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[Cites 0, Cited by 0] [Section 225] [Entire Act]

State of West Bengal - Subsection

Section 225(2) in West Bengal Municipal Act, 1993

(2)Such regulations may supplement the provisions of this Act and the rules as aforesaid on the following matters, namely-
(a)plans, specifications and other documents or particulars to be furnished with any application for building plan;
(b)alteration or addition of any specific description, not falling within the scope of the provisions of this Chapter;
(c)fees in accordance with such scale for plans, specifications, and information as are not otherwise provided for;
(d)type or description of building which, and the purposes for which a building, may or may not be erected in any specified area or areas;
(e)licensing of builders surveyors and plumbers for erection of buildings as well as fees to be paid by builders, surveyors and plumbers for obtaining such licence and the qualifications to be possessed by them for the purposes of this Act;
(f)precautions to be taken during construction of a building, including scaffolding, fencings, and storing of materials;
(g)materials and method of construction to be used for external party-walls, roofs and floors;
(h)materials and method of construction of fireplace, chimneys, drains, privies, urinals and cesspools;
(i)ventilation and flushing of drains, latrines, urinals and cesspools, and the provisions of access thereto from streets, and where a sewerage system has been provided, the connection of service privies with a sewer and the method of connection;
(j)the proportion of any building-site, which shall not be built over, the amount of space to be left at the sides and back of any building and the areas of courtyards in proportion to the floor area of rooms abutting thereon;
(k)height of any building or portion of a building in relation to the width of the street or streets on which it abuts;
(l)width of foundation, height of plinth. and stability of structure;
(m)minimum floor area, minimum height and ventilation of rooms used or intended to be used for human habitation; and any other matter affecting the ventilation or sanitation of the building;
(n)regulation by specific rules of special classes by buildings, taking fire safety and health safety into account;
(o)laying out of huts in a bustee in accordance with alignment lines, prescribed and demarcated on the grounds;
(p)distance to be kept open between huts and alignment lines;
(q)special provisions for buildings above 13.5 metres in height, taking construction safety. circulation space, and fire escape into account;
(r)greenery, beautification and landscaping to be provided in erection of a building;
(s)regulating in any manner not specifically provided for in this Act the erection of any enclosure, wall, fence, tent, awning or other structure, of whatever kind or nature on any land within the limits of a municipal area;
(t)special rules for buildings which are used or intended to be used as storage buildings. institutional buildings, congregational buildings, industrial buildings or hazardous buildings to the extent not specifically provided for in this Chapter or in the Schedules or in the rules made under this Act.
(u)[ regulating construction of latrines.] [Inserted by section 11 of the West Bengal Municipal (Amendment) Act, 2009 (West Bengal Act III of 2009) w.e.f. 1.6.2009.]
[Chapter XIVA] [Chapter XIVA inserted by the West Bengal Act 22 of 2000, w.e.f. 1.9,2000, Subsequently omitted by section 32 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002.] Preservation and conservation of the Heritage Building[Inserted by the West Bengal Act 13 of 1995, w.r.e.f. 13.7.1994.]
Prior to deletion the Chapter XIVA read as as under :225A. Owner to maintain, preserve and conserve heritage building or site.- Every owner or occupier of any heritage building or site declared as such by the Municipality shall maintain, preserve and conserve it and shall not change its use in contravention of the provisions of this Act or the rules or the regulations made thereunder for its maintenance, preservation or conservation.Explanation I.-'The word 'maintain', with its grammatical variations and cognate expressions, shall include fencing, covering, repairing, restoring or cleansing, or doing of any act which may be necessary for the purpose of preserving or conserving, of, or securing convenient access to, a heritage building or site.Explanation II.-'Owner' shall, notwithstanding anything contained elsewhere in this Act, include, for the purposes of this chapter,-(a) a joint owner of a heritage building or site vested with the power of management thereof on behalf of himself and any other joint owner, or successor-in-title of any such joint owner; or(b) a manager, or trustee, vested with the power of management of a heritage building or site, or successor-in-office of such manager or trustee.225B. Power of Municipality to declare a building or site as a heritage building or site.- Where the Municipality, on the recommendation of the Heritage Conservation Committee and also of the Chairman-in-Council, is of the opinion that any building or site in the municipal area should be preserved and conserved for historical, architectural, environmental or cultural purpose, it may declare such building or site as a heritage building or site :Provided that during the period when any proposal for declaring a building or site as a heritage building or site is under consideration of the Heritage Conservation Committee or the Chairman-in-Council, no owner of such building or site, or no lessee or sub-lessee to whom such building or site has been leased out, shall transfer such building or site by way of sale, lease or mortgage without the prior approval of the Board of Councilors.225C. Gradation of heritage building.- The gradation of a heritage building according to its historical, architectural, environmental or cultural purpose shall be such as may be prescribed.225D. Heritage Conservation Committee.- (1) The Chairman-in-Council shall constitute a Committee to be called the Heritage Conservation Committee with the Chairman as its Chairman and an officer of the Municipality as its Convenor.(2) The Committee shall have, in addition to the Chairman and the Convenor, seven other members of whom-(a) one shall be a nominee of the District Magistrate of the district,(b) one shall be a nominee of the Director of the Department of Archaeology, Government of West Bengal,(c) one shall be an eminent architect,(d) one shall be an artist,(e) one shall be an environmentalist,(f) one shall be a historian, and(g) one shall be the concerned Executive Engineer of the Municipal Engineering Directorate.(3) The Committee may co-opt one person to be nominated by the concerned department of the State Government while dealing with any land or building under the management of the said department.(4) The Committee shall, in accordance with the provisions of this Act and the rules and the regulations made thereunder, scrutinize every application or proposal for declaration of a building or site as a heritage building or site, and recommend to, and also advise, the Chairman-in-Council in respect of the preservation and conservation of such building or site as a heritage building or site.(5) The Committee shall meet at such periodical interval as may be determined by the Chairman-in-Council.(6) The Chairman shall, in the case of emergency, take such measures as may be necessary for the preservation and conservation of a heritage building or site, provided that such measures shall be required to be approved by the Heritage Conservation Committee at its meeting.225E. Powers and functions of Heritage Conservation Committee.- The Heritage Conservation Committee shall have the power to function independent of the Board of Councilors for the purpose of preservation, conservation and maintenance of heritage buildings in so far as such power does not offend any other provisions of this Act or the rules made thereunder relating to construction or use of building :Provided that for erection or re-erection in a heritage building or part thereof, or for restoration of any heritage building to its old shape, design or beauty in the case of unlawful demolition, or for making any change of internal or external wall, structural pattern, floor, roof, interior or exterior architectural floor, facade or skyline, or for any other change, of a heritage building, the provisions of chapter XIV of this Act and the rules made thereunder shall apply mutatis mutandis.225F. Power of Municipality to require, purchase or take on lease heritage building or site.- Subject to the other provisions of this Act, the Municipality may acquire, purchase or take on lease any heritage building or site for the purpose of preservation and conservation thereof :Provided that in the case of a heritage building or site declared as such for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979, (West Ben. Act 13 of 1979), the approval of the concerned department of the State Government shall be taken.225G. Transfer of right of development for the purpose of acquisition by agreement.- When the owner of any heritage building or site is not willing to preserve or conserve any heritage building or site, the Chairman may, for the purpose of acquisition of such heritage building or site by agreement and on the recommendation of the Heritage Conservation Committee and with the approval of the Chairman-in-Council, allow the transfer of right of development of such heritage building or site, which shall be heritable and transferable, to the owner of such heritage building or site in such manner, and subject to such conditions, as may be prescribed.Explanation I.-'Development' shall have the same meaning as in clause (7) of section 2 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act 13 of 1979).Explanation II.-'Right of development' in relation to a heritage building or site shall mean the right of development, in the prescribed manner, of such potentials as may be available in respect of such heritage building on a plot of land or such site different from the land and building comprising the heritage building or from the site but in the same ward of the Municipality.225H. Right of access to heritage building or site acquired by Municipality.- Subject to such rules or regulations as may be made under this Act, every person shall have the right of access to any heritage building or site acquired by the Municipality.225I. Sub-lease of heritage building or site.- The Municipality shall have the right to allow the transfer of right of development to the lessee of a heritage building or site where the unexpired period of the term of lease is for 90 years, and to take the heritage building or site on sub-lease by agreement, if there is provision for such sub-lease in the deed executed between the owner and the lessee, provided that the question of payment of premium or rent in such case to the owner shall not, notwithstanding any agreement in this behalf, arise, and if the owner as confirming party to the agreement waives the right to receive any further payment of such premium or rent.225J. Permission of concerned department of State Government before acquisition of heritage building or site.- If the Municipality considers that it is necessary to acquire any building or site declared as a heritage building or site for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979, by agreement or under the Land Acquisition Act, 1894, (1 of 1894), permission of the concerned Department of the State Government shall be taken before such acquisition.225K. Power to exempt rates and taxes, etc. on heritage building or site.- If the owner of a heritage building or site enters into an agreement with the Municipality to maintain, preserve and conserve such heritage building or site properly at his own expenses, the Municipality may, in such case, exempt wholly or partly the owner of such heritage building or site from payment of rates or taxes or fees for supply of water or any other charges in respect of such heritage building or site.225L. Agreement with owner of heritage building or site pending acquisition.- (1) The Chairman may, pending acquisition of a heritage building or site by the Municipality under this Act and with approval of the Chairman-in-Council, propose to the owner of such heritage building or site to enter into an agreement with the Municipality for a specified period for the maintenance of such heritage building or site.(2) The agreement as aforesaid may provide for all or any of the following matters-(a) maintenance of the heritage building or site by the owner or by any other person willing to maintain the said heritage building or site;(b) custody of the heritage building or site and the duties of the person who may be employed to watch it;(c) the restrictions on the owner's right(i) to use the heritage building or site for any other purpose detrimental to its conservation.(ii) to charge any fee for entry into, or inspection of, the heritage building or site, and(iii) to build on or near the site of the heritage building or site.225M. Voluntary contribution and agreement with any voluntary organization, person or company.- (1) The Chairman may receive voluntary contributions towards the cost of maintaining any heritage building or site and may give order as to the management and application of such contributions for the purpose of preservation and conservation of such heritage building or site.(2) Subject to the approval of the Chairman-in-Council, the Chairman may enter into any agreement with any person or voluntary organization or company, whether incorporated or not, willing to preserve and conserve any heritage building or site on such terms and conditions as the Chairman-in-Council may determine.225N. Taking over management and control of heritage building or site.- (1) If the Chairman, on receipt of any information, is satisfied that the owner of a heritage building or site fails to preserve or conserve the heritage building or site, the Chairman may, when the heritage building or site is vacant and after hearing the owner, by order in writing, take over the management and control of such heritage building or site for the purpose of preservation and conservation thereof, suspending the right of the owner to transfer such heritage building or site for a maximum period of five years, subject to acquisition either by agreement or under the provisions of the Land Acquisition Act, 1894 (1 of 1894).(2) The Chairman shall thereafter notify the heritage building or site for letting it out by agreement to any person as tenant for the purpose as aforesaid, and the owner shall be entitled to an amount equal to the reasonable letting value of the heritage building or site as rent less the cost on account of preservation and conservation of the heritage building or site.225O. When heritage building or site ceases to be heritage building or site.- If the Municipality decides that any heritage building or site has ceased to be of public interest or has lost its importance for any reason whatsoever, it may, with the approval of the State Government. declare that such heritage building or site has ceased to be a heritage building or site for the purposes of this Act.225P. Penalty.- (1) Any person why destroys, removes. alters, defaces or misuses any heritage building or site or does any act, or abets in the commission thereof, in contravention of any provision of this chapter or the rules or the regulations made thereunder, shall be punishable with rigorous imprisonment for a term which may extend to three years and also with fine which may extend to fifty thousand rupees and, in default, with further rigorous imprisonment for six months.(2) Any court convicting any person under this section shall, by order, direct such person to restore the heritage building or site to its former shape and beauty at his cost, and any failure to comply with such order shall be deemed to be a continuing offence and such person shall be punishable with an additional fine of rupees two hundred and fifty for every day during which such contravention or failure continues after conviction for the first such contravention.(3) Where an offence under this section has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.(4) Notwithstanding anything contained in sub-section (3), where an offence under this section has been.committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Explanation.-For the purposes of this section,-(a) 'company' means any body corporate and includes a firm or other association of individuals;(b) 'director', in relation to a firm, means a partner in the firm; and(c) 'person' shall include an owner, occupier, lessee. mortgagee, consultant, promoter or financier who supervises or causes erection, destruction, removal, defacement or misuse of any heritage building or site.225Q. Power of the State Government to make rules for the purpose of this chapter.- Notwithstanding anything contained elsewhere in this Act, the State Government may make rules to provide for any matter considered necessary for the purpose of implementation of the provisions of this chapter.