LexThe West Bengal Town And Country ( Planning And Development ) Act, 1979
West Bengal · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XIII of 1979 THE WEST BENGAL TOWN AND COUNTRY (PLANNING AND DEVELOPMENT) ACT, 1979. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 11th June, 1979.] [11th June, 1979.] An Act to provide for the planned development of rural and urban areas in West Bengal and for matters connected therewith or incidental thereto. WHEREAS it is expedient in the public interest to provide for the planned development of rural and urban areas in West Bengal and for matters connected therewith or incidental thereto; It is hereby enacted in the Thirtieth 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 Town and Country (Planning and Development) Act, 1979. (2) It extends to the whole of West Bengal, excluding any area to 2 of 1924. which the provisions of the Cantonments Act, 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. Short title, extent and commence- ment. 2. In this Act, unless there is anything repugnant in the subject or Definitions. 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 107 The West Bengal Town and Country (Planning and Development) Act, 1979. [West Ben. Act (Chapter 1.—Preliminary.—Section 2.) the use of land which is ancillary to the farming of land or any other agricultural purposes, but shall 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 a building or any part of a building or an open space, (c) any material alteration or enlargement of any building, (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) "Calcutta Metropolitan Area" means the Calcutta 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 Calcutta Metropolitan Development Authority as referred to in section 17 of this Act; 108 The West Bengal Town and Country (Planning and Development) Act, 1979. XIII of 1979.] (Chapter I.—Preliminary.—Section 2.) (9) "Development Plan" means any Outline Development Plan or Detailed Development Plan prepared under this Act; (10) "industry" includes the carrying on of any manufacturing process as defined in the Factories Act, 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 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 Grant Panchayat constituted under the West Bengal Panchayat Act, 1973. Explanation.—The expression "local authority concerned" shall mean that authority if any land within its local limits 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, 69 of 1948. 1 of 1894. West Ben. Act XLIof 1973. 109 The West Bengal Town and Country (Planning and Development) Act, 1979. [West Ben. Act (Chapter 1—Preliminary.—Section 2.) (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 Goverment 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 d 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 if the land were let to a tenant; and also includes the Head 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 Calcutta 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; 110 The West Bengal Town and Country (Planning and Development) Act, 1979. XIII of 1979.] (Chapter 11.—State Town and Country Planning Advisory Board.—Sections 3, 4.) (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. CHAPTER II State Town and Country Planning Advisory Board. 3. (1) The State Government, after the commencement of this Act, shall, for the purpose of carrying out the functions asssigned 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. State Town and Country Planning Advisory Board. 4. (1) The Chief Minister of the State of West Bengal shall be the Composition Chairman of the Board and he shall nominate two persons to be the of the Board. Vice-Chairmen. (2) The other members shall be— (i) the Mayor of the Corporation of Calcutta; (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; 111 The West Bengal Town and Country (Planning and Development) Act, 1979. [West Ben. Act (Chapter 11.—State Town and Country Planning Advisory Board.—Sections 5-7.) (x) the Chief Conservator of Forests and Wild Life, Government of West Bengal; (xi) the Chief Executive Officer, Calcutta 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. Functions of the Board. Term of office and conditions of service of the members of the Board. Meeting of the Board. 5. 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. (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. (1) The 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. 112 The West Bengal Town and Country (Planning and Development) Act, 1979. XIII of 1979.] (Chapter II.—State Town and Country Planning Advisory Board.—Section 8.—Chapter III.—Declaration of Planning Areas and Constitution of Planning Authorities and Development Authorities.—Section. 9.) (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. Thirty per cent. of the members of the Board shall form a quorum 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. (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 are included in other Planning Areas, the State Government shall, after consulting the Planning Authority or the Declaration of Planning Areas, their amalgamation, sub-division and inclusion of any area in Planning Area. 113 The West Bengal Town and Country (Planning and Development) Act, 1979. [West Ben. Aci (Chapter III—Declaration of Planning Areas and Constitution of Planning Authorities and Development Authorities.—Sections 10, II.) Development Authority concerned, frame a scheme determining what portion of the assets of the Planning Authority or the Develop- ment 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. Power to withdraw Planning Area from the opera- tions of this Act. Constitution of Planning Authority and Deve- lopment Authority. 10. (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 Develop- ment 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. (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. 114 The West Bengal Town and Country (Planning and Development) Act, 1979. XIII of 1979.1 (Chapter 111.—Declaration of Planning Areas and Constitution of Planning Authorities and Development Authorities.—Sections 12, 13.) (3) Every Planning Authority or Development Authority constituted under sub-section (1) shall consist of a Chairman and not more than thirteen but 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 sections 12, 14 and 15 shall not apply to a Planning Authority or a Development Authority appointed under sub-section (4) and the provisions of the Act by which such authority is constituted shall continue• to apply in respect of the area within the jurisdiction of that authority. 12. (1) The term of office and terms and conditions of service of the 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 Chainnan 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. (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 a present Land Use Map; (b) to prepare and enforce an Outline Development Plan; (c) to prepare and enforce a Detailed Development 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 an Outline Development Plan; (c) to prepare and enforce a Detailed Development Plan; (d) to prescribe use of land within its area; Term of office and terms and conditions of service of the Chairman and members of Planning Authority and Dvelopment Authority. Powers and functions of Planning Authority and Development Authority. 115 The West Bengal Town and Country (Planning and Development) Act, 1979. [West Ben. Act (Chapter 111.—Declaration of Planning Areas and Constitution of Planning Authorities and Development Authorities.—Sections 14, 15.) (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 Development 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; (1) 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. Meeting of Planning Authorities and Development Authorities. Constitution of Advisory Council. 14. A Planning Authority or a Development Authority shall meet at such times and places did observe such rules of procedure in regard to the transaction of its business at its meetings as may be determined by regulations. 15. (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 this behalf. 116 The West Bengal Town and Country (Planning and Development) Act, 1979. XIII of 1979.] (Chapter 1V—Calcutta Metropolitan Development Authority.— Sections 16-19.) CHAPTER IV Calcutta Metropolitan Development Authority. 16. (1) Notwithstanding the repeal of the Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 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 Calcutta 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 Calcutta Metropolitan Planning Area or any part thereof. 17. (1) Notwithstanding the repeal of the Calcutta Metropolitan Development Authority Act, 1972, by section 142 of this Act, the Calcutta Metropolitan Development Authority constituted under that Act shall be known as the Calcutta 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 not inconsistent with the provisions in this Chapter, apply to the Calcutta Metropolitan Development Authority. 18. Subject to the provisions of this Act and the rules made Powers and thereunder and any direction which the State Government may give, functions of the Calcutta from time to time, the powers and functions of the Calcutta Metropolitan Metropolitan Development Authority shall be as provided in section 13 of this Act. Development Authority. 19. (1) The Calcutta Metropolitan Development Authority shall Composition of the consist of the following members:— Calcutta (a) the Chief Minister of the State of West Bengal or any person Metropolitan pment nominated by him shall be the Chairman, and a Minister of Authority. the State of West Bengal to be nominated by the Chief Minister shall be the Vice-Chairman: Provided that when there is no Council of Ministers functioning in the State of West Bengal, the State Government shall nominate such persons, as it may think fit, to be the two members and the Chairman and Vice-Chairman respectively of the Calcutta Metropolitan Development Authority; (b) the Chief Executive Officer of the Calcutta Metropolitan Development Authority, ex-officio; West Ben. Act XIV of 1965. West Ben. Act XI of 1972. Calcutta Metropolitan Area. Calcutta Metropolitan Development Authority. 117 The West Bengal Town and Country (Planning and Development) Act, 1979. [West Ben. Act (Chapter 1V—Calcutta Metropolitan Development Authority.— Section 20.) (c) not more than three officers of the rank of Secretary to the State Government to be nominated by the State Government; and (d) Meeting of the Calcutta Metropolitan Development Authority. not more than five other persons to be nominated by the State Government of whom two shall be Councillors of the Corporation of Calcutta and the other three shall be from amongst persons elected as Commissioners of municipalities within the Calcutta Metropolitan Area: Provided that when an order of supersession of the Corporation of Calcutta or a municipality has been made and is in force, it shall be competent for the State Government to nominate in place of the Councillors or Commissioners such persons having experience or knowledge in the administration of Local Self-Government to be members of the Calcutta Metropolitan Development Authority. (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 Calcutta Metropolitan Development Authority or any committe thereof, as may be prescribed: Provided that every such member, on ceasing to be a Councillor of the Corporation of Calcutta or the Commissioner of any municipality within the Calcutta Metropolitan Area, as the case may be, shall cease to hold office as such member notwithstanding that the said term of three years has not expired and the vacancy shall be filled by the State Government by making a fresh nomination. (4) No act or proceeding of the Calcutta 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. (1) The Calcutta 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. 118 The West Bengal Town and Country (Planning and Development) Act, 1979. XIII of 1979.] (Chapter P/—Calcutta Metropolitan Development Authority.— Sections 21, 22.) (2) The Chairman of the Calcutta 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. (1) The State Government shall appoint a Chief Executive Officer who shall be a whole-time officer of the Calcutta Metropolitan Development Authority. (2) The Chief Executive Officer shall discharge such functions and exercise such powers as may be assigned to him by the Calcutta Metropolitan Dvelopment Authority. (3) The Calcutta 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 Calcutta Metropolitan Development Authority. 22. (1) The Calcutta Metropolitan Development Authority shall, Advisoty as soon as may be, after the commencement of the Act, constitute an Council. Advisory Council, for the purpose of advising it on the formulation and co-ordination of plans for the development of the Calcutta Metropolitan Area. (2) The Advisory Council shall consist of the following members:— (a) the Chairman of the Calcutta Metropolitan Development Authority, ex-officio, who shall be the President thereof; (b) the Vice-Chairman of the Calcutta Metropolitan Development Authority, ex-officio; (c) a representative of the Calcutta Improvement Trust; (d) a representative of the Howrah Improvement Trust; (e) one person holding office, for the time being, as the Commissioner of the Corporation of Calcutta; (f) 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 Corporation of Calcutta, within the Calcutta Metropolitan Area, to be nominated by the State Government; Powerto appoint Officers and Secretary and other staff. 119 The West Bengal Town and Country (Planning and Development) Act, 1979. [West Ben. Act Constitution of committees. (Chapter IV—Calcutta Metropolitan Development Authority.— Section 23.) (i) a representative of the Calcutta State Transport Corporation, to be nominated by the State Government; (j) a representative of the Calcutta Tramways Company Limited, to be nominated by the State Government; (k) one representative of the Calcutta Electric Supply Corporation Limited, to be nominated by the State Government; (1) four Members of the West Bengal Legislative Assembly, to be nominated by the Speaker of that Assembly; two representatives of the Indian Railways of whom one shall be from the Metropolitan Transport Project (Railways), Calcutta; and (n) six other persons to be nominated by the State Government. (3) If for any reason the Chairman of the Calcutta 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. (1) The Calcutta 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 deter- mined by regulations made in this behalf. (3) The members of a committee, other than the members of the Calcutta Metropolitan Development Authority, shall be paid such fees and allowances for attending its meetings and for attending to any other work of the Calcutta Metropolitan Development Authority as may be determined by regulations made in this behalf. (m) 120 The West Bengal Town and Country (Planning and Development) Act, 1979. XIII of 1979.] (Chapter IV—Calcutta Metropolitan Development Authority.— Sections 24, 25.) 24. (1) Notwithstanding anything contained in any other law for the time being in force, the Calcutta 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 Calcutta 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 Calcutta Metropolitan Area and in accordance with the approved development plan. 25. (1) Where the Calcutta 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 Calcutta Metropolitan Area, the Calcutta 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 Calcutta Metropolitan Development Authority may also undertake any works in the Calcutta 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 Calcutta 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 Calcutta 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 Calcutta Metropolitan Area and for that purpose it shall be lawful for any officer of the Calcutta 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 Calcutta 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. 121 Power of the Calcutta Metropolitan Development Authority to give directions. Power of the Calcutta Metropolitan Development Authority to execute any plan. The West Bengal Town and Country (Planning and Development) Act, 1979. [West Ben. Act Delegation. Amendment of the Calcutta Improvement Act, 1911, the Howrah Improvement Act. 1956, and the Calcutta Metropolitan Water and Sanitation Authority Act, 1966. (Chapter IV—Calcutta Metropolitan Development Authority— Sections 26, 27.—Chapter V.—Preparation of prsent Land Use Map.—Sections 28, 29.) 26. The Calcutta Metropolitan Development Authority may, by order in writing and 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. The Calcutta Improvement Act, 1911, the Howrah Improvement Act, 1956 and the Calcutta Metropolitan Water and Sanitation Authority Act, 1966, shall stand amended to the extent and in the manner specified in the Second Schedule to this Act. Ben. Act V of 1911. West Ben. Act XIV of 1956. West Ben. Act XIII of 1966. Preparation of present Land Use Map and Land Register. Notice of the preparation of the Map and the Register. CHAPTER V Preparation of present Land Use Map. 28. 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. (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. 122 The West Bengal Town and Country (Planning and Development) Act, 1979. XIII of 1979.] (Chapter V.—Preparation of present Land Use Map.— Section 30.) (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 objects, 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 the 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. (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 the Map arid 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 Planning Area shall be paid by the concerned authority. Powerof State Government in case of default of the Planning Authority or Development Authority to prepare the Map or the Register. 123 The West Bengal Town and Country (Planning and Development) Act, 1979. [West Ben. Act (Chapter VI.—Preparation of Development Plans and Procedure for their Statutory Approval.—Section 31.) CHAPTER VI Outline Development Plan. Preparation of Development Plans and Procedure for their Statutory Approval. 31. (1) A Planning Authority or Development Authority shall, within two years of the declaration of a Planning Area, prepare a plan (hereinafter called the "Outline Development 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 Outline Development Plan in any area shall be a written statment,— (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) An Outline Development 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 Outline Development Plan may also— (a) (i) indicate broadly the manner in which the 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; 124 The West Bengal Town and Country (Planning and Development) Act, 1979. XIII of 1979.] (Chapter VI.—Preparation of Development Plans and Procedure for their Statutory Approval.—Section 31.) (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 land-scaping; (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, constr
Excerpt shown. Open the full act in Lexace.