The New Town, Kolkata Development Authority Act, 2007

PART 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 	 567 
THE NEW TOWN, KOLKATA DEVELOPMENT 
- AUTHORITY ACT, 2007. 
Short Title, extent and 
commencement. 
Definitions. 
An Act to provide for the planned development in the areas within New Town, 
7Colkata, and for matters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide for the planned development in the areas 
within New Town, Kolkata and for matters connected therewith or incidental 
thereto ; 
It is hereby enacted in the Fifty-eighth Year of the Republic of India, by the 
Legislature of West Bengal, as follows :— 
PART I 
CHAPTER I 
Preliminary 
I. (1) This Act may be called the New Town, Kolkata Development 
Authority Act, 2007. 
(2) It extends to the whole of New Town, Kolkta having the areas described 
in Schedule I. 
(3) It shall be deemd to have come into force on the 28th day of December, 
2006. 
2. (1) In this Act, unless there is anything repugnant in the subject or 
context,— 
(a) "amenity" includes roads, water supply, street h ghting, drainage, 
sewerage, treatment and disposal of sewage, public works, 
tourist spots, open spaces, parks, landscaping and play fields 
and other utilities and such other conveniences as the State 
Government may, by notification, specify to be an amenity for 
the purposes of this Act; 
(b) "Chairman" means the Chairman of the Development Authority; 
(c) "Development Authority" means the New Town, Kolkata 
Development Authority consitituted under section 3; 
(d) "Member" means a Member of the Development Authority; 
(e) "Member-Secretary" means the Member-Secretary of the 
Development Authority; 
(f) "New Town, Kolkata" means the area described in Schedule I; 
(g) "notification" means a notification published in the Official 
Gazette; 
(h) "prescribed" means prescribed by rules made under this Act; 
(i) "Schedule" means a Schedule appended to this Act; 
(j) "settlement area" means and includes the land with the structure 
thereon, occupied by any person. 
568 THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 	 [PART III 
   
 
The New Town, Kolkata Development Authority Act, 2007. 
(Part 11.—Development Authority.—Sections 3-7.) 
(2) Words and expressions, used in this Act and not otherwise defined, shall 
have the meaning respectively assigned to them in the West Bengal Town and 
Country (Planning and Development) Act, 1979 and the West Bengal Municipal 
Act, 1993. 
West Ben. Act 
XIII of 1979. 
West Ben. Act 
XXII of 1993. 
Constitution of 
Development 
Authority. 
PART II 
CHAPTER II 
Development Authority 
3. (1) The State Government shall, by notification, constitute a Development 
Authority for New Town, Kolkata (hereinafter referred to in this Act as the 
Development Authority), for carrying out the purposes of this Act. 
(2) The Development Authority shall consist of— 
 
Powers and 
functions of the 
Chairman. 
Terms of office of 
Chairman, Member-
Secretary and other 
members. 
(a) a Chairman; 
(b) a Member-Secretary; and 
(c) such other members, not exceeding seven, as the State Government 
may deem fit. 
(3) The Chairman, the Member-Secretary and the other members shall be 
appointed by the State Government and shall hold office for a period of five years 
or for such lesser period, as the State Government may deem fit and shall be eligible 
to be re-appointed for a further period not exceeding five years. 
(4) Notwithstanding anything contained in this section, the State Government 
may, at any time, re-constitute the Development Authority. 
4. The Development Authority shall be a body corporate with perpetual 
possession and a common seal, and may, by the name of the Development 
Authority, sue and be sued. 
5. The Chairman shall be the executive head of the Development Authority 
and the development administration of New Town, Kolkata, shall be under his 
control. 
6. (1) The Chairman shall exercise such powers and functions as conferred 
on him by or under this Act. 
(2) The Chairman shall preside over the meetings of the Development 
Authority. 
(3) The Chairman shall allocate the business among the members of the 
Developmet Authority. 
(4) The matters to be discussed at a meeting of the Development Authority 
shall be prepared under the direction of the Chairman and shall be circulated to the 
members of the Development Authority in such manner as the Chairman may 
determine. 
(5) The Chairman shall , if he is of opinion that immediate execution of any 
work is necessary, direct the execution of such work. 
7. (1) The Chairman may, at any time, by giving a notice in writing to the 
State Government, resign his office and the procedure for acceptance or otherwise 
of the resignation shall be such as may be prescribed. 
Development 
Authority shall be a 
body corporate. 
Chainnan to be the 
executive head. 
PART 	
THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 	 569 
Meeting of the 
Development 
Authority. 
Remuneration of 
members of 
Development 
Authority. 
Officer and staff 
of Development 
Authority. 
Appointment of 
officers of State 
Government for 
Development 
Authority. 
The New Town, Kolkata Development Authority Act, 2007. 
(Part IL—Chapter II—Development Authority.—Sections 8, 9.—Chapter III 
—Establishment of Development Authority.—Sections.-10, 11.) 
(2) When-- 
(i) the office of the Chairman falls vacant by reason of death, resignation, 
removal or otherwise, or 
(ii) the Chairman is, by reason of leave, illness or other cause temporarily 
unable to exercise the powers, perform the functions and discharge the 
duties of his office, 
the Member-Secretary shall, exercise the powers, perform the functions and 
discharge the duties of the Chairman until a Chairman is appointed and assumes 
office or until the Chairman resumes his duties, as the case may be. 
(3) In the case of casual vacancies in the office of the Member-Secretary and 
other members caused by death, resignation, removal or otherwise, the State 
Gpvernment may appoint the Member-Secretary and other members, as the case 
maybe. 
8. (1) The Development Authority shall hold meeting at least once in every 
two months reckoned according to the English calendar unless it is necessary and 
expedient to hold meeting more than once during the said period of two months. 
(2) The meeting of the Development Authority shall be presided over by the 
Chairman. In the absence of the Chairman, the members present shall select one 
from amongst themselves to preside over the meeting. 
(3) One-third of the total number of members shall constitute a quorum for a 
meeting of the Development Authority. 
(4) Theprocedure for the conduct ofbusiness at the meeting ofthe Development 
Authority shall be such as the Development Authority may, by regulations, 
determine. 
9. The non-official members of the Development Authority shall receive 
such remuneration or allowance as may be prescribed. 
CHAPTER III 
Establishment of Development Authority 
10. The Development Authority shall have the following officers:— 
(a) an Executive Officer; 
(b) Executive Engineers and Architects; 
(c) Finance Officers; 
(d) a Secretary; 
(e) Accountants; 
(f) such other officers and staff as may be designated by the State 
Government in this behalf: 
Provided that the State Government may increase or reduce the number of 
posts of officers as aforesaid. 
11. Notwithstanding anything contained elsewhere in this Act, the State 
Government may appoint for the Development Authority, on deputation, an officer 
of that Government, possessing such qualifica .tins as that Govemment may 
determine, as Executive Officer, Engineer, or Finance Officer, referred to in 
section 10, or with such other designation as the State Government may consider 
necessary, and in such manner, and on such terms and conditions, as that 
Government may determine in this behalf. 
570 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 	 [PART III 
Obligatory 
functions. 
The New Town, Kolkata Development Authority Act, 2007. 
(Part IL—Chapter III. 	 Establishment of Development Authority.— 
Sections 12-15.—Chapter IV—Powers and Functions.—Section 16.) 
12. The officers and other employees ofthe Development Authority shall be 
subject to such terms and conditions of service as may be prescribed. 
13. (1) The officers and other employees of the Development Authority 
shall receive such pay and allowances as the State Government may, by order, 
determine. 
(2) The pay and allowances of the officers and other employees of the 
Development Authority shall be paid out of the Fund of the Development 
Authority. 
(3) The State Government may make such contribution towards the salary 
and allowances of the officers and other employees of the Development Authority 
as that Government may, by order, determine. 
14. The Development Authority may provide for Provident Fund, Pension 
and retiring gratuity in respect of, and award of reward or penalty to, officers and 
other employees ofthe Development Authority in accordance with such nonns,and 
subject to such conditions, as may be prescribed by the State Government. 
15. (1) Subject to the provisions of section 11, appointment to the posts of 
officers referred to in section 10 shall be made by the Development Authority. 
(2) The Development Authority may also appoint any person, who has retired 
from any post under the State Government or a Government undertaking on 
attaining the age of superannuation, to any of the posts of officers, referred to in 
section 10, on contract basis which shall state specifically the terms and conditions 
of appointment : 
Provided that the Development Authority shall be under no obligation to 
appoint such person on permanent basis. 
(3) Notwithstanding anything contained in any other law for the time being in 
force or in the provisions of this Act, the Development Authority may use the 
services of any person, firm, society, co-operative society or Company in respect 
of any particular jobs, for a particular period, or for particular purpose subject to 
such terms and conditions as may be prescribed by the State Government. 
CHAP 	tER IV 
Powers and Functions 
16. It shall be the obligation of the Development Authority to make 
reasonable and adequate provision and in accordance with the rules prescribed for 
the following matters within its territorial limits and the financial means at its 
disposal:— 
(1) in the sphere of public works,— 
(a) providing by itself or by an agency, means for supply of water for 
public and private purposes; 
(b) construction, maintenance and cleansing of sewers and drains, 
sewerage and drainage works; 
{c) construction, maintenance, „alteration and improvement of public 
streets and street furniture, bridges and culverts, fly-overs, sub-
ways, cause-ways and the like; 
(d) lighting of public streets and other public places; 
(e) planting and care of trees on road-side and elsewhere; 
Terms and conditions of 
service of officers and 
other employees of 
Development Authority. 
Pay and allowance of 
officers and other 
employees of 
Development 
Authority. 
Provident Fund, 
Pension and retiring 
gratuity, etc, of officers 
and other employees of 
Development 
Authority. 
Power of Development 
Authority to appoint 
officers and staff or to 
take alternative 
measures. 
PAR1 111 
	 THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 
	 571 
The New Town, Kolkata Development Authority Act, 2007. 
(Part II—Chapter IV—Powers and Functions.—Sections 17, 18.) 
(2) in the sphere of town planning and development,— 
(a) devising town planning within the limits of the area of New Town, 
Kolkata in accordance with the laws relating to town planning for the 
time being in force; 
(b) planned development of the border areas of New Town, Kolkata in 
accordance with the laws applicable for the purpose; 
(c) laying out and maintenance of public parks, squares, gardens, water 
bodies and recreation areas; 
(d) control of regular lines of streets; 
(e) control of all building operations and regulation of building uses; 
(f) co-ordination of all over-ground rights enjoyed by service agencies; 
(g) co-ordination-of activities of agencies relating to laying and mainte-
nance of underground pipelines, tubes, cables and the like; 
(h) re-development of congested areas for providing better living condi-
tions; 
(i) planned development of new areas for human settlement; 
(j) preservation of monuments and places of historical, artistic or other 
importance; 
(k) measures for-beautification of the township by setting up fountains 
and statues, providing recreational areas, improving canal banks, 
landscaping and the like. 
Transfer of functions 
and duties of the 
State Government. 
Power to transfer any 
"function of the 
Development Authority 
under the Act to any 
organisation. 
17. Notwithstanding anything contained elsewhere in this Act or in any 
other law for the time being in force, the State Government may, subject to such 
conditions as it may think fit to impose, transfer to the Development Authority, by 
an order published in the Official Gazette,any of the functions and duties relating 
to Government under any law which the State Legislature is competent to enact or 
which is otherwise within the executive power of the State. 
18. Notwithstanding anything contained in this Act or in any other law for 
the time being in force, the Development Authority may, if it is of opinion that it 
is necessary so to do in the public interest, transfer by contract or otherwise, with 
the prior approval of the State Government, any function or functions of the 
Development Authority under this Act to any ontanisation including a Govern-
ment Organisation, in such manner, and on such terms and conditions, as may be 
determined by the DeVelopment Authority and approved by the State Government: 
Provided that such transfer of function or functions of the Development 
Authority to such organisation shall not absolve the Development Authority from 
the responsibility of carrying out the provisions of this Act in relation to the 
function or functions so transferred. 
Explanation.—" Government Organisation" shallmean an organisation main-
tained or managed by the State Government or any other company owned by the 
Government. 
572 THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 	 [PART III 
Development Fund and 
the application thereof. 
Opening and operation 
of bank account 
Annual budget 
estimate of the 
Development 
Authority. 
The New Town, Kolkata Development Authority Act, 2007. 
(Part 111.—Finance.—Chapter V.—A. Development Fund.—Sections 19- 22.—
B. Budget.—Section 23.) 
PART III 
FINANCE 
CHAP 	1ER V 
A. Development Fund 
19. (1) There-shall be constituted for the Development Authority a fund to 
be called Development Fund for New Town, Kolkata (hereinafter referred to in this 
Act as the Development Fund) to be held by the Development Authority for the 
purposes of the Act and all moneys realised or realisable under this Act and all 
moneys otherwise received by the Development Authority shall be credited 
thereto. 
(2) All moneys credited to the Development Fund shall be applied for 
payment of all sums, charges and costs necessary for carrying out the purposes of 
this Act and the rules and the regulations made thereunder or for payment of all 
sums payable out of the Development Fund under any other law for the time being 
in force. 
„ (3) No payment of any sum shall normally be made out of the Development 
Fund unless such expenditure is covered by a current budget grant and sufficient 
balance of such budget is available for the purpose. 
(4) Whenever a sum is paid for the purposes not coveredby the budget grant, 
the matter shall forthwith be communicated to the Development Authority which 
shall take such action under the provision of this Act as may appear to it to be 
feasible and expedient for covering the amounts of such payment. 
20. (1) The Development Authority shall open an account with a National-
ized Bank and shall'operate such account. 
(2) The Development Authority shall have the power to invest in fixed 
deposit in such Bank. 
(3) All moneys received on account of the Development Fund shall be paid 
into the said B ank and all transactions shall be made by the Development Authority 
through the account with the said Bank. 
(4) The Member-Secretary shall operate the account with the Bank jointly 
with a member, or an officer of the Development Authority, as-maybe authorised 
i41 this behalf by the Development Authority. 
21. The State Government may give grants or fmancial assistances to the 
Development Authority with or without direction as to the manner in which the sum 
shall be applied. 
22. Subject to the provisions of Local Authorities Loans Act, 1994, the 
Development Authority may, with the prior permission of the State Government, 
obtain loan from any fmancial institution of repute or Nationalized Bank or such 
other lending institution as the State Government may approve in this behalf, and 
the State Government may, if it considers necessary so to do, stand as guarantor 
for payment of such loan. 
B. Budget 
23. (1) The Development Authority shall prepare a budget estimate for a 
financial year in such form as may be prescribed at least one month before the 
commencement of such financial year. 
Explanation--"Financial year" shall mean the year commencing on the 
first day of April. 
(2) All expenditure from the Development Fund shall be made in accordance 
with the provisions in the budget estimate. 
Financial assistance 
from the State 
Govermment 
Loans. 
9 of 1914. 
PART III] 	 THE KOLKATA GAZE I 1E, EXTRAORDINARY, JUNE 30, 2008 	 573 
The New Town, Kolkata Development Authority Act, 2007. 
(Part 111.—Finance.—Chapter VI.—Accounts and Audit.—Sections 24- 26.) 
CHAPTER VI 
Accounts and Audit 
24. The accounts of all financial transactions of the Development Authority 
shall be kept in such manner and in such form as the State Government may 
prescribe. 
25. (1) The accounts of the Development Authority shall be audited by the 
State Government or by the Auditors appointed in that behalf by it. 
(2) The Member-Secretary shall submit accounts to the Auditors as re-
quired by them. 
(3) The Auditors so appointed may— 
(a) require, by written notice production before them or before any 
officer subordinate to them of any document, which they consider 
necessary for the proper conduct of audit; 
(b) require, by written notice, any person, accountable, for or having the 
custody or control of, any documents, to appear in person before 
them or before any officer subordinate to them; 
(c) require any person so appearing before them or before any officer 
subordinate to them to make and sign a declareation with respect to 
such documents or to answer any question or to prepare and submit 
any statement; and 
(d) cause physical verification of any stock of articles in course of 
examination of accounts. 
Accounts to be kept. 
Appointment and 
power of the Auditors. 
Audit report. 
(4) The Auditor may, after giving the person concerned an opportunity of 
being heard, disallow any item of accounts contrary to the provision of this Act and 
surcharge the amount of any illegal payment on the person.making or authorising 
it, and charge against anyperson responsible therefor the amount of any deficiency 
or loss incurred by the negligence or misconduct of such person or any amount 
which ought to have been, but is not, brought into accounts by such person, and 
shall, in every such case, certify the amount due from such person: 
Provided that any person aggrieved by an order of payment of certified sums 
may appeal to the State Government whose decision on such appeal shall be final. 
(5) Any person who wilfully neglects or refuses to comply with the requisition 
made by an Auditor shall, on conviction by a court be punishable with fine which 
may extend to one thousand rupees in respect of each item included in the 
requisition. 
26. (1) As soon as practicable after the completion of the audit, but not later 
than three months thereafter, the Auditor shall prepare the report on the accounts 
audited and examined, and shall send such report to the Chairman and a copy 
thereof to the Member-Secretary or such other officers as the State Government 
may direct. 
(2) The Auditor shall include in his resport a statement showing— 
(a) every payment which appers to him to be contrary to law, 
(b) account of any deficiency or defalcation or loss which appears to have 
been caused by the gross negligence or misconduct of any person, 
(c) the account of any sum received, which ought to have been, but have not 
been, brought into any account by any person, 
574 	
THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 
	 [PART III 
The New Town, Kolkata Development Authority Act, 2007. 
(Partia—Finance.---Chapter VI—Accounts and Audit.—Sections 27- 31.) 
(d) any other material impropriety or irregularity which may be observed 
in the accounts. 
Chairman to remedy 
the defects upon audit 
report. 
27. (1) The Chairman shall, in consultation with the other members of the 
Development Authority, forthwith remedy any defect or irregularity that may be 
pointed out by theAuditor in his audit report and shall report to the State 
Government or such other officers as the State Government directs: 
Provided that if there is a difference of opinion between the Development 
Authority and the Auditor, the matter may be referred to the State Government. 
(2) The State Government may pass such order upon the audit report as it 
thinks fit for compliance by the Development Authority. 
28. If any order made by the State Government under this Chapter is not 
complied with, it shall be lawful for the State Government to take such step as it 
thinks fit to secure the compliance of the order and direct that all expenses therefor 
shall be defrayed from the Development Fund. 
29. In addition to the audit mentioned hereinabove, the.  State Government 
may, if it thinks fit, appoint an auditor to conduct a special audit pertaining to a 
specified item or series of items requiring thorough examination, and the proce-
dure relating to audit shall also apply mutatis mutandis ito such special audit. 
30. The State Government may by rules prOvide for internal audit of the day 
to day accounts of the Development Authority in such manner as it thinks fit. 
31. (1) The Development Authority shall, at its first meeting in each year or 
in its next meeting which shall be held within a period of thirty days from the date 
of its first meeting in that year, constitute an Accounts Committee of the Develop-
ment Authority: 
Provided that the State Government may, on an application by the Chairman 
and for reasons to be recorded in writing, extend the period as aforesaid by such 
period not exceeding thirty days as the State Government may think fit. 
(2) The Accounts Committee of the Development Authority shall consist of 
such numbers, not being less than three and not more than five, as the Development 
Authority may determine, to be selected by the members from amongst them-
selves: 
Provided that the Chairman and the Member-Secretary shall not be the 
member of the Accounts Committee of the Development Authority. 
(3) The Devcelopment Authority may associate with the Accounts Commit-
tee of the Development Authority such persons having special knowledge in public 
accounts and administration, not being members and not exceeding one-half of the 
members in such committee, and for such terms, as it thinks fit. Such persons shall 
not have the right to vote at the meeting of the Accounts Committee of the 
Development Authority. • 
(4) The members of the Accounts Committee of the Development Authority 
shall elect from among themselves one member to be its convenor. 
(5) The members of the Accounts Committee of the Development Authority 
shall hold office until a new Committee is constituted. 
(6) Subject to the provisions of this Act and the rules and the bye-laws made 
thereunder, it shall be the duty of the Accounts Committee of the Development 
Authority— 
(a) to examine the accounts of the Development Authority; 
(b) to examine and scrutinise the report on the accounts of the Develop-
ment Authority by the Auditor appointed under this Chapter; 
Power of the State 
Government to 
enforce an order upon 
audit report. 
Special audit. 
Internal audit. 
Accounts Committee 
of Development 
Authority. 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 	 575 
The New Town, Kolkata Development Authority Act, 2007. 
(Part III—Finance.—Chapter VI. Accounts and Audit.—Sections 32-34.) 
Payment of certified 
amount. 
Effect of non-payment 
of certified amount. 
Power of the State 
Government to make 
rules. 
(c) to examine and scrutinise the report of special audit, if any; 
(d) to examine and scrutinise the report ofphysical verification of stock, 
if any; 
(e) to submit report to the Development Authority every year and from 
time to time on such examination and scrutiny; 
(f) to discharge such other functions as may be entrusted to it by the 
Development Authority. 
(7) The Accounts Committee of the Development Authority may call for any 
book or document and send for such officer of the Development Authority as it 
may consider necessary for explaining any matter in connection with his work. 
(8) The manner of transaction of business of the Accounts Committee of the 
Development Authority shall be such as may be determined by it. 
32. (1) Where an amount is certified , under sub-section (4) of section 25, 
to be due from any person, such amount shall be paid within three months from the 
date of certificate under that section. 
(2) When a person appeals to the State Government under the proyiso to sub-
section (4) of section 25, the amount shall, if any, as decided by the State 
Government, be paid within a period of not less than three months from -the date 
of such decision, as the State Government may allow. 
(3) The amount shall, as decided under sub,sections (1) and (2), be recover-
able by the Chairman. 
33. Where a person, from whom an amount is certified to be due under sub-
section (4) of section 25, is an officer or employee of the Development Authority 
and where such person has not paid such amount within three months from the date 
of such certificate, or where an amount, declared to be due from such person under 
the proviso to sub-section (4) of section 25, has not beenpaid by such person within 
such.period not less than three months from the date of such declaration as may be 
allowed to him under section 32, such person shall be subject to such disciplinary 
proceedings as the State Government may prescribe. 
34. (1) The State Government may make rules for the purposes of carrying 
out the provisions of this Chapter. 
(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 manner and form in which the accounts of the Development 
Authority shall be kept; 
(b) the time within which, and the manner, in which, the matter referred 
to in the proviso to sub-section (4) of section 25, shall be referred to 
the State Government; 
(c) the manner of serving certificate under sub-section (4) of section 25; 
(d) any other matter which may be or is required to be prescribed under 
the provisions of this Chapter. 
[PART III 
576 	
THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008.  
M New Town, Kolkata Development Authority Act, 2007. 
(Part IV—Development Charge and Property of Developinent At'ithority.—
Chapter V7I—Fees and charges.—Sections 35,36.—Chapter VIM—Property 
of Development Authority.—Sections 37,38.) 
PART IV 
DEVELOPMENT CHARGE AND PROPERTY OF 
DEVELOPMENT AUTHORITY 
CHAPTER VII 
Fees and charges 
35. (1) TheDeveloprnent Authority may, with the previous sanction of the 
State Government, levy a charge, to be called development charge, for having of carried out, or for carrying out in future, any work of development in the area  
New Town, Kolkata. 
(2) Subject to the provisions of sub-section (1), the development charge shall 
be assessed, and shall be leviable, on the owner or the occupier of any land within 
the jurisdiction of the Development Authority, at such rate as may be determined 
by the Development Authority. 
(3) The development charge under this section shall be the first charge upon 
the land as -aforesaid after land-revenue and shall be recoverable as an arrear of 
land-revenue. 
(4) The development charge realized by the Development Authority under 
this section shall be credited to the Development Fund, and the Developmnt 
Authority shall have the power to incur expenditure from the Development Fund 
from time to time on any work of development in the area of New Town, Kolkata. 
36. (1) The Development Authority may, with the previous sanction of the 
State Government, levy a charge to be called amenity charge, for providing such 
amenity to the whole or any part of the area ofNew Town, Kolkata and at such rate, 
as may be approved by the State Government. 
(2) The amenity charge realized by the Development Authority under this 
section shall be credited to the Development Fund, and the Development Authority 
shall have the power to incur expenditure from the Development Fund from time 
to time for the purpose of providing better amenity to any area within New Town, 
Kolkata. 
Levy, assessment and 
recovery of 
development charge. 
Levy, assessment and 
recovery of amenity 
charge. 
Power to acquire and 
hold property. 
Vesting of property 
CHAPTER VIII 
Property of Development Authority 	 • 
37. The Development Authority shall, for the purposes of this Act, have 
power to acquire, by gift, purchase or otherwise, and hold, movable and immov-
able property or any interest therein, whether within or outside the limits of the New 
Town, Kolkata. 
38. Notwithstanding anything contained in any other law for the time being 
in force, the movable and immovable properties of the following catergories within 
the limits of New Town, Kolkata shall vest in the Development Authority, unless 
the State Government otherwise directs by a notification in the Official Gazette:— 
(a) all vested public lands not belonging to any Government Department 
or the statutory body or corporation; 
(b) all public tanks, streams, reservoirs and wells; 
(c) all public markets and slaughter houses; 
(d) all public sewers and drains, channels, tunnels, culverts and water 
courses in, alongside or under, any street; 
(e) all public streets and pavements, stones and other materials, and also - 
trees on susch public streets or pavements not belonging to any 
private individual; 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 	 577 
Acquisition of property 
by Development 
Authority by 
agreement, exchange, 
lease, grant, etc. 
Disposal of property. 
Inventory of properties 
of the Development 
Authority. 
The New Town, Kolkata Development Authority Act, 2007. 
(Part IV.— Development Charge and Property of Development Authority.— 
Chapter 	 Property of Development Authority.—Sections 39-41.) 
(f) all public parks and gardens, including squares and public open 
spaces; 
(g) all public ghats or rivers or streams or tanks; 
(h) all public lamps, lamp posts and apparatus connected therewith or 
appertaining thereto; 
(i) all public places for disposal of the dead, excluding those governed 
by any specific law in this behalf; 
(j) all solid and liquid wastes collected on public street or public place, 
including dead animals and birds; 
(k) all stray animals not belonging to any private persons. 
39. (1) The Development Authority may, on such terms and conditions as 
may be approved by it, acquire by agreement— - 
(a) any immovable property, 
(b) any easement affecting immovable property. 
(2) The Development Authority may also acquire a property by exchange on 
such terms and conditions as-may be approved by it. 
(3) The Development Authority may also hire or take on lease immovable 
property on such terms and conditions as may be approved by it. 
(4) The Development Authority may receive, any grant or dedication by 
donor, whether in the form of any income or any movable or immovable property, 
by which any obligatoryfuriction ofthe Development Authority may be benefited. 
(5) It shall be lawful for the Development Authority to be the beneficiary of 
any trust created under the Charitable and Religious Trusts Act, 1920 or the Indian 
Trusts Act, 1882. 
40. The property belonging to the Development Authority may be disposed 
of in the manner provided in this section, namely:— 
(a) the Development Authority may sell, or grant lease of, or otherwise 
dispose of, by public auction, any movable property belonging to the 
Development Authority; 
(b) the Development Authority, with the prior approval of the State 
Government may, for valuable consideration, let out on hire, grant 
lease, or sell or otherwise transfer, any immovable property belong-
ing to the Development Authority but not required for carrying out 
the purposes of this Act; 
the Development Authority shall not transfer any immovable prop-
erty vested in it by virtue of this Act, but shall cause the same to be 
maintained, controlled and regulated in accordance with the provi-
sions of this Act and the rules and the regulations made thereunder: 
Provided that the State Government may authorise, in the public 
interest, the disposal of such immovable property by the Develop-
ment Authority if such authority so requires for reasons to be 
recorded in writing. 
41. (1) The Development Authority shall maintain an inventory of the 
movable and immovable properties of the Development Authority in such form 
and in such manner as may be prescribed. 
(2) The Development Authority shall, in the case of the inventory of an 
immovable property, prepare an annual statement along with the reference therein. 
(3) Such statement shall be included as an appendix to the annual administra-
tion report of the Development Authority. 
(c) 
14 of 1920. 
2 of 1882. 
578 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 	 [PART III 
Power to classify 
public and private 
streets. 
Vesting of public 
streets, parking 
terminals, 
squares, parks 
and gardens in the 
Development 
Authority. 
Power to the 
Development 
Authority in 
respect of control 
of public streets, 
etc. 
Rights of way 
for underground 
utilities. 
The New Town, Kolkata Development Authority Act, 2007. 
(Part V—Regulatoty Jurisdiction.—Chapter IX.—Streets and 
public places.-- Sections 42-45.) 
PART V 
REGULATORY JURISDICTION 
CHAPTER IX 
Streets and public places 
42. 	 The Development Authority may classify public and private streets 
into arteria road, connecting road, service road, passage, pathway, lane and by-
lane and specify the width of each class in accordance with such rules as may be 
made in this behalf. 
43. (1) All public streets, bus, taxi or rickshaw stand or other parking or 
transportation terminals, squares, parks and gardens within the area -of New 
Town, Kolkata including the soil, sub-soil, side-drains, footpaths, pavements, 
stones and other materials, and all erections and trees provided therein shall vest 
in the Development Authority. 
(2) The State Government may, for reasons to be recorded in writing, by 
notification withdraw from the Development Authority any public street, square, 
park or garden, or transportation terminal and transfer the same for a limited 
period to any other agency for development or maintenance thereof in public 
interest. 
(3) The Chairman shall maintain a register in such form and in such manner 
showing a list of all public streets, parking or transportation terminals, squares, 
parks and gardens and other properties vested in the Development Authority 
including those transferred to other agencies under sub-section (2). 
44. (1) All public streets, parking or transportation terminals, squares, 
parks and gardens vested in the Development Authority shall be under the control 
of the Development ,  Authority which shall cause the same to be maintained, 
controlled and regulated in accordance with the provisions of this Act and the 
rules and regulations made thereunder. 
(2) The Development Authority shall cause all public streets vested in the 
Development Authority to be levelled, metalled, paved, channelled or altered or 
repaired, widened, extended or otherwise improved or cause the soil thereof to be 
raised, lowered or altered, and may place and rep air fences and posts for the safety 
of pedestrians. 
(3) The Development Authority shall cause various items of street furniture, 
including guard rails, traffic lights and traffic signs, streets markings, median 
strips and similar other items to be installed or done for public safety, convenience 
and expeditious movement of traffic, including pedestrian traffic. 
(4) The Development Authority may, for any public purpose, turn, divert or 
temporarily or permanently close any public street or park thereof or permanently 
close any public square or garden : 
Provided that the Development Authority so closing any street, shall not do 
so for mere financial gain and shall be bound to provide resonable means of access 
to persons occupying premises adjacent to such street. 
45. Subject' to the provisions of the Indian Telegraph Act, 1885, the 
Electricity Act, 2003, and such other Acts as .may be notified by the State 
Government for the purposes of this section, the State Government may by rules 
provide for the following : - — 
13 of 1885. 
36 of 2003. 
PART III] 
	 THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 	 579 
Restrictions on 
erection of , or 
addition to, buildings 
or walls within street 
alignment or 
building-line. 
The New Town, Kolkata Development Authority Act, 2007. 
(Part V—Regulatory Jurisdiction.—Chapter IX.--Streets and 
public places.— Sections 46-48.) 
(a) the sanction by the Development Authority of specific rights of way 
in the sub-soil of public and private streets within the area of New 
Town, Kolkata for different public utilities, including electric supply, 
telephone or other telecommunication facilities, gas pipes, water-
supply, sewerage and drainage, shopping plazas, warehousing facilities 
and apparatus and appurtenances related thereto, provided by 
Government or any statutory body or any licensee under any of the 
said Act ; 
(b) the levy of any fee or charges permissible under any of the said Acts ; 
(c) the furnishing to the Development Authority of maps, drawings and' 
statements, which shall enable it to compile and maintain precise 
records of the placement of the underground utilities within or without 
the limits of the area of New Town, Kolkata. 
46. The Chairman shall cause to be maintained complete survey maps, 
drawings and descriptions of all the underground utilities within the area of New 
Town, Kolkata in such form and in such manner, as may be prescribed, and shall 
ensure the secrecy of such survey maps, drawings, and descriptions in conformity 
with the provisions of the Official Secrets Act, 1923. 
47. (1) If the Development Authority considers it expedient to make 
regulation for any public street a building-line or a street alignment, or both a 
building-line and a street alignment, it shall give public notice of its intention to 
do sb. 
(2) Every such notice shall specify a period within which objections will be 
received, and a copy of such notice shall be sent by post to every owner of 
premises abutting on such street who is registered in respect of such premises on 
the books of the Development Authority : 
Provided that the failure or omission to serve such notice on any of the owners 
shall not invalidate the proceedings under this section. 
(3) The Development Authority shall consider all objections received within 
such period as it may fix in this behalf, and may then make regulation determining 
a building-line or a street alignment or both a building-line and a street alignment 
for such public street. 
(4) A register or book with plans attached shall be maintained by the 
Chairman showing all public streets within the area of New Town, Kolkata 
including, in particular, those in respect of which a building-line or street 
alignment has been determined by regulation, and such register shall maintain 
such particulars as the Development Authority may determine and shall be open 
to inspection by any person upon .payment of such fee as may be fixed by the 
Development Authority. 
48. (1) No portion of any building or boundary wall shall be erected or 
added to within such street alignment as the Development Authority may 
determine by regulation under section 47 : 
Provided that the Development Authority may, at its discretion, permit 
additions to a building to be made within a street alignment, if such additions 
merely add to the height of, and rest upon, an existing building or wall, upon the 
owner of the building executing an agreement binding himself and his 
successors-in-interest— 
(a) not to claim compensation in the event of the Development Authority 
at any time thereafter acquire calling upon him or such successors-in- 
Power to maintain 
maps of under-
ground utilities. 
Power to 
prescribe 
building-line and 
street alignment. 
19 of 1923. 
580 
 
THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 30, 2008 [PART III 
 
The New Town, Kolkata Development Authority Act, 2007. 
(Part V—Regulatory Jurisdiction.—Chapter IX—Streets and 
public places.— Sections 49-51.) 
interest, by a notice, in writing, to remove any addition made to any 
building in pursuance of such permission, or any portion thereof, and 
(b) to pay the expenses of such removal. 
(2) If the DevelopmentAuthority refuses to grant the permission to add to any 
building on the ground that the proposed site falls wholly or in part within a street 
alignment referred to in section 47, and if such site or the portion thereof which 
falls within such alignment is not acquired by the Development Authority within 
one yeir after the date of such refusal, it shall pay reasonable compensation to the 
owner of the site. 
(3) No person shall erect or add to any building between a street alignment 
and the building-line without first obtaining the permission of the Development 
Authority to do so. 
(4) If the Development Authority grants permission under sub-section (3), it 
may require the applicant to execute an agreement in accordance with the proviso 
to sub-section (1). 
49. (1) The Development Authority may, for sufficient reasons,— / 
(a) prohibit vehicular traffic in all public streets or any public street or any 
portion of street so as to prevent danger, construction, or inconve-
nience to the public, or to ensure quietness in any locality; 
(b) prohibit, in respect of all public streets or any particular public street, 
the transit of any vehicle of such type form, construction, weight, 
emission or size, or of any vehicle laden with such heavy or unwidely 
object, as is likely to cause injury to the roadways or any construction 
thereon, or of any vehicle for public convenience, except under such 
conditions as to time, mode oftraction or locomotion, use of appliances 
for the protection of roadways, number of lights and assistants, and 
other general precautions, and upon the payment of such charges, as 
may be specified by the Development Authority generally or 
specifically in each case ; 
(c) prohibit, at all times or during any particular hours, entry from, or exit 
to, premises of vehicular traffic from any particular public street 
carrying such traffic. 
(2) Notices of prohibition under sub-section(1) shall be posted in conspicuous 
places at or near both ends of public streets or portions thereof to which they 
relate, if such prohibition applies generally to all public streets ; otherwise such 
notices may be advertised. 
50. (1) The Development Authority may declare a public street or a portion 
of it as a fee parking area. 
(2) Parking fee may be levied for each hour at such rate, and for such types 
of vehicles parked in different areas or for parking on different categories of 
streets at different hours of the day, as the Development Authority may determine. 
51. (1) The Development Authority may itself or by an Officer authorized 
by it in writing, in this behalf, without notice-- 
(a) remove, alter or otherwise deal with any structure, wall, hoarding, 
scaffolding, fence, rail, post, platform or other prof ection, obstruction 
or encroachment which, without first obtaining its permission, in 
writing, has been erected or set up in, over, above or upon any public 
street, house-gully, sewer, drain, aqueducts, water-course, or ghat, 
(b) r

Excerpt shown. Open the full act in Lexace.

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