Section 11E in The West Bengal Fire Services Act, 1950
11E. [ Special fee. [Chapter IIIA containing Sections 11A to 11K inserted by W.B. Act 7 of 1996.]
(1)With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be levied a special fee for the purposes of this Act on the owners of such class or classes of high-risk buildings within a local area in which this Act is in force as may be prescribed :Provided that no special fee shall be levied on any such building or part thereof, which by virtue of its being used for any of the purposes referred to in section 12, requires a licence under that section.(2)(a)The State Government shall prescribe by rules the rate of special fee for different classes of high-risk buildings on the basis of the total floor area of all the floors of a building as shown in the approved building plan ;Provided that the rate of such special fee may be different for different local areas.(b)The manner of imposition, assessment and collection of such special fee shall be such as may be prescribed.(3)The special fee referred to in sub-section (1) shall be payable by the owner of a high-risk building at the time of submission of application to a local authority for approval of the building plan under the building rules :Provided that in the case of every high-risk building referred to in sub-section (1), the construction of which has been completed on any date before the date of coming into force of this Chapter or, in the case of any such building the construction of which has been completed on or after the date of coming into force of this Chapter, the special fee, unless it has already been paid in accordance with the provisions of any other law in force on the date immediately before the date appointed under sub-section (1), shall be payable, -(a)in the former case, by the owner or, if the owner is not traceable, the occupier, and(b)in the latter case, by the owner,of the building within three months from the date of receipt by the owner or occupier, as the case may be, of the notice of demand in this behalf.(4)The State Government may also levy annually a further special fee referred to in sub-section (1) with a view to defraying the expenses for regular checking and inspection and other incidental expenses so as to require and cause the occupier of a high-risk building to keep the necessary installations in fit condition, and such special fee shall be payable by the occupier, in the case of a building existing on the date immediately before the date appointed under sub-section (1), from the date appointed under sub-section (1), and, in the case of a building the construction of which has been completed on or after the date appointed under sub-section (1), from the date of occupancy of the building as may be certified by the local authority, and in advance annually at the time of submission of the 'Fire Safety Certificate' under sub-section (2) of section 11C :Provided that the liability of the occupier to pay the special fee under this sub-section shall be only to the extent of the special fee payable in respect of the floor area of the building under his occupation including his share of the area comprising common facilities in such building or part thereof.Explanation. - Notwithstanding anything contained elsewhere in this Act, for the purposes of this section and section 11C, "owner" shall include a promoter as defined in the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993, or a co-operative society, or a company or an owner of an apartment as defined in the West Bengal Apartment Ownership Act, 1972.]
