The West Bengal Restriction On Construction In Unsafe Areas Act, 1979

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XX of 1979 
THE WEST BENGAL RESTRICTION ON 
CONSTRUCTION IN UNSAFE AREAS 
ACT, 1979. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 4th October, 1979.] 
[4th October, 1979.] 
An Act to provide for restriction on construction in areas found unsafe 
due to operation of mines or otherwise in West Bengal. 
WHEREAS it is expedient in the public interest to provide for restriction 
on construction in areas found unsafe due to operation of mines or 
otherwise in West Bengal; 
It is hereby enacted in the Thirtieth Year of the Republic of India, by 
the Legislature of West Bengal, as follows:- 
1. This Act may be called the West Bengal Restriction on Construe- Short title. 
tion in Unsafe Areas Act, 1979. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "construction" means erection or re-erection of a building or 
structure or addition or alteration to any existing building or 
structure but shall not include repairs to any existing building 
or structure; 
35 of 1952. 	 (b) "mine" shall have the meaning assigned to it in the Mines 
Act, 1952; 
(c) "notification" means a notification published in the Official 
Gazette; 
(d) "prescribed" means prescribed by rules made under this 
Act. 
3. The District Magistrate shall, on receipt of any information that 
any area, within the limits of his jurisdiction, is likely to subside due to 
operation of any mine or otherwise, forthwith cause an inquiry to be made 
into the matter by any officer having such qualifications and in such 
manner as may be prescribed. 
215 
Inquiry on 
receipt of 
information. 
The West Bengal Restriction on Construction in 
Unsafe Areas Act, 1979. 
[West Ben. Act 
(Sections 4-9.) 
Declaration 
of unsafe 
area. 
Power to 
demolish 
construction. 
Protection of 
action taken 
under this 
Act. 
Cognizance 
of offence. 
4. If, on the report of the inquiry, the District Magistrate is satisfied 
that any area within the limits of his jurisdiction is likely to subside due to 
operation of any mine or otherwise, he shall cause to be made, with 
reference to the finally published record-of-rights and map of the locality, 
a plan of the area likely to subside and by order published in the manner 
prescribed, declare such area to be unsafe. 
5. When any area is declared unsafe under section 4, no construction 
within that area shall be commenced or continued without the previous 
permission in writing of the District Magistrate. 
6. Any person who, in contravention of the provisions of section 5, 
commences or continues any construction in an area declared unsafe under 
section 4 shall, without prejudice to any action that may taken under 
section 7, be punishable with simple imprisonment for a term which may 
extend to six months or with 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 five hundred rupees for each day during which such 
contravention continues. 
7. Where any construction has been commenced or is being continued 
in contravention of the provisions of section 5, the District Magistrate 
having jurisdiction may, after giving the owner of such construction and 
also to the occupier (if the owner is not the occupier) an opportunity of 
being heard, make an order directing the demolition of the construction 
commenced or continued within such period as may be specified in the 
order and, in default, the District Magistrate may himself or through a 
person authorised by him in this behalf cause demolition of such construction 
and the cost thereof shall be recoverable by the District Magistrate from 
the owner of the construction as a public demand. 
8. No suit, prosecution or other legal proceeding (including an action 
for damages) shall lie against the State Government or any person for 
anything in good faith done or intended to be done or for any 
damage caused or likely to be caused for anything in good faith done or 
intended to be done in pursuance of this Act or any rule or order made 
thereunder. 
9. No court shall take cognizance of any offence punishable under 
this Act except on the complaint, in writing, of the District Magistrate or 
any offence authorised by him in this behalf. 
Prohibitions 
of construc-
tion without 
permission. 
Penalty. 
216 
The West Bengal Restriction on Construction in 
Unsafe Areas Act, 1979. 
XX of 1979.] 
(Sections 1D-1.5.) 
10. Any offence punishable under this Act may, either before or after 
the institution of the prosecution, be compounded by the District Magistrate 
on such terms and conditions as may be prescribed. 
11. (1) Any person aggrieved by an order made by the District 
Magistrate under this Act may, within thirty days from the date of 
communication of the order to him, prefer an appeal against the order to 
the State Government in such manner as may be prescribed. 
Explanation.—For the purposes of this sub-section, date of publication 
of the order in the prescribed manner shall be deemed to be the date of 
communication. 
(2) An appeal under sub-section (1) shall be disposed of by the officer 
(not below the rank of a Secretary to the Government or a Divisional 
Commissioner) appointed by the State Government in that behalf, in the 
manner prescribed. 
12. The State Govenment may, of its own motion or otherwise, revise Revision of 
order by the 
an order made by a District Magistrate under the provisions of this Act. State 
Government 
in certain 
cases. 
13. (1) The State Government may, by notification, make rules for Power to 
make rules. 
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 matters which 
may be or is required to be prescribed. 
Compound-
ing of 
offence. 
Appeal. 
14. Nothing in this Act shall apply to a mine as defined in clause (i) 
35 of 1952. 	 of sub-section (1) of section 2 of the Mines Act, 1952. 
West Ren. 
Ord. IV of 
1979. 
15. (1) The West Bengal Restriction on Construction in Unsafe 
Areas Ordinance, 1979, is hereby repealed. 
(2) Anything done or any action taken under the West Bengal 
Restriction on Construction in Unsafe Areas Ordinance, 1979, shall be 
deemed to have been validly done or taken under this Act as if this Act had 
commenced on the 13th day of June, 1979. 
Provisions 
not to apply 
to mines. 
Repeal and 
savings. 
217 

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