The West Bengal Heritage Commission Act, 2001

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act IX of 20011  
THE WEST BENGAL HERITAGE COMMISSION 
ACT, 2001. 
CONTENTS 
CHAPTER I 
Preliminary. 
Sections. 
1. Short title, extent and commencement. 
2. Definitions. 
CHAPTER II 
Establishment of Commission. 
3. Establishment of Commission. 
4. Composition of Commission. 
5. Terms and conditions of service of members. 
6. Meetings of Commission. 
7. Vacancies amongst members, or defect in the constitution, of 
Commission not to invalidate acts or proceedings of Commission. 
8. Temporary association of persons with Commission for specific 
purposes. 
9. Appointment of staff of Commission. 
10. Authentication or orders and other instruments of Commission. 
CHAPTER III 
Powers and functions of Commission. 
11. Powers and functions of Commission. 
12. Appeal to State Government in certain cases. 
13. Power of State Government to revise decision in certain cases. 
'For proceedings of the West Bengal Legislative Assembly, see the proceedings of the 
meeting of that Assembly held on the 15th February, 2001. 
79 
The West Bengal Heritage Commission Act, 2001. 
Sections. 
14. Decision of State Government not to be questioned. 
15. Powers of Commission. 
16. State Government and local authority to accepts, and to take 
action in accordance with, the advice of Commission. 
CHAPTER IV 
Fund, Accounts and Audit. 
17. Payment to Commission. 
18. Fund of Commission. 
19. Budget. 
20. Annual report. 
21. Accounts and audit. 
CHAPTER V 
Miscellaneous. 
22. Returns and information. 
23. Delegation of powers. 
24. Members and officers of Commission to be public servants. 
25. Protection of action taken in good faith. 
26. Power to make rules. 
27. Power to make regulations. 
28. Power to make order for removing difficulty. 
29. Act to have overriding effect. 
80 
West Bengal Act IX of 2001 
THE WEST BENGAL HERITAGE COMMISSION 
ACT, 2001. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 21st March, 2001.] 
An Act to provide for the establishment of a Heritage Commission in the 
State of West Bengal for the purpose of identifying heritage buildings, 
monuments, precincts and sites and for measures for their restoration 
and preservation. 
Whereas it is expedient to provide for the establishment of a Heritage 
Commission in the State of West Bengal for the purpose of identifying 
heritage buildings, monuments, precincts and sites and for measures for 
their restoration and preservation; 
It is hereby enacted in the Fifty-second Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary. 
1. (1) This Act may be called the West Bengal Heritage Short title, 
Commission Act, 2001. 	 extent and  commence-
ment. (2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date, and in such area (hereinafter 
referred to as the said area), as the State Government may, by notification 
(hereinafter referred to as the former notification), appoint, and different 
dates may be appointed for different areas: 
Provided that the State Government may, by notification, rescind 
the former notification and, thereupon, this Act shall cease to be in force 
in the said area with effect from such date as may be specified in the 
notification. 
2. In this Act, unless the context otherwise requires,— 
(a) "building" includes any structure or erection or part of a 
structure or erection which is intended to be used for residential, 
industrial, commercial, cultural or other purposes, whether in 
actual use or not; 
Definitions. 
81 
The West Bengal Heritage Commission Act, 2001. 
[West Ben. Act 
(Chapter I.—Preliminary.—Section 2.) 
(b) "building operations" includes rebuilding operations, 
structural alterations of, or additions to, buildings, or other 
operations normally undertaken in connection with the 
construction of buildings; 
(c) "Commission" means the West Bengal Heritage Commission 
established under section 3; 
(d) "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, and includes re-
development; 
(e) "engineering operations" includes the formation or laying 
out of means of access to a road or the laying out of means of 
water supply or drainage; 
(0 "heritage building" means any building of one or more 
premises or any part thereof which requires preservation and 
conservation for historical, architectural, environmental or 
cultural importance, and includes such portion of the land 
adjoining such building or any part thereof as may be required 
for fencing or covering or otherwise preserving such building, 
and also includes the areas and buildings requiring preservation 
and conservation for the purpose as aforesaid under sub-
clause (ii) of clause (a) of sub-section (4) of section 31 of the 
WestBengal Town andCountry (Planning and Development) 
Act, 1979, monuments of heritage importance, as defined in 
clause (i) of this section, precincts or such other sites commonly 
considered for heritage importance; 
(g) "local authority" means any Municipal Corporation 
established under any West Bengal Act or Municipality 
under the West B engal Municipal Act, 1993 or any Panchayat 
constituted under the West Bengal Panchayat Act, 1973; 
(h) "member" means a member of the Commission, and includes 
its Chairperson; 
(i) "monuments of heritage importance" means any building, 
structure, erection, monolith, monument, mound, tumulus, 
tomb, place of interment, cave, sculpture, inscription on an 
immovable object or any part or remains thereof, or any site, 
which the State Government, by reason of its heritage 
association, considers it necessary to protect against 
destruction, injury, alteration, mutilation, defacement, 
removal, dispersion or falling into decay; 
West Ben. 
Act XIII of 
1979. 
West Ben. 
Act XXII of 
1993. 
West Ben. 
Act XLI of 
1973. 
82 
The West Bengal Heritage Commission Act, 2001. 
IX of 20011 
(Chapter 11.—Establishment of Commission.—Sections 3, 4.) 
(j) "notification" means a notification published in the Official 
Gazette; 
(k) "prescribed" means prescribed by rules made by the State 
Government; 
(1) "public amenity" includes road, water supply, street lighting, 
drainage, sewerage, public works, or such other convenience 
as the State Government may, by notification in the Official 
Gazette, specify to be a public amenity for the purposes of this 
Act; 
(m) "regulation" means a regulation made under this Act; 
(n) "rule" means a rule made by the State Government under this 
Act. 
CHAPTER II 
Establishment of Commission. 
3. (1) With effect from such date as the State Government may, by 
notification in the Official Gazette, appoint, there shall be established a 
Commission by the name of the West. Bengal Heritage Commission. 
(2) The Commission shall be a body corporate having perpetual 
succession and a common seal with power to acquire, hold and dispose of 
property and to contract and shall, by the said name, sue or be sued. 
4. The Commission shall be chaired by an eminent person with 
concern and commitment for Heritage Conservation and shall consist of 
not more than twenty-one members, interested in all matters relating to the 
national and regional heritage. The Commission shall consist of a 
Chairperson And the following members:— 
(a) Director of Archaeology and Museum, Department of 
Information and Cultural Affairs, Government of West 
Bengal; 
(b) a representative of a Department of Environment, Govern-
ment of West Bengal (preferably an Environmentalist); 
(c) a representative of the Department of Urban Development, 
Government of West Bengal (preferably a Structural Engineer 
or an Architect); 
(d) a representative of the Municipal Affairs Department or the 
Department of Panchayat and Rural Development, Govern-
ment of West Bengal; 
Establish-
ment of 
Commis-
sion. 
Composition 
of Commis-
sion. 
83 
The West Bengal Heritage Commission Act, 2001. 
[West Ben. Act 
(Chapter 11.—Establishment of Commission.—Sections 5-7.) 
(e) six members of the Municipal Corporations and the 
Municipalities in West Bengal, of whom not less than two 
shall be the Mayor, Calcutta Municipal Corporation, and the 
Mayor, Howrah Municipal Corporation, or their nominees, 
one shall be the representative of the Municipalities of 
Darjeeling, Kalimpong and Kurseong in the District of 
Darjeeling and the other three from amongst other Municipal 
Corporations, Municipalities and Zino Parishads in West 
Bengal, to be nominated by the State Government; 
(f) eleven members from the areas of specialisation, namely, 
History, Art-History, Fine Arts, Architecture, Conservation, 
Law (with special reference to property matters), Structural 
Engineering, Town and Country Planning, Industry and 
Commerce, of whom two shall be from Industry and 
Commerce. 
Terms and 
conditions of 
service of 
members. 
Meetings of 
Commis-
sion. 
Vacancies 
amongst 
members, or 
defect in the 
constitution, 
of Commis-
sion not to 
invalidate 
acts or 
proceedings 
of Commis-
sion. 
5. (1) A member shall hold office for a term of three years from 
the date of his appointment, unless his appointment is terminated earlier 
by the State Government. 
(2) A person who holds, or who has held, office as Chairperson or 
member shall be eligible for re-appointment to that office once only. 
(3) A member may resign his office by writing under his hand 
addressed to the State Government, but he shall continue in office until 
his resignation is accepted by the State Government. 
(4) A casual vacancy caused by the resignation of a member under 
sub-section (3) or for any other reason, shall be filled by fresh appointment. 
(5) A member may be appointed either as a whole-time or part-time 
member as the State Government thinks fit. 
(6) Subject to the foregoing provisions of this section, the terms and 
conditions of service of the Chairperson and other members shall be such 
as may be prescribed. 
6. The Commission shall meet at such times and places, and shall 
observe such rules of procedure in regard to the transaction of business 
at its meetings, as may be prescribed by regulations. 
7. No act or proceedings of the Commission shall be deemed to 
be invalid by reason merely of any vacancy in, or any defect in the 
constitution of, the Commission. 
84 
The West Bengal Heritage Commission Act, 2001. 
IX of 20011 
(Chapter IL—Establishment of Commission.—Sections 
Chapter III.—Powers and functions of Commission.—Section 11.) 
8. (1) The Commission may associate with itself, in such manner 
and for such purposes as may be determined by regulations, any person 
whose assistance or advice it may desire in carrying out any provision 
of this Act. 
(2) A person associated with the Commission under sub-section (1) 
for any purpose shall have a right to take part in the discussions relevant 
to that purpose, but shall not have the right to vote at a meeting of the 
Commission and shall not be a member for any other purpose. 
9. (1) The State Government shall, in consultation with the 
Commission, appoint a Secretary of the Commission who shall hold 
office for such period as may be pescribed: 
Provided that the first appointment of the Secretary may be made 
by the State Government without consultation with the Commission. 
(2) The terms and conditions of service of the Secretary shall be such 
as may be prescribed. 
(3) Subject to any rules, the Commission may appoint such other 
employees as it may think necessary for the efficient performance of its 
functions under this Act, and the terms and conditions of service of 
the employees so appointed shall be such as may be determined by 
regulations. 
10. All orders and decisions and other instruments of the Commis-
sion shall be authenticated by the signature of the Secretary or any other 
officer of the Commission duly authorised by it in this behalf. 
Temporary 
association 
of persons 
with 
Commission 
for specific 
purposes. 
Appoint-
ment of staff 
of Commis-
sion. 
Authentica-
tion of 
orders and 
other 
instruments 
of Commis-
sion. 
CHAPTER III 
Powers and functions of Commission. 
11. (1) Notwithstanding anything contained in any other law for the 
time being in force, all local authorities shall refer anything related to 
identification, restoration and preservation of any heritage building or 
any other development or any engineering operation which is likely to 
affect preservation of any heritage building, for advice. 
Powers and 
functions of 
Commis-
sion. 
85 
The West Bengal Heritage Commission Act, 2001. 
[West Ben. Act 
(Chapter Ill.—Powers and functions of Commission.—Section 11.) 
(2) Subject to the provisions of sub-section (1), the functions of the 
Commission shall be— 
to advise the State Government on preparing a classification 
of buildings in certain grades of heritage buildings after 
scrutinising applications and proposals received, including 
supplementing the existing list of buildings as well as all 
other matters relating to heritage conservation; 
(ii) to advise the State Government on any alteration, modifica-
tion or relaxation of any law for the time being in force for 
development, control and conservation of any heritage 
building; 
(iii) to advise the local authorities, where necessary, on the 
policy of the grant of any certificate of right of development 
of any heritage building; 
(iv) to advise whether to allow commercial or other use of 
heritage buildings and, if so, when to prohibit such use; 
(v) to advise the State Government on framing of special 
regulations for such heritage buildings as may be listed by 
the State Government; 
(vi) to advise the local authorities to regulate the installation of 
advertisement and display structure in respect of heritage 
buildings; 
(vii) to advise the State Government on guidelines to be adopted 
by private parties who sponsor beautification schemes in 
West Bengal; 
(viii) to advise the local authorities on the cost of repair of heritage 
buildings and the policy to be adopted for raising repair-
funds from private sources; 
(ix) to advise the local authorities to prepare special designs and 
guidelines for heritage buildings controlling the height and 
essential characteristics and to suggest other aspects of 
conservation and restoration; 
(x) to advise the local authorities on the provision of incentive 
by exemption from payment of rates or taxes or fees for 
supply of water or any other charge in respect of heritage 
buildings; 
(xi) to advise the State Government on the penal measures for 
defacing or destroying a heritage building; 
(xii) to advise the State Government and the local authorities on 
the making of provision for restoration of heritage buildings; 
(i) 
86 
The West Bengal Heritage Commission Act, 2001. 
IX of 2001.1 
(Chapter 111.—Powers and functions of Commission.—
Sections 12-14.) 
(xiii) to advise the State Government and the local authorities on 
documentation of records of heritage buildings; 
(xiv) to advise the State Government on the steps to involve 
public opinion in mobilisation of efforts for creating 
awareness, preserving or maintaining heritage, and the 
consciousness of its visible architectural and natural 
evidences, so as to foster the creation of a popular mandate 
for heritage preservation; 
(xv) to advise the State Government on any other matter relating 
to restoration or preservation of buildings of heritage 
importance as may be entrusted by the State Government 
to the Commission. 
(3) Notwithstanding anything contained in any other law for the 
time being in force, no local authority shall take any step for identifica-
tion, preservation, conservation or restoration of any heritage 
building, not consistent with the determination or advice of the 
Commission. 
12. If any local authority is aggieved by any advice of the Appeal to 
Commission in respect of any building operation, engineering opera- State
Government 
tion or development proposal referred to the Commission under sub- in certain 
section (1) of section 11, such local authority may, within sixty days from cases.  
the date of advice by the Commission, prefer an appeal to the State 
Government, and the State Government may pass such order thereon as 
it deems fit. 
13. Nothing contained in this Act shall preclude the State Government 
from calling for, and examining, on its own motion, if that Government 
considers it necessary so to do in the public interest, any case of advice 
by the Commission under sub-section (1) of section 11 and passing such 
order thereon as it thinks fit: 
Provided that no such order shall be made prejudicially affecting any 
local authority, except after giving it an opportunity of making a 
representation in the matter. 
14. The decision of the State Government in an appeal under section 
12 or revision under section 13, shall be final and binding and shall not 
be questioned in any court of law. 
Power of 
State 
Government 
to revise 
decision in 
certain 
cases. 
Decision of 
State 
Government 
not to be 
questioned. 
87 
The West Bengal Heritage Commission Act, 2001. 
[West Ben. Act 
(Chapter 111.—Powers and functions of Commission.— 
Sections 15, 16.—Chapter 1V.—Fund, Accounts and 
Audit.—Sections 17, 18.) 
Powers of 
Commis-
sion. 
State 
Government 
and local 
authority to 
accept, and 
to take 
action in 
accordance 
with, the 
advice of the 
Commis-
sion. 
15. For the purpose of performing its functions under this Act, the 
Commission shall have the same powers as are vested in a Civil court 
while trying a suit under the Code of Civil Procedure, 1908, in respect 5 of 1908. 
of the following matters:— 
(a) summoning and enforcing the attendance of any person and 
examining him; 
(b) requiring discovery and production of any documents; 
(c) receiving evidence on affidavits; 
(d) requisitioning any public record or copies thereof from any 
office; 
(e) any other matter which may be prescribed. 
16. (1) Subject to the other provisions of this Act, the State 
Government and every local authority shall accept every advice of the 
Commission to that Government or the local authority, as the case may 
be, and shall take action for prompt and effective implementation of such 
advice. 
(2) The State Government may, for the purposes of sub-section (1), 
give such directions to a local authority as it may deem fit and, there-
upon, such local authority shall act according to the directions as 
aforesaid. 
CHAPTER IV 
Fund, Accounts and Audit. 
Payment to 
Commis-
sion. 
Fund of 
Commis-
sion. 
17. The State Government may, after due appropriation made by the 
State Legislature by law in this behalf, pay to the Commission in 
each financial year such sums as the State Government may consider 
necessary for the performance of the functions of the Commission under 
this Act. 
18. (1) The Commission shall have its own fund, and all sums 
which may, from time to time, be paid to it by the State Government 
shall be carried to the fund of the Commission and all payments by the 
Commission shall be made therefrom. 
(2) The Commission may spend such sums as it thinks fit for 
performing its functions under this Act, and such sums shall be treated 
as expenditure payable out of the fund of the Commission. 
88 
The West Bengal Heritage Commission Act, 2001. 
IX of 2001.] 
(Chapter IV.—Fund, Accounts and Audit.—Sections 19-21.) 
(3) All moneys in the fund shall be deposited in such bank, or 
invested in such manner, as may, subject to the approval of the State 
Government, be decided by the Commission. 
(4) The Commission may receive in its fund, and make expenditure 
out of it, any donation or grant from the Central Government or the State 
Government, or any statutory body or undertaking under the Central 
Government or the State Government, or local authority, or Trust or from 
any voluntary organisation, or any individual, as may be prescribed. 
(5) The receipt and the expenditure from the fund of the Commission 
shall be done in the manner prescribed. 
19. The Commission shall, in each year, prepare, in such form, and Budget. 
within such time, as may be prescribed, a budget in respect of the 
financial year next ensuing, showing the estimated receipts and 
expenditure, and copies thereof shall be forwarded to the State 
Government. 
20. The Commission shall prepare once every year, in such form, Annual 
and within such time, as may be prescribed, an annual report giving a report. 
true and full account of its activities during the previous year, and copies 
thereof shall be forwarded to the State Government, and the State 
Government shall cause every such report to be laid before the State 
Legislature. 
21. (1) The Commission shall cause to be maintained such books Accounts 
of accounts and other books in relation to its accounts in such form, and and audit. 
in such manner, as may, in consultation with the Principal Accountant 
General, West Bengal, be prescribed. 
(2) The Commission shall, as soon as may be after closing its annual 
accounts, prepare a statement of accounts in such form as may be 
prescribed and forward the same to the Principal Accountant General, 
West Bengal, by such date as the State Government may, in consultation 
with the Principal Accountant General, West Bengal, determine. 
(3) The accounts of the Commission shall be audited by the Principal 
Accountant General, West Bengal, at such times, and in such manner, 
as he thinks fit. 
(4) The annual accounts of the Commission together with the audit 
report thereon shall be forwarded to the State Government, and the State 
Government shall cause the same to be laid before the State Legislature 
and shall also forward a copy of the audit report to the Commission for 
taking appropriate action on the matters arising out of the audit report. 
89 
The West Bengal Heritage Commission Act, 2001. 
[West Ben. Act 
(Chapter V—Miscellaneous.—Sections 22-26.) 
CHAPTER V 
Miscellaneous. 
Returns and 
information. 
Delegation 
of powers. 
Members 
and officers 
of 
Commission 
to be public 
servants. 
Protection of 
action taken 
in good 
faith. 
Power to 
make rules. 
22. The Commission shall furnish to the State Government such 
returns or other information with respect to its fund or activities as the 
State Government may, from time to time, require. 
23. The Commission may, by general or special order in writing, 
delegate to the Chairperson, or any other member, or any officer, of the 
Commission, subject to such conditions and limitations, if any, as may 
be specified in the order, such of its powers and functions under this 
Act as it may deem necessary for the efficient running of the day-to-
day administration of the Commission. 
24. The members and officers of the Commission shall, when acting, 
or purporting to act, in pursuance of any of the provisions of this Act, 
be deemed to be public servants within the meaning of section 21 of the 
Indian Penal Code. 
25. No suit or other legal proceeding shall lie against any member 
or officer of the Commission in respect of anything which is in good 
faith done or intended to be done in pursuance of any provision of this 
Act. 
26. (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:— 
(a) the salaries, if any, allowances and other terms and conditions 
of service of members of the Commission; 
(b) the terms and conditions of service of the Secretary of the 
Commission; 
(c) the matters in respect of which the Commission may tender 
advice to the State Government under clause (i) of sub-
section (2) of section 11; 
(d) the form in which, and the time within which, the budget 
and annual report of the Commission may be prepared and 
forwarded to the State Government; 
45 of 1860. 
90 
The West Bengal Heritage Commission Act, 2001. 
IX of 2001.] 
(Chapter V.—Miscellaneous.—Sections 27, 28.) 
(e) the form and manner in which the accounts of the 
Commission may be maintained, and the time at which, and 
the manner in which, such accounts may be audited; 
(f) the returns and information which the Commission may be 
required to furnish to the State Government; 
(g) the conditions subject to which any building, building 
operation or engineering operation, designed as a result of 
an architectural competition, may be exempted; 
(h) any other matter which may be, or is required to be, 
prescribed. 
(3) Every rule made by the State Government under this Act shall 
be laid, as soon as may be after it is made, before the State Legislature 
while it is in session, for a total period of thirty days which may be 
comprised in one session or in two or more successive sessions, and if, 
before the expiry of the session immediately following the session or 
the successive sessions aforesaid, the State Legislature agrees in making 
any modification in the rule, or the State Legislature agrees that the rule 
should not be made, the rule shall thereafter have effect only in such 
modified form or be of no effect, as the case may be; so however, that 
any such modification or annulment shall be without prejudice to the 
validity of anything previously done under that rule. 
27. The Commission may, with the previous approval of the State 
Government, by notification, make regulations consistent with this Act 
and the rules made thereunder for— 
(a) regulating the meetings of the Commission and the procedure 
for conducting business thereat; 
(b) regulating the manner in which, and the purposes for which, 
persons may be associated with the Commission under 
section 8; 
(c) determining the terms and conditions of service of persons 
appointed by the Commission under sub-section (3) of 
section 9; 
(d) any other matter which has to be, or may be prescribed by 
regulations. 
28. If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may make such order, or do such thing, not 
inconsistent with the provisions of this Act, as appears to the State 
Government to be necessary or expedient for removing the difficulty: 
Power to 
make 
regulations. 
Power to 
make order 
for removing 
difficulty. 
91 
Act to have 
overriding 
effect. 
The West Bengal Heritage Commission Act, 2001. 
[West Ben. Act IX of 2001.1 
(Chapter V.—Miscellaneous.—Section 29.) 
Provided that no such order shall be made after the expiry of a period 
of two years from the date of publication of this Act in the Official 
Gazette. 
29. The provisions of this Act shall have effect notwithstanding 
anything contained in any other law for the time being in force, providing 
for heritage buildings. 
Statement of Objects and Reasons on the West Bengal 
Heritage Commission Bill, 2001 (Bill No. 11 of 2001). 
STATEMENT OF OBJECTS AND REASONS. 
The Government of West Bengal set up a Heritage Committee under 
the chairmanship of Prof. Barun De to consider and recommend measures 
for providing effective and efficient arrangement for identification and 
preservation of all heritage buildings, monuments, precincts, etc. in the 
State of West Bengal. The said Committee submitted their report with the 
recommendation that a Heritage Commission Act should be enacted to 
provide for the establishment of a Heritage Commission in the State of 
West Bengal with the objective of identifying heritage buildings, 
monuments, precincts, sites, etc. and for recommending measures for their 
restoration and preservation. 
2. On the recommendation of the said Committee, Government of 
West Bengal has now decided to establish a Heritage Commission for the 
purpose mentioned above and to empower the State Government and the 
local authorities to implement the advice and recommendations of the 
Commission. 
3. The Bill has been framed with the above object in view. 
KOLKATA, 
The 5th February, 2001. 	 BUDDHADEB BHATTACHARJEE, 
Member-in-charge. 
92 

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