owner exceeds amount due from him.—If the owner of a plot attracted by a
scheme is not provided with another plot in the scheme or if the contribution to
be levied from him under section 90 is less than the total amount to be deducted
therefrom under any of the provisions of this Act, the net amount of his loss
shall be payable to him by the Development Authority in cash or in such other
way as may be agreed upon by the parties.
95. Provision for cases in which value of development
plots is less than the amount payable by owner.—(1) If for any cause the
total amount which would be due to the Development Authority from the owner of a
plot to be included in the scheme exceeds the value of such plot estimated on
the assumption that the scheme has been completed, the said Authority shall
direct that owner of such plot to make payment of such excess amount to it.
(2) If such owner fails to make such payment within the prescribed
period, the said Authority shall acquire the plot of such defaulter by paying
the value of such plot estimated at its market value on the date of publication
of the scheme under section 61 and without reference to improvements
contemplated in the scheme, and apportion the compensation among the owner and
other persons interested in the plot, and thereupon the plot included in the
scheme shall vest absolutely in the said Authority free from all encumbrances,
but subject to the provisions of this Act :
Provided that the payment made by such Authority on account of the value
of the existing plot shall not be included in the costs of the scheme.
96. Payment by adjustment of account.—(1) All
payments due to be made to any person by a Development Authority shall, as far
as possible, be made by an adjustment in such person's account with such
Authority in respect of the reconstituted plot concerned or of any other plot in
which he has an interest and failing such adjustment, he shall be paid in cash
or in such other way as may be agreed upon by the parties.
97 Payment of net amount due to Planning Authority or
Development Authority.—(1) The net amount payable under the provisions of
this Act by the owner of a plot included in a scheme may at the option of the
contributor be paid at a time or in annual instalments not exceeding ten. If the
owner elects to pay the amount by instalments, interest at six percent per
annum shall be charged on the net amount payable. If the owner of a plot
fails to elect the option on or before the date specified in a notice issued to
him in that behalf by the Development Authority, he shall be deemed to have
elected the option of paying contribution by instalments and the interest in the
contribution shall be calculated from the date specified in the notice, being
the date before which he was required to make an election as aforesaid :
Provided that, where an owner elects to pay the amount at a time but
fails to do so interest at six percent, per annum shall be payable by him
to the said Authority, from the date specified in the notice to the date of
payment.
(2) Where two or more plots included in a scheme belong to the same
owner, the net amount payable by such owner under the provisions of this Act
shall be distributed over his several reconstituted plots in proportion to the
increment which is estimated to accrue in respect of each constituted plot
unless the owner and the said Authority agree to a different method of
distribution.
98. Power of Development Authority to make
agreement.—(1) A Development Authority shall competent to make any agreement
with any person in respect of any matter which is to be provided for in the
development scheme subject to the power of the State Government to modify or
disallow such agreement and unless it is otherwise expressly provided therein,
such agreement shall take effect on and after the day on which the development
scheme comes into force.
(2) Such an agreement shall not in any way affect the determination of he
matters as standing in section 73 or the rights of third parties, but it shall
be binding on the parties to the agreement :
Provided that if any agreement contains any provisions which are
Inconsistent with the scheme as published by the Development Authority under
section 61, such an agreement shall be void
Provided further that, if the agreement is modified by the State
'government, either party shall have the option of avoiding it if it so elects.
99. Recovery of arrears.—Any sum due to a
Development Authority under he provision of this Act or any rule or any
regulation made thereunder shall be a first charge on the plot on which it is
due, subject to the prior payment of the land revenue, if any, due to the State
Government thereon and if it is not paid on demand on the day on which it
becomes due or on the day fixed by the said Authority, it shall be recoverable
by such Authority as arrears of land revenue.
100. Disposal of surplus amount.— Where after
completing and meeting all the costs of a scheme as provided in this Act, any
amount from the sums paid to the Development Authority remains as surplus, such
Authority shall, in consultation with the owners of the plots, spend the same
amount for providing further amenities within the area of the scheme.
101. Execution of works in the scheme by the
Development Authority.—(1) The Development Authority shall complete all the
works provided in a scheme within the period prescribed :
Provided that, in exceptional circumstances on application by the said
Authority, the State Government may, by order in writing specifying these
circumstances, grant to such Authority further extension of time as it may think
fit.
(2) If the Development Authority fails to complete the work within the
prescribed period or within the period extended under the proviso to sub-section
(1), the State Government may appoint any of its officers to complete such works
at the cost of the said Authority.
Chapter IX
Levy, Assessment and Recovery of Development Charge
102. Levy of development charge.—[(1)
In accordance with the provisions of this Act, and the rules made thereunder and
with the previous sanction of the State Government, every Planning Authority or
Development Authority shall, by notification, levy a charge (hereinafter called
the development charge) on the carrying out of any development or change of use
of land, for which permission is required under Chapter VII, in the whole or any
part of the Planning Area, at rates not exceeding those notified under section
103 :
Provided that the rates may be different for different parts of the
Planning Area.
Explanation.—For the purposes of this sub-section, 'development'
shall, in addition to those mentioned in clause (7) of section 2, also include
the institution of use of any land specified in clause (a) of section
103.]
(2) The charge shall be leviable on any person who undertakes or carries
o it such development or changes any such use.
(3) Notwithstanding anything contained in sub-sections (1) and (2) no
development charge shall be levied on development, or change of use, of any id
vested in or under the control or possession of the Central Government, a State
Government or any local authority.
(4) The State Government may, by rules, provide for the exemption from
the, levy of development charge of any development or change of any use of any
land specified in the rules.
[103.
Rates of development charges.—The State Government shall, by notification,
fix up the rates of development charge for the following :—
(a) for the institution of use
(i) for residence,
(ii) for industry,
(iii) for commerce,
(b) for change of use
(i) from agriculture to residence,
(ii) from agriculture to industry,
(iii) from agriculture to commerce,
(iv) from residence to industry,
(v) from residence to commerce,
(vi) from industry to residence,
(vii) from industry to commerce; and
(c) for carrying out any other development under this
Act.]
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(a) where permission under Chapter VII has not been granted
for carrying out the said development, the Planning Authority or the Development
Authority may postpone the assessment of the development charge;
(b) where the application relates to the carrying out of any
development, the said Authority may refuse to assess the development charge
payable in respect thereof unless it is satisfied that the applicant has an
interest in the land sufficient to enable him to carry out such development, or
that the applicant is able to obtain such interest and that the applicant will
carry out the development within such period as the said Authority considers
appropriate;
(c) where the application relates to the change of any use,
the said Authority may refuse to assess the amount of development charge in
respect thereof unless it is satisfied that the change of use will be effected
within such period as the said Authority considers appropriate;
(d) the Planning Authority or the Development Authority shall
deliver or serve a copy of each order on the applicant or the person concerned;
and
(e) such order or assessment, subject to the provisions of
section 105 shall be final and shall not be questioned in any Court.
105. Appeals against assessment.—(1) Any person liable for
such development charge dissatisfied with the order of assessment may within
thirty days from the date of the order appeal to the State Government.
(2) On an appeal made under sub-section (1), an officer of the State
Government appointed in this behalf shall, after giving a reasonable opportunity
of hearing to such person and the Planning Authority or Development Authority
concerned, pass such order as he deems fit.
106. Development charge to be charged on land and to
be recoverable as arrears of land revenue.—(1) If any development of land is
commenced or carried out or any use is changed without payment of the amount of
the development charge, such development charge shall, subject to prior payment
of the land revenue, if any, be a first charge upon the land involved and also
in any other land in which such person has any interest.
(2) The development charge shall be recoverable as arrears of land
revenue.
[106A.
Levy of civic amenity charge. - (1) Notwithstanding anything contained in
the foregoing provisions of this chapter, every Planning Authority or
Development Authority may, in accordance with the provisions of this Act and the
rules made thereunder and with the previous sanction of the State government, by
notification, levy a charge (hereinafter called the civic amenity charge) for
extending such civic amenity to the whole or any part of the Planning Area and
at such rate as may be prescribed.
(2) The civic amenity charge shall be recoverable as arrears of land
revenue.
Explanation. - For the purposes of this section, "civic amenity"
shall have the same meaning as in the West Bengal Government Townships
(Extension of Civic Amenities) Act, 1975 (West Bengal Act. XLII of
1975).]
[106B.
Levy, assessment and recovery of betterment fee. - (1) When by making of any
improvement scheme, any land in the area betterment fee comprised in the scheme
within ward No. 1 (one) to ward No. 100 (hundred) as mentioned in Schedule I to
the Kolkata Municipal Corporation Act, 1980, which is not required for the
execution thereof, will, in the opinion of the Development Authority, be
increased in value, the Development Authority, in framing the scheme, may, in
lieu of providing for the acquisition of such land, declare that a betterment
fee shall be payable by the owner of the land or any person having an interest
therein in respect of such increase in value of the land resulting from the
execution of the scheme.
(2) Such betterment fee shall be an amount equal to one-half of the
increase in value of the land resulting from the execution of the scheme, and
shall be calculated upon the amount by which the value of the land on the
completion of the execution of the scheme estimated as if the land were clear of
the buildings exceeds the value of the land prior to the execution of the scheme
estimated in like manner.
(3) (a) When it appears to the Development Authority that an improvement
scheme is sufficiently advanced to enable the amount of the betterment fee to be
determined, the Development Authority shall, by a resolution passed in this
behalf, declare that for the purpose of determining such fee the execution of
the scheme shall be deemed to have been completed and shall thereupon give
notice in writing to every person whose name appears in the municipal
assessment-book as being preliminary liable to pay the owner’s share of the
consolidated rate, or the rate on the annual value of holdings, as the case may
be in respect of any land which the Development Authority propose to recover a
betterment fee on whom a notice in respect of the land to be assessed has been
served.
(b) The Development Authority shall then assess the amount of
betterment fee payable by each person concerned after giving such person an
opportunity to be heard and such person shall, within three months from the date
of receipt of notice in writing of such assessment from the Development
Authority, inform the Development Authority by a declaration in writing whether
he or she accepts or dissents from the assessment.
(c) When the assessment proposed by the Development Authority
is accepted by the person concerned within the period specified in sub-clause
(b), such assessment shall be final.
(d) If the person concerned dissents from the assessment made
by the Development Authority or fails to give the Development Authority the
information required by sub-clause (b) within the period specified therein, the
matter shall be determined by the Development Authority:
Explanation. - For the purpose of this section, the
expression "improvement scheme" means an improvement scheme which may be of one
of the following types or a combination of any two or more of such types or any
of the special features thereof, that is to say,-
(a) a general improvement scheme,
(b) a street scheme,
(c) a housing accommodation scheme,
Chapter X
Finance, Accounts and Audit
107. Fund of
the Planning Authority or Development Authority.—(1) very Planning Authority
or Development Authority (other than the [Kolkata]
Metropolitan Development Authority) shall have and maintain its own fund to
which shall be credited—
(a) all moneys received by the said Authority from the State
Government by way of grants, loans, advances or otherwise;
(b) all development charges or other charges or fees received
by the said Authority under this Act or rules or regulations made thereunder;
and
(c) all moneys received by the said Authority from any other
source.
(2) Every such Authority may keep in current account in any branch of
the State Bank of India, or any other Bank approved by the State Government in
this behalf, such portion of its fund as may be prescribed and any money in
excess of the said sum shall be invested in such manner as may be approved b the
State Government.
108. Fund of the [Kolkata]
Metropolitan Development Authority.—(1) There shall be a fund for the [Kolkata]
Metropolitan Development Authority to rich shall be credited—
(a) such moneys as may be paid to it by the State Government
under the Taxes on Entry of Goods into [Kolkata]
Metropolitan Area Act, 1972 (West Bengal Act No. 5 of 1972);
(b) all moneys borrowed by it;
(c) such other moneys as may be received by it from the State
Government or from any other authority or source.
(2) The [Kolkata]
Metropolitan Development Authority shall maintain a sinking fund id for the
repayment of money borrowed by it, and shall every year deposit in D the said
fund such moneys as may be paid to it by the State Government under the Taxes on
Entry of Goods into [Kolkata]
Metropolitan Area Act, 1972.
(3) The money paid into the sinking fund shall be invested in such manner
and in such Securities as may be prescribed.
(4) The sinking fund or any part thereof shall be applied in, or towards,
the discharge of the loan or part thereof for which such fund was created, and
until such loan or part thereof is wholly discharged, the money standing to the
credit of the fund shall be applied for no other purpose.
109. Grants and advances by State Government.—The
State Government may make such grants, advances and loans to any Planning
Authority or Development Authority (including the [Kolkata]
Metropolitan Development Authority) as it may deem necessary for the performance
of the functions under this Act and all such grants, loans and advances made
shall be on such terms and conditions as the State Government may determine.
110. Budget of the Planning Authority or Development
Authority.—Every Planning Authority or Development Authority shall prepare
every year, in such form and within such time as may be approved by the State
Government, a budget in respect of the next financial year, showing the
estimated receipts and expenditure of such AUthority.
111. Accounts and Audit.—(1) Every Planning
Authority or Development Authority shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts including the
balance sheet in such form as may be approved by the State Government.
(2) The audit of the accounts of the Planning Authority or Development
Authority shall be made by such person as may be appointed by the State
Government.
(3) The audit shall be made in such manner as may be prescribed.
(4) The auditor shall submit his report to the concerned Authority and
shall forward a copy thereof to the State Government.
112. Annual reports.—As soon as may be after the
close of a year, the Planning Authority or the Development Authority shall
prepare a report of its activities during the preceding year and submit it to
the State Government in such form and on or before such date as may be
prescribed.
113. Constitution of provident fund.—(1) Every
Planning Authority or Development Authority shall constitute, for the benefit of
its whole-time paid members, officers and other employees, in such manner and
subject to such conditions as may be prescribed, such provident funds as it may
deem fit.
(2) Where any such provident fund has been constituted, the State
Government may declare that the provisions of the Provident Funds Act, 1925 (19
of 1925), shall apply to such fund as if it were a Government Provident Fund.
114. Power of the Planning Authority, Development
Authority and the [Kolkata]
Metropolitan Development Authority to borrow money.—An Authority constituted
or deemed to have been constituted under this Act, may, from time to time,
borrow at such rate of interest and for such period and upon such terms, as the
State Government may approve, any sum of money required for carrying out the
purposes of this Act or servicing any loan obtained by it.
Chapter XI
Supplemental and Miscellaneous Provisions
115. Power of entry.—(1) Any officer of the Planning
Authority or the Development Authority authorised in this behalf may enter into
or upon any land or building with or without assistance or workmen for the
purpose of—
(a) making any enquiry, inspection, measurement or survey or
taking levels of such land or building;
(b) setting out boundaries and intended lines of works;
(c) specifying such levels, boundaries and lines by placing
marks and cutting trenches;
(d) examining works under construction and ascertaining the
course of sewers and drains;
(e) digging or boring into the sub-soil;
(f) ascertaining whether any land is being or has been
developed in contravention of any provision of this Act or rules or regulations
made thereunder, and
(g) doing any other thing necessary for the efficient
administration of this Act :
Provided that—
(i) in the case of any building used as a dwelling house, or
upon any enclosed part or garden attached to such a building, no such entry
shall be made without giving the occupier at least twenty-four hours' notice in
writing of the intention to enter, unless such occupier agrees;
(ii) sufficient opportunity shall be given to enable women (if
any) to withdraw from such land or building;
(iii) due regard shall always be had, so far as may be
compatible with the exigencies of the purpose for entry, to the social and
religious usages of the occupants of the land or building.
(2) The power of
the officer under sub-section (1) shall extend only to the Planning Area of the
concerned Authority and such other area which the State Government may have
directed to be included in the development plan.
(3) Any person who obstructs the entry of a person empowered or
authorised under this section to enter into or upon any land or building or
molests such person after such entry shall be punishable with imprisonment for a
term which may extend to six months or with fine which may extend to one
thousand rupees, or with both.
116. Service of notices.—All documents including
bills, notices and orders required by this Act or any rule or regulation made
thereunder to be served upon or issued or presented to any person shall, save as
otherwise provided in this Act or rule or regulation, be effected —
(a) by giving or tendering the said document to such person;
or
(b) if such person is not found, by leaving such document at
his last known place of abode or by giving or tendering the same to some adult
member or servant of his family; or
(c) if his address elsewhere is known, by forwarding such
document to him by registered post under a cover bearing the same address;
or
(d) if none of the means as aforesaid is available, by causing
a copy of such document to be affixed on some conspicuous part of the land or
building, if any, to which the document relates.
117.
Public notice how to be made known.—Every public notice given under this Act
or rules or regulations made thereunder shall be in writing over the signature
of such officer who may be authorised in this behalf by any Planning Authority
or Development Authority and shall be widely made known in the locality to be
affected thereby, by affixing copies thereof in conspicuous public places within
the said locality, or by proclaiming the same by beat of drum or by
advertisement in a local newspaper and by such other means which the concerned
authority thinks fit.
118. Notices, etc., to fix reasonable time.—Where
any notice, order or other document issued or made under this Act or any rule or
regulation made thereunder, requires anything to be done for the doing of which
no time is fixed, the notice, order or other document shall specify a reasonable
time for doing the same.
119. Authentication of orders and documents of the
Planning or Development Authority.—All permissions, orders, decisions,
notices and other documents of the Planning Authority or the Development
Authority shall be authenticated, by the signature of the Secretary of the
concerned authority or such other officer as may be authorised by the Planning
Authority or the Development Authority in this behalf.
120. Mode of proof of records of the Planning
Authority or Development Authority.—A copy of any receipt, application,
plan. notice, order, entry in a register, or other document in the possession of
any Planning Authority or Development Authority, if duly authenticated by the
person authorised by the concerned Authority, shall be received and admitted as
evidence of the matters and transactions therein recorded to the same extent, as
the original entry or document would, if produced, have been admissible to prove
such matters.
121. Restriction on the summoning of officers and
employees of the Planning Authority or Development Authority.—No officer or
employee of any Planning Authority or Development Authority shall, in any legal
proceedings to which such Authority is not a party, be required to produce any
register or document the contents of which can be proved under the preceding
section by a certified copy, or to appear as witness to prove the matters and
transactions recorded therein, unless by order of the Court made for special
cause.
122. Offences by companies.—(1) If the person
committing an offence under this Act is 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 its business 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 its commission.
(2) Notwithstanding anything contained in sub-section (1) where an
offence 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 director, manager, secretary or other officer
of the company, such director, manager, secretary or other officers shall be
liable to be proceeded against and punished accordingly.
Explanation.—For the purpose 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.
123. Penalty for obstruction or removing
mark.—If any person—
(a) obstructs, or molests any person engaged or employed by
any Planning Authority or Development Authority, or any person with whom any
such Authority has entered into a contract, in the performance or execution by
such person of his duty or of anything which he is empowered or required to do
under this Act, or
(b) removes any mark set up for the purpose of indicating any
level or direction necessary to the execution of work authorised under this Act,
he shall be punishable with fine which may extend to two hundred rupees or with
imprisonment for a term which may extend to two months.
124. Sanction of prosecution.—No prosecution for any offence
punishable under this Act shall be instituted except with the previous sanction
of the Planning Authority or the Development Authority concerned or any Officer
authorised by such authority in this behalf.
125. Composition of offences.—(1) The Planning
Authority or the Development Authority concerned or any person authorised in
this behalf nay, either before or after the institution of the proceedings,
compound any offence made punishable by or under this Act.
(2) The composition of an offence under sub-section (1) shall have the
effect of an order of acquittal.
126. Right to appear by recognised agent.—Every
party to any proceeding before the Tribunal constituted under this Act, shall be
entitled to appear either in person or by his agent authorised in writing in
that behalf.
127. Power to compel attendance of witness,
etc.—For the purpose of this Act, any Authority or an officer appointed
under the provisions of this Act to discharge the function of the Authority or
the Tribunal may summon and enforce the attendance of witnesses including the
parties interested or any of them and compel them to give evidence and compel
the production of documents by the same means and as far as possible in the same
manner as is provided in the case of Civil Court by the Code of Civil Procedure,
1908 (5 of 1908).
128. Jurisdiction of courts.—No court inferior to
that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try an offence punishable under this Act.
129. Fine when realised to be paid to Planning
Authority or Development Authority.—All fines realised in connection with
prosecution under this Act shall be paid to the Planning Authority or the
Development Authority concerned.
130. Members, officers and employees to be public
servants.—Every member and every officer or other employee of a Planning
Authority or Development Authority shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code (45 of 1860).
131. Protection of action taken in good faith.—No
suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this Act or
any rule or regulation made thereunder.
132. Finality of orders.—Save as otherwise
expressly provided in this Act, every order passed or direction issued by the
State Government or order passed or notice issued by any Planning Authority or
Development Authority shall be final and shall not be questioned in any suit or
other legal proceeding.
133. Validation of acts and proceedings.—(1) No
act done or proceeding taken under this Act shall be questioned on the ground
merely of
(a) the existence of any vacancy, initial or subsequent, in or
any defect in the constitution of any Planning Authority or Development
Authority;
(b) any person having ceased to be a member;
(c) the failure to serve a notice on any person, where no
substantial injustice has resulted from such failure; or
(d) any omission, defect or irregularity not affecting the
merits of the case.
(2) Every meeting of any Planning Authority or
Development Authority shall be presumed to have been duly convened and to be
free from all defects and irregularities.
134. Power to delegate.—Any Planning Authority or
Development Authority may, by resolution, direct that any power exercisable by
it under this Act or rules or regulations made thereunder [(except
the powers to make regulations)] may also be exercised by any local
authority or any officer of the State Government with previous consent of the
State Government, or any officer of the Planning Authority, Development
Authority or local authority as may be mentioned therein, in such cases and
subject to such conditions, if any, as may be specified therein.
135. Control by the State Government.—(1) Every
Planning Authority or Development Authority shall carry out such directions as
may be issued from time to time by the State Government for the efficient
administration of this Act.
(2) If in, or in connection with, the exercise of its powers and
discharge of its functions by any Planning Authority or Development Authority,
any dispute arises between the Planning Authority, Development Authority, the
local authority and the State Government, the decision of the State Government
on such dispute shall be final.
[(3)(a) The
State Government may, for better co-ordination and speedier execution of
development work and maintenance thereof, by an order published in the
Official Gazette and mentioning therein the reason for the order,
supersede any order, notification, memorandum, circular etc. of the Development
Authority as may be specified in the order, notification, memorandum or
circular, as the case may be,
136. Returns
and information.—Every Planning Authority or Development Authority shall
furnish to the State Government such reports, returns and other information as
the Government may from time to time require.
137. Overriding effect.—(1) The provisions of this
Act and the rules and regulations made thereunder shall have effect
notwithstanding anything inconsistent therewith contained in any other law.
(2) Notwithstanding anything contained in any other law—
(a) when permission for development in respect any land has
been obtained under this Act, such development shall not be deemed to be
unlawfully undertaken or carried out by reason only of the fact that permission,
approval or sanction required under any other law for such development has not
been obtained; this shall not, however, be construed as exemption to the
application for permission and of payments of such fees and charges as required
by such other law,
(b) when permission for such development has not been obtained
under this Act, such development shall not be deemed to be lawfully undertaken
or carried out by reason only of the fact that permission, approval or sanction
required under such other law for such development has been obtained.
(3)
Notwithstanding the provisions of sub-sections (1) and (2), the provisions of
the West Bengal Slum Areas (Improvement and Clearance) Act, 1972 (West Bengal
Act No. 10 of 1972), if in conflict with the provision of this Act, shall
prevail.
138. Power to make rules.—(1) The State Government
may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following matters,
namely :—
(a) the functions and powers of the Planning Authority and
Development Authority;
(b) the term of office and conditions of service of the
members of the Planning Authority and Development Authority;
(c) the qualifications and disqualifications for being chosen
as, and for being, members of the Planning and Development Authorities;
(d) the matters in which and the purpose for which any
Planning or Development Authority may associate with itself any person under the
provisions of this Act;
(e) the control and restriction in relation to the appointment
of officers and other employees of Planning and Development Authorities;
(f) the form and content of the [Land
Use and Development Control Plan] [
xxx ] and the Development Scheme and the procedure to be followed in
connection with the preparation, submission and approval of such plans, schemes
and the form and the manner of publication of the notice relating to such plan
and scheme;
(g) the periodical amendment of [Land Use and
Development Control Plans,] the period on the expiration of which
such an amendment may be taken up, procedure to be followed in making such
amendment;
(h) the form in which any application for permission for
development shall be made, the particulars to be furnished in such application
and documents and plans which shall accompany such application;
(i) the form of registration of application and the
particulars to be contained in such register;
(j) the manner of filing, and the fees to be paid for and the
procedure to be followed in, appeals;
(k) the manner in which an acquisition notice is to be served,
and claim for compensation is to be made, the time within which such claim is to
be made and the procedure to be followed for assessment of compensation;
(l) procedure for the levy of development charges and
exemption from it on any development or change of any use of any land;
(m) the manner, in which application for the assessment of
development charge is to be made;
(n) the sum of money that may be kept in current account;
(o) the form of the budget of Planning and Development
Authorities, the date on or before which it shall be prepared, the manner of
preparing it and the number of copies that have to be sent to the State
Government;
(p) the form of the annual statement of accounts and balance
sheet;
(q) the form of the annual report of the Planning and
Development Authorities and date on or before which it shall be submitted to the
State Government;
(r) the manner and the constitution of provident funds for the
whole time paid members and officers and other employees of Planning and
Development Authorities and the conditions subject to which such funds may be
constituted;
(s) the documents of which copies may be granted and the fees
for such copies; and
(t) any other matter which has to be or may be prescribed by
rules.
139. Power to make regulations.—Any Planning
Authority or Development Authority may, with the previous approval of the State
Government, made regulations consistent with this Act and the rules made
thereunder, to carry out the purposes of this Act and without prejudice to the
generality of this power such regulations may provide for,—
(a) the time and place of holding and procedure to be followed
in meetings of the Planning Authority, Development Authority and Advisory
Committee, and the number of members necessary to form a quorum therein;
(b) the powers and duties of the officers and employees of the
Planning Authority and Development Authority;
(c) the salaries, allowances and conditions of service of its
officer and employees;
(d) the terms and conditions for the continuance of use of any
land used otherwise than in conformity with a development plan; and
(e) any other matter which has to be or may be prescribed by
rules.
140. Laying of rules before State
Legislature.—All rules made under this Act shall be laid for not less than
thirty days, before the State Legislature, as soon as may be, after they are
made and shall be subject to such modifications as the Legislature may make
during the session in which they are so laid or the session immediately
following.
141. Dissolution of Planning and Development
Authority.—(1) Where the State Government is satisfied that the purposes for
which any Planning Authority or Development Authority was established under this
Act have been substantially achieved so as to render the continued existence of
such authority unnecessary, it may, by notification, declare that the authority
in question shall be dissolved with effect from such date as may be specified in
the notification, and the concerned authority shall stand dissolved accordingly.
(2) With effect from the date specified in sub-section (1)
(a) all properties, funds and dues which are vested in, or
realisable by, the Planning or the Development Authority shall vest in or be
realisable by the State Government;
(b) all liabilities which are enforceable against the
concerned authority shall be enforceable against the State Government; and
(c) for the purpose of realising properties, funds and dues
referred to in clause (a), the functions of the Planning or Development
Authority shall be discharged by the State Government.
142. Repeal and savings.—(1) The [Kolkata]
Metropolitan Development Authority Act, 1972 (West Bengal Act No. 11 of 1972),
and the [Kolkata]
Metropolitan Planning Area (Use and Development of Land) Control Act, 1965 (West
Bengal Act No. 14 of 1965), shall stand repealed with effect from the date on
which the [Kolkata]
Metropolitan Planning Area as referred to in section 16 of this Act is declared
to be a Planning Area under sub-section (1) of section 9 of this Act.
(2) The Durgapur (Development and Control of Building Operations) Act,
1958 (West Bengal Act No. 27 of 1958) shall stand repealed with effect from the
date on which the Durgapur area as defined in that Act is declared to be a
Planning Area under sub-section (1) of section 9 of this Act.
[(2A) The
Kolkata Improvement Act, 1911 and the Kolkata Metropolitan Water and Sanitation
Authority Act, 1966, shall stand repealed with effect from the date on which the
State Government may, by notification in the Official Gazette,
appoint.]
(3) Notwithstanding repeal of the Acts [referred
to in sub-sections (1), (2) and (2A)], anything done or any action
taken under the provisions of the said Acts or rules or regulations made
thereunder, shall be deemed to have been done or taken under the provisions of
this Act; and all such rules or regulations shall, if not inconsistent with the
provisions of this Act, continue in force till rules or regulations are made
under this Act.
[(4)
Notwithstanding anything contained in this Act, any proceeding pending in any
Tribunal constituted under the Kolkata Improvement Act, 1911, may be continued
as if the Kolkata Improvement Act, 1911, has not been repealed.
(5) Notwithstanding anything contained in this Act, the on-going scheme
with regard to Fringe Area Water Supply in panchayat areas carried on in
accordance with the provisions of clause (a) of sub-section (1) of section 8 of
the Kolkata Metropolitan Water and Sanitation Authority Act, 1966, may be
continued as if the Kolkata Metropolitan Water and Sanitation Authority Act,
1966, has not been repealed.]
First Schedule
(See section 16)
"[Kolkata]
Metropolitan Planning Area" comprises the areas included within the boundaries
of the [Kolkata]
Metropolitan Area specified below except that it does not comprise any area
included in a cantonment declared as such under section 3 of the Cantonments
Act, 1924 (2 of 1924)
[Kolkata]
Metropolitan Area
The [Kolkata]
Metropolitan Area is the area comprised of land situated on the west and east
banks of the river Hooghly, the respective boundaries of which are as follows,
namely :—
A. West-bank of the river Hooghly
1. Northern boundary - In District Hooghly :
A line starting from the point where a straight line drawn eastward along
the northern boundary of mouza Jatrasudi (J.L. No. 30) meets the eastern
boundary-line of the Hooghly District in the river Hooghly and proceeding
westward along the northern boundaries of mouzas Jatrasudi (J.L. No. 30),
Refaitpur (J.L. No. 29), Banipur (J.L. No. 34), north-western boundary of
mouza Tribeni Baikunthapur (J.L No. 36), and northern boundary of
mouza Amodghata (J.L. No. 40) within P. S. Magra.
2. Western boundary - In District Hooghly :
The aforesaid line then bends southward and runs along the western
boundaries of the said mouza Amodghata (J.L. No. 40) and mouza
Alikhoja (J.L. No. 43) within P. S. Magra.
Thereafter it follows the western boundary of mouza Hosanabad
(J.L. No. 148), north-western of mouza Jhanpa (J.L. No. 150), western of
mouzas Tarabihari (J.L. No. 151), Nandipur (J.L. No. 155), Pancharakhi
(J.L. No. 154), Amarpur (J.L. No. 176), south-western of mouza Mahespur
(J.L. No. 178), and western of mouza Bhushanara (J.L. No. 192) within P.
S. Polba ;
Thereafter the same line follows the western boundaries of mouzas
Khalishani (J.L. No. 1), Belkuli (J.L. No. 2), Bejra (J.L. No. 4), northern and
western of mouza Garzi (J.L. No. 6), western and southern of mouza
Bighati (J.L. No. 14) within P. S. Bhadreswar;
Then the said line follows the western boundary of Baidyabati
Municipality;
It then follows the western boundaries of mouzas Piarapur (J.L.
No. 7), Belumilki (J.L. No. 11), Madpur(J.L. No. 20), Bangihati (J.L. No. 21),
Jagannathpur (J.L. No. 26), Bamunary (J.L. No. 25), and north-western boundary
of mouza Bhadua (J.L. No. 23) within P. S. Serampur;
Then the line follows the north-western boundary of mouza Chakundi
(J.L. No. 94), north-western and western boundaries of mouza Dankuni
(J.L. No. 93), western of mouza Monoharpur (J.L. No. 98), and western and
southern of mouza Mrigala (J.L. No. 102) up to the point where it meets
the northern boundary line of District Howrah within P. S. Chanditala;
In District Howrah :
The same line then follows the northern and western boundary-line of
mouza Baigachhi (J.L. No. 1), western and southern of Jagdishpur (J.L.
No. 2) and western of Chamrail (J.L. No. 5) within P. S. Bally;
Then it runs south-westward along the north-western boundary of
mouza Pakuria (J.L. No. 54), north-western and western of mouzas
Tentulkuli (J.L. No. 53), Kantlia (J.L. No. 50) and Ankurhati (J.L. No. 30) and
eastern, northern and western boundaries of mouza Bipra Naopara (J.L. No.
27) within P. S. Domjur;
Then it runs along the northern boundary of mouza Jangalpur (J.L.
No. 22), and Argari (J.L. No. 27) within P. S. Sankrail;
Then it runs along the northern boundary of mouza Sankharidaha
(J.L. No. 28) and Argari (J.L. No. 27) within P. S. Sankrail;
Thereafter it follows the northern and western boundaries of mouza
Aniara (J.L. No. 28) and western of mouzas Satgharia (J.L. No. 27) and
Belkulia (J.L. No. 31) within P. S. Panchala;
It then follows the northern, western and south-western boundaries of
mouza Raghudebpur (J.L. No. 99), western of mouza Balarampota
(J.L. No. 103) and Deebhaga (J.L. No. 104), north-western of mouza
Chengail (J.L. No. 105), northern and western of mouza Jagatpur (J.L. No.
95), western of mouza Kotalghata (J.L. No. 167), Fuleswar (J.L. No. 108),
Latibpur (J.L. No. 106), and Bahir Gangarampur (J.L. No. 85), within P.S.
Uluberia.
3. Southern boundary - In District Howrah :
The aforesaid line then takes a sharp bend towards the east following the
southern boundaries of the said mouza Bahir Gangarampur (J.L. No. 85)
and-mouza Uluberia (J.L. No. 109) within P.S. Uluberia; and thereafter it
proceeds further eastward in a straight line and meets the eastern boundary line
of Howrah District in the river Hooghly.
4. Eastern boundary - Thereafter the same line proceeds northward
following the eastern boundary-line of District Howrah and Hooghly in the river
Hooghly and meets the starting point of the northern boundary.
B. East-bank of river Hooghly
1. Northern boundary - In District Nadia :
A line starting from the point where a straight line drawn westward along
the northern boundary of mouza Majher Char (J.L. No. 54) meets the
western boundary-line of Nadia District in the river Hooghly and proceeding
eastward along the northern boundaries of mouzas Majher Char (J.L. No.
54), Gustia (J.L. No. 61), Jadabhati (J.L. No. 65), Chak Manikkanda (J.L. No.
66), northern and north-eastern of mouza Mathurabati (J.L. No. 68),
northern of mouza Dakshin Bhabanipur (J.L. No.69), northern and
north-eastern of mouza Gopalpur (J. L. No. 75), western, northern and
north-eastern of mouza Raghunathpur (J.L. No. 82), north-western and
northern of mouza Degachhia (J.L. No. 88) within P. S. Chakdaha.
2 Easter. boundary - In District Nadia :
The said line then bends southward and runs along the eastern boundaries
of the said mouza Dogachhia (J.L. No. 88) and mouza Gayespur (J.L.
No. 87), south-eastern boundary of mouza Kanpur (J.L. No. 86) and
southern boundaries of mouzas Gokulpur (J.L. No. 73) and Satrapara (J.L.
No. 72) within P. S. Chakdaha;
In District 24-Parganas :
Thereafter the same line follows the south-eastern and southern
boundaries of mouza Palladaha (J.L. No. 5); then it sharply bends
southward following the eastern boundary line of the Kanchrapara Municipality
and then it runs along the northern, eastern and southern boundaries of
mouza Srotribati (J.L. No. 20), eastern and southern of mouza
Chandua (J.L. No. 18), southern of mouza Jetia (J.L. No. 16),
south-eastern of mouza Manna (J.L. No. 15) and eastern of mouza
Jadunathbati (J.L. No. 12) within P. S. Bijpur;
Then the same line proceeds along the eastern and southern boundaries of
mouza Rajendrapur (J.L. No. 10), south-eastern of mouza Naihati
(J.L. No. 3) and eastern of mouza Deulpara (J.L. No. 5) within P. S.
Naihati;
Thereafter it follows the eastern and south-eastern boundaries of
mouza Madrail (J.L. No. 2), eastern boundaries of mouzas
Narayanpur (J.L. No. 4), Mandalpara (J.L. No. 10), Vidyadharpur (J.L. No. 17),
south-eastern and southern of mouza Rahuta J.L. No. 22), eastern of
mouza Muljor (J.L. No. 17), north-eastern, eastern and southern
boundaries of mouza Gurdaha (J.L. No. 21) and eastern of mouza
Gurdaha (J.L. No. 21) and eastern of mouza Paltapara (J.L. No. 25) within
P. S. Jagaddal;
Then it runs along the eastern boundary of mouza Babanpur (J.L.
No. 1) and then proceeds eastward along the northern boundaries of mouzas
Jafarpur (J.L. No. 9), Mohanpur (J.L. No. 8) and Tolinipara (J.L. No. 10) and
again bends southward along the eastern boundary of the said mouza
Tolinipara (J.L. No. 10.) and north-eastern of mouza Nilganja (J. L. No.
13) within P. S. Titagarh;
Thereafter the same line proceeds further eastward along the northern
boundaries of mouzas Salurhat (J.L. No. 13), Rangapur (J.L. No. 12),
Kokapur (J.L No. 11), Barbaria (J.L. No. 8), Chaturia (J.L No. 34), Napara (J.L.
No. 83), Palpakuria (J.L. No. 82), Naliakur (J.L. No. 100), Murali (J.L No. 99),
Wandalganti (J.L No. 98), then it bends southward following the eastern
boundaries of mouzas Sikdespukhuria (J.L. No. 95), Bara (J.L. No. 113),
Sarbaria (J.L No. 112), Kuberpur (J.L. No. 108), Chandigari (J.L No. 109),
Kayemba (J.L. No. 171), Dagband Saibaria (J.L. No. 172) and south-eastern of
mouza Krishnapur Madanpur (J.L. No. 18), then it sharply bends
north-westward following the southern and northern western boundaries of the
said mouza Krishnapur Madanpur (J.L No. 181), southern of mouza
Bagberia (J.L. No. 68), eastern of mouza Kachuz (J.L. No. 66), eastern
southern and western of mouza Singhapara (J.L. No. 65), western of the
said mouza Kaochus (J.L. No. 68), south-eastern and southern boundaries
of mouza Digberia (J.L No. 74), southern boundary of mouza
Abdalpur (J.L. No. 53), then the line again bends southward along the
south-eastern boundary of mouza Chandnagar (J.L. No. 44), eastern and
south-eastern of mouza Deharia (J.L No. 45), south-eastern of
mouza Gonnagar (J.L. No. 49), north-eastern of mouza Donnagar
(J.L. No. 48) within P. S. Barasat;
Then it follows the eastern boundary of mouza Ganti (J.L. No. 1),
eastern, south-eastern and southern of mouza Gopalpur (J.L. No. 2),
south-eastern of mouzas Atghara (J.L. No. 10), and Teghari (J.L. No. 16),
eastern of mouzas Krishnapur (J.L. No. 17), and Mahishbathan (J.L. No.
18) within P. S. Rajarhat;
Then it follows the north-eastern and eastern boundaries of mouza
Dhapa Manpur (J.L. No. 1) within P. S. Bhangar;
Thereafter the same line runs along the southern boundaries of
mouzas Dhapa (J.L No. 2) and Choubaga (J.L No. 3), eastern boundaries of
mouzas Nonadanga (J.L No. 10), Madurdaha (J.L No. 12), Kalikapur (J.L No.
20), Barakhola (J.L. No. 21), north-eastern and eastern of mouza Cha
Ganiagachhi (J.L No. 24) and eastern of mouza Chak Garia (J.L. No. 26)
within P. S. Tollygunge;
Then it runs along the northern and eastern boundaries of mouza
Dhelua (J.L. No. 43), north-eastern of mouza Tentulbaria (J.L. No. 44),
northern and eastern of mouza Kamrabad (J.L No. 41), eastern of
mouza Gorkhara (J.L. No. 22), eastern and southern of mouza
Sonarpur (J.L. No. 39), thereafter it proceeds southward along the eastern
boundary-line of Rajpur Municipality, and then along the eastern boundaries of
mouzas Chak Harinabhi (J.L. No. 33) and Bangiadharpur (J.L. No. 34)
within P. S. Sonarpur;
Then it proceeds southward along the eastern boundary-line of Rajpur
Municipality and thereafter it follows the eastern boundaries of mouzas
Mallikpur (J.L. No. 10), Ganespur (J.L. No. 12), Sultanpur (J.L. No. 16),
Baralia (J.L. No. 17), Kapindapur (J.L. No. 18), Baruipur (J.L No. 31) and
Beliaghata (J.L. No. 67) within P. S. Baruipur;
3. Southern boundary - In District 24-Parganas :
The aforesaid line then takes a turn towards the west following the
southern boundary of the said west mouza Beliaghata (J.L. No. 67),
southern boundaries of mouzas Sasan (J.L. No. 66), Paschim Madhabpur
(J.L. No. 51), Sanpukuria (J.L. No. 50), southern and western of mouza
Nihata (J.L. No. 49), western of mouza Madhya Kalyanpur (J.L. No. 42),
south-western of mouza Dhopagachhi (J.L. No. 43) within P. S. Baruipur;
Then it follows the southern and western boundaries of mouza
Baragachhia (J.L. No. 86), then it runs northward following the western
boundaries of mouzas Srikrishnapur (J.L. No. 85), Baragachhia (J.L. No.
84), Baruli (J.L. No. 83), Raghunathpur (J.L. No. 68), then it takes a turn
towards the west and follows the southern boundary of mouza Jayanpur
(J.L. No. 66), eastern, southern and western of mouza Hogalkuria (J.L.
No. 67), south-western of mouzas Ban Hugli (J.L. No. 65) and Danga
(J.L. No. 64) within P. S. Sonarpur;
Thereafter the line follows the southern boundaries of mouzas
Magurkhali (J.L. No. 35), Ramjibanpur (J.L. No. 34), Sajnaberia (J.L. No. 33),
Gopalnagar (J.L. No. 32), Kalua (J.L. No. 22), Hanspukuria (J.L. No. 20) within
P. S. Behala;
It then proceeds along the southern boundaries of mouzas
Kalagachhia (J.L. No. 40), Senkharipota (J.L. No. 36), Naoabad (J.L. No. 35),
Khanberia (J.L. No. 32), Chandigar (J.L. No. 31), Sibhugli (J.L. No. 21) and
Rameswarpur (J.L. No. 20) within P. S. Mahestola;
Thereafter the same line follows the southern boundaries of mouzas
Betuabati Rajarampur (J.L. No. 26), Santoshpur (J.L. No. 25), Uttar Raipur (J.L.
No. 15), Benjan Saria Charilal (J.L. No. 13), eastern and southern of
mouza Nischintapur (J.L. No. 35), and southern of mouzas Uttar
Ramchandrapur (J.L. No. 37), Raghunathpur (J.L. No. 40), Rajarampur (J.L. No.
41), Achhipur (J.L. No. 44) within P. S. Budge Budge; and then it proceeds
further westward in a straight line and meets the western boundary-line of
District 24-Parganas in the river Hooghly.
4. Western boundary - Thereafter the same line proceeds northward
following the western boundary-line of District 24-Parganas, [Kolkata],
District 24-Parganas and Nadia in the river Hooghly and meets the starting point
of the northern boundary.
Explanation.—The expression "[Kolkata]"
means the area comprised within the local limits for the time being of the
ordinary original civil jurisdiction of the High Court at [Kolkata].
Second Schedule
(See section 27)
A. [***]
1.
In sub-section (2) of section 17, for clause (a), the following clause shall be
substituted, namely :-
"(a) the Chairman—such period not exceeding three years as may
be fixed by the State Government :
Provided that the State Government may, if
it thinks fit, extend or reduce the period from time to time.".
2. For section 177, the following sections shall be substituted,
namely :
"177. Power of State Government to supersede the Board.—(1) If in
the opinion of the State Government it is necessary so to do with a view to
better co-ordination and speedier execution of development work and maintenance
thereof the State Government may, by an order published in the Official
Gazette and mentioning therein the reasons for the order, supersede the
Board for such period as may be specified in the order.
(2) For the removal of doubts it is hereby declared that no notice
whatsoever is required to be given to the Board for submission of any
representation before making any such order of supersession under sub-section
(1).
(3) The State Government may, if it considers necessary so to do, by
order, extend or modify from time to time the period of supersession.
177A. Consequences of supersession.—(1) When an order of
supersession has been made under section 177, then with effect from the date of
the order—
(a) all Trustees of the Board and all members or other persons
constituting committees shall vacate their respective offices;
(b) all properties, funds and dues which are vested in or
realisable by the Board and the Chairman, respectively, shall vest in and be
realisable by the [Kolkata]
Metropolitan Development Authority;
(c) all contracts and liabilities which are enforceable by or
against the Board shall be enforceable by or against the [Kolkata]
Metropolitan Development Authority;
(d) all the powers and duties which may, under the provisions
of this or any other Act or any rule, regulation, bye-law, order or notification
made thereunder, be exercised or performed by the Board, committee or the
Chairman shall be exercised or performed by the [Kolkata]
Metropolitan Development Authority.
(e) all legal proceedings instituted by or against the Board
may be continued or enforced by or against the [Kolkata]
Metropolitan Development Authority;
(f) all officers and other employees of the Board continuing
in office immediately before the date of the order shall be deemed to be
employed by the [Kolkata]
Metropolitan Development Authority on such terms and conditions not being less
advantageous than what they were entitled to immediately before the said
date.
(2) The State Government shall, before the expiration of the period of
supersession, reconstitute the Board in accordance with the provisions of this
Act.
(3) The State Government may make such incidental or consequential orders
as may appear to it to be necessary for giving effect to the order made under
sub-section (1) or (3) of section 177 or under sub-section (2) of this
section.".
B. Amendment to the Howrah Improvement Act, 1956
(West Bengal Act No. 14 of 1956)
For section 184, the
following sections shall be substituted namely :-
"184. Power of State Government to supersede the Board.—(1) If in
the opinion of the State Government it is necessary so to do with a view to
better co-ordination and speedier execution of development work and maintenance
thereof the State Government may, by an order published in the Official
Gazette and mentioning therein the reason for the order, supersede the Board
for such period as may be specified in the order.
(2) For the removal of doubts it is hereby declared that no notice
whatsoever is required to be given to the Board for submission of any
representation before making any such order of supersession under sub-section
(1).
(3) The State Government may, if it considers necessary so to do, by
order, extend or modify from time to time the period of supersession.
184A. Consequences of supersession.—(1) When an order of
supersession has been made under section 184, then with effect from he date of
the order —
(a) all Trustees of the Board and all members or other persons
constituting committees shall vacate their respective offices;
(b) all properties, funds and dues which are vested in or
realisable by the Board and the Chairman, respectively, shall vest in and be
realisable by the [Kolkata]
Metropolitan Development Authority;
(c) all contracts and liabilities which are enforceable by or
against the Board shall be enforceable by or against the [Kolkata]
Metropolitan Development Authority;
(d) all the powers and duties which may, under the provisions
of this or any other Act or any rule, regulation, by-law, order or notification
made thereunder, be exercised or performed by the Board, committee or the
Chairman shall be exercised or performed by the [Kolkata]
Metropolitan Development Authority;
(e) all legal proceedings instituted by or against the Board
may be continued or enforced by or against the [Kolkata]
Metropolitan Development Authority;
(f) all officers and other employees of the Board continuing
in office immediately before the date of the order shall be deemed to be
employed by the [Kolkata]
Metropolitan Development Authority on such terms and conditions, not being less
advantageous than what they were entitled to immediately before the said
date.
(2) The State Government shall, before the expiration of the period of
supersession, reconstitute the Board in accordance with the provisions of this
Act.
(3) The State Government may make such incidental or consequential orders
as may appear to it to be necessary for giving effect to the order made under
sub-section (1) or (3) of section 184 or under sub-section (2) of this
section.".
C. [***]
After
section 90, the following sections shall be inserted, namely:-
"90A. Power of State Government to supersede the Authority.—(1) If
in the opinion of the State Government it is necessary so to do with a view to
better co-ordination and speedier execution of development work and maintenance
thereof the State Government may, by an order published in the Official
Gazette and mentioning therein the reason for the order, supersede the
Authority for such period as may be specified in the order.
(2) For the removal of doubts it is hereby declared that no notice
whatsoever is required to be given to the Authority for submission of any
representation before making any such order of supersession under sub-section
(1).
(3) The State Government may, if it considers necessary so to do, by
order, extend or modify from time to time period of supersession.
90B. Consequences of supersession.—(1) When an order of
supersession has been made under section 90A, then with effect from the date of
the order—
(a) all Directors and members of the Authority shall vacate
their offices;
(b) all properties, funds and dues which are vested in or
realisable by the Authority shall vest in and be realisable by the [Kolkata]
Metropolitan Development Authority;
(c) all contracts and liabilities which are enforceable by or
against the Board shall be enforceable by or against the [Kolkata]
Metropolitan Development Authority;
(d) all the powers and duties which may, under the provisions
of this or any other Act or any rule, regulation, bye-law, order or notification
made thereunder, be exercised or performed by the Authority shall be exercised
or performed by the [Kolkata]
Metropolitan Development Authority;
(e) all legal proceedings instituted by or against the
Authority may be continued or enforced by or against the [Kolkata]
Metropolitan Development Authority;
(f) all officers and other employees of the Authority
continuing in office immediately before the date of the order shall be deemed to
be employed by the [Kolkata]
Metropolitan Development Authority on such terms and conditions not being less
advantageous than what they were entitled to immediately before the said
date.
(2) The State Government shall, before the expiration of the period of
supersession, re-establish the Authority in accordance with the provisions of
this Act.
(3) The State Government may make such incidental or consequential orders
as may appear to it to be necessary for giving effect to the order made under
sub-section (1) or (3) of section 90A or under sub-section (2) of this
section.".
Important Notifications
The West Bengal Town and Country (Planning and Development)
Act, 1979
No. 2834-T&CP/IS-2/94
Calcutta, the 10th November, 1994.
Notification
In exercise of the power conferred by
sub-section (3) of section 1 of the West Bengal Town and Country (Planning and
Development) Act, 1979 (West Bengal Act 13 of 1979), the Governor is pleased
hereby to appoint date of this notification as the date on which the said Act
shall come into force in the area described in the Schedule below :
The Schedule
Name of District
|
Name of Police Station
|
J.L. No.
|
24-Parganas (South) | Sonarpur | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 38, 42, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109. |
Ditto | Bhangar | 2, 3, 4, 5, 6, 7, 8, 9, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40. |
-Ditto- | Baruipur | 1, 2, 3, 4, 5, 6, 7, 8, 9,14, 21, 22, 23, 24, 25, 26, 27. |
By order of the Governor
Sd/- S. K. RAY Special Secretary to the Government of West Bengal. |
Calcutta, the 10th November, 1994.
Notification
Whereas the provisions of the West Bengal Town
and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979)
have come into force in the areas described in the Schedule to this department
Notification No. 2934- T&C P/I S-2/94 dated 10.11.1994.
Now, therefore, in exercise of the power conferred by sub-section (1)
read with sub-section (2) of section 9 of the West Bengal Town and Country
(Planning and Development) Act, 1979 (West Bengal Act 13 of 1979) the Governor
is pleased hereby to declare the said area to be a "Planning Area" for the
purpose of the said Act and to define the limits of the said area in the
Schedule below :-
First Schedule
Name of District
|
Name of Police Station
|
J.L. No.
|
24-Parganas (South) | Sonarpur | 1, 2, 3, 4, 5,6, 7, 8, 9, 10, 11, 12, 3, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 38, 42, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109. |
-Ditto- | Bhangar | 2, 3, 4, 5, 6, 7, 8, 9, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40. |
-Ditto- | Baruipur | 1, 2, 3, 4, 5, 6, 7, 8, 9,14, 21, 22, 23, 24, 25, 26, 27. |
Calcutta, the 10th November, 1994.
Notification
In exercise of the power conferred by
sub-section (4) read with sub-section (1) of section 11 of the West Bengal Town
and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979),
the Governor is pleased hereby to appoint the District Magistrate, 24-Parganas
(South) District as the Planning Authority in respect of the Planning Area
declared as such under this department Notification No. 2834-T&CP/IS-2/94
dated 10.11.94.
By order of the Governor,
Sd/- S. K. RAY
Special Secretary to the
Government of West Bengal.
Sd/- S. K. RAY
Special Secretary to the
Government of West Bengal.
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