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State of West Bengal - Section

Section 296 in West Bengal Municipal Act, 1993

296. Power to acquire land or building for orderly growth.

- Subject to the provisions of this Act, the Board of Councilors may acquire any land or building. whether situated within or outside the municipal area, for the purpose of-(i)opening out any congested or unhealthy area or otherwise improving any portion of the municipal area; or(ii)erecting sanitary dwellings or providing site and services for the working and poorer people; or(iii)executing any development plan or scheme to provide for the growth of the municipal area in an orderly manner, including housing programme for different sections of the community.C. Planning and regional development[297. Preparation of Draft Development Plan. - (1) The Board of Councilors shall prepare a Draft Development Plan for the municipal area or notified area, as the case may be, in consultation with the District Planning Committee for a period of five years, and shall submit to the Urban Development Sub-Committee at least one year before completion of the term of the preceding Draft Development Plan :Provided that a Municipality or Notified Area Authority shall prepare the first Draft Development Plan in accordance with the directions of the District Planning Committee.
(2)The Draft Development Plan for any municipal area or notified area shall be a written statement, and shall include-
(a)the schemes of the Municipality or the Notified Area Authority for the development and other use of land or for any description of development or other use of such land including, in either case, such measures as the Municipality or the Notified Area Authority thinks fit for the improvement of the physical environment;
(b)detailed and specific scheme of the Municipality or the Notified Area Authority for conducting development programmes on all or any of the points specified in clauses (1), (2) and (3) of section 63, section 64 and sub-section (2) of section 65;
(c)such maps and diagrams as the Municipality or the Notified Area Authority thinks appropriate;
(d)existing land use pattern in maps or documents;
(e)the scheme for future land use control by way of -
(i)identification and preservation of open spaces;
(ii)prohibition of filling up of tanks or water courses;
(iii)filling up of insanitary water courses;
(iv)protection of land surface through which sub-soil water sources are re-charged;
(v)provision for drainage network and outfalls;
(vi)provision of dumping grounds for solid wastes disposal;
(vii)street alignment;
(viii)provision for burning and burial grounds;
(ix)reclamation of waste lands; or
(x)providing activities of similar nature;
(f)regulation and restriction of sites for construction of buildings, huts or structures for the purposes of safety, disinfection, density control or pollution control;
(g)scheme for environmental improvement by way of restriction on falling of trees, planting of new trees and flowering of plants in public places and adding of house greenery and the like;
(h)scheme for control of pollution relating to water, soil, air, noise and odour;
(i)scheme for acquisition of land for the purpose of ensuring that the benefits of development activities are reaped by public, institutions for community-welfare and not for speculative gains by private individuals.
(3)If the preceding Draft Development Plan has not been fully implemented, a statement shall be annexed with the Draft Development Plan, showing the due quantum of work and the reasons for such non-completion] [Substituted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998][Inserted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995.]
Prior to substitution the Section read as;297. Power of Municipality to plan for the region.- (1) Subject to the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act 13 of 1979), the State Government may by notification, declare an area to be an Urban Development Region of a Municipality comprising-(i) the area within the jurisdiction of the Municipality, and(ii) such other drainage areas adjoining and around the municipal area as may be deemed necessary to be included therein by the State Government.(2) Whenever an Urban Development Region of a Municipality has been so declared, the Municipality may prepare a master plan for upgradation of the human settlements within such region.
[298. Financial statement in regard to Draft Development Plan. - A financial statement shall be submitted with the Draft Development Plan containing-
(a)detailed particulars about the quantum of finance available for conducting the development programme under the said Draft Development Plan from-
(i)own resources of the Municipality or the Notified Area Authority, as the case may be, with source-wise break-ups; and
(ii)corporate sector or household sector;
(b)the following particulars in detail :-
(i)credit plan or the terms and conditions for availing of the finance from corporate sector or household sector;
(ii)sources of fund for repayment of credit, if taken from corporate sector or household sector and the manner of repayment; and
(c)if the Municipality or the Notified Area Authority, as the case may be, thinks it proper to transfer any function of the Municipality or the Notified Area Authority in relation to the implementation of the Draft Development Plan to any organization including Government organization within the meaning of section 66, a statement containing the list of the function or the functions to be transferred, the manner of transfer, and the terms and conditions of such transfer.]
[Substituted by the West Bengal Act 32 of 1997, w e.f. 18.3.1998]
Prior to substitution the Section read as;298. Preparation of a master plan.- A master plan for the Urban Development Region may provide for all or any of the following :(a) existing land use pattern in maps or documents;(b) future land use control by way of -(i) identification and preservation of open spaces, or(ii) prohibition of filling up of tanks or water-sources. or(iii) filling up of insanitary water-sources, or(iv) protection of land surface through which sub-soil water-sources are recharged, or(v) provision for drainage network and outfalls, or(vi) provision for dumping grounds for solid wastes disposal, or(vii) street alignments, or(viii) provision for burning and burial grounds, or(ix) reclamation of waste lands, or(x) providing activities of similar nature;(c) regulation and restriction of sites for construction of buildings, huts or structures;(d) regulation of licensing of premises to be used for non-residential purposes;(e) regulation of construction of buildings, huts or structures for purposes of safety and densification or density control;(f) environmental improvement by way of restriction of felling of trees, planting of new trees and flowering plants in public places and adding to house greenery and the like;(g) control of pollution relating to water, soil, air, noise and odour etc.;(h) land acquisition for the purpose of ensuing that the benefits of developmental activities are reaped by public bodies for community welfare and not for speculative gains by private individuals.
[299. Modification of Draft Development Plan. - The Board of Councilors may, at any time but not more than once in every three years, propose to the District Planning Committee any revision or modification of the Draft Development Plan.] [Substituted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998]
Prior to substitution the Section 299 read as;299. Urban Development Committee.- (1) The State Government may, for the purpose of formulation of a master plan for an Urban Development Region or implementation of any project or scheme in pursuance thereof or for carrying out any activity arising out of it, constitute an Urban Development Committee or Urban Development Committees for any area or outside the municipal area.(2) Whenever any Urban Development Committee is constituted. it shall be incumbent upon the Board of Councilors to consult it in all matters of preparation of any master plan and entrust to it all items of implementation so far as they relate to areas outside the municipal area.
[300. Annual Development Plan. - (1) The Board of Councilors shall prepare an Annual Development Plan for a period of one financial year, covering only the relevant portion of the Draft Development Plan for the concerned period, in consultation with the District Planning Committee, and submit the same to the State Government within the last week of the month of October of the year preceding the period for which the Annual Development Plan shall be prepared.
(2)The Annual Development Plan shall be prepared in accordance with the provisions of sub-section (2) of section 297 and section 298, which shall apply mutatis mutandis.
(3)The State Government shall, on receipt of the Annual Development Plan, consider it in the light of the availability of fund for the purpose and shall, thereafter, approve the Annual Development Plan with necessary modification, if any.
(4)The Board of Councilors shall, within six months from the date of receipt of plan grant under sub-section (3) of section 71, submit a report, stating the progress of work towards implementing the Annual Development Plan, either in full or in part, for which the said grant was sanctioned.
(5)The Board of Councilors may, at any time but not more than once, revise or modify the Annual Development Plan with the approval of the State Government:Provided that any modification or revision of the Annual Development Plan shall not contain anything which is not included in the Draft Development Plan for the period to which the Annual Development Plan relates.] [Substituted by West Bengal Act 32 of 1997 w.e.f. 18.3.1998]
300. Panchayats as Urban Development Committees.- Notwithstanding anything contained in the West Bengal Panchayat Act, 1973 (West Ben. Act XII of 1973), State Government may vest the powers of an Urban Development Committee in a Gram Panchayat constituted under section 4 or a Joint Committee appointed under section 30, or a Panchayat Samiti constituted under section 94 of the Act. Upon the vesting of such powers, the exercise thereof by the Gram Panchayat or the Joint Committee or the Panchayat Samiti, as the case may be, shall be deemed to be the performance or the function assigned to the Gram Panchayat or the Joint Committee or the Panchayat Samiti as the case may be, in respect of the matter referred to in clause (o) of sub-section (1) of section 20, or item (ii) of clause (a) of sub-section (1) of section 109, as the case may be, of that Act :Provided that the State Government may associate representatives from other authorities or experts in different fields with the Urban Development Committee for rendering of necessary advice or guidance.