(1)No person shall [erect any new structure or new building or make any addition to any structure or building] [Words substituted for the words 'erect any structure or building' by W.B. Act 37 of 1984.] in any area within the jurisdiction of a Gram Panchayat except with the previous permission in writing of the Gram Panchayat:[Proviso that where the State Government or an authority or agency under the State Government intends to set up or has set up an industrial estate or industrial park within the jurisdiction of a Gram Panchayat, permission for erection of any structure or building for setting up an industry within such industrial estate or industrial park, shall be obtained from such authority or industrial development authority or corporation as the State Government may by notification specify.] [Inserted by Act No. 8 of 2015.][Provided that such erection of new structure or new building or such addition to any structure or building or such permission of the Gram Panchayat shall be subject to such rules as may be made by the State Government in this behalf:] [Proviso inserted by W.B. Act 18 of 1994.][Provided further that a Gram Panchayat shall not accord permission for erection of a new structure or construction of a new building, if the proposal for such erection or construction, as the case may be, -(a)has any provision for erection or construction of any dry latrine, by whatever name called, and(b)does not have any provision for erection or construction of sanitary latrine of any description.](2)Every person seeking permission under sub-section (1) shall make an application in writing to such authority, in such form, containing such particulars and on payment of such fee [* * * * *] [Words', not exceeding twenty-five rupees.' omitted by W.B. Act 18 of 1994.] as may be prescribed:[Provided that] [Provisos inserted by W.B. Act 37 of 1984.] no permission under sub-section (1) shall be necessary for erection of any new thatched structure, tin shed or tile shed without brick wall covering an area not exceeding [eighteen square metres where such structure or shed does not cover more than three-fourths of the total area of the land (including appurtenant land) and there is a set-back of not less than nine-tenth metre on the road-side:] [Words substituted for the words 'two hundred square feet;' by W.B. Act 18 of 1994.][provided further that the State Government may, by order, exempt any structure or building or any class of structures or buildings from the operation of the provisions of sub-section (1) and of this sub-section.] [Provisos inserted by W.B. Act 37 of 1984.](3)On receipt of such application the authority, after making such enquiry as it considers necessary and [in accordance with such rules as may be made by the State Government in this behalf,] [Words substituted for the words 'within such time as may be prescribed,' by W.B. Act 18 of 1994.] shall, by order in writing, either grant the permission or refuse it, recording in the case of refusal the reasons therefor.(4)Any person aggrieved by an order of the authority under sub-section (3) refusing permission may, within ninety days from the date of communication of such order to him, prefer an appeal to such appellate authority as may be prescribed.(5)No appeal shall lie against the order of the appellate authority referred to in sub-section (4).(6)Where [any new structure or new building or any new addition to any structure or building is being or has been erected or made, as the case may be,] [Words substituted for the words 'any structure or building is being or has been erected' by W.B. Act 37 of 1984.] in contravention of the provisions of sub-section (1), the authority may, after giving the owner of such building an opportunity of being heard, make an order directing the demolition of the building by the owner within such period as may be specified in the order and in default the authority may itself effect the demolition and recover the cost thereof from the owner as a public demand.(7)Any person who [contravenes] [Word substituted for the words 'erects any structure or building in contravention of by W.B. Act 37 of 1984.] the provisions of sub-section (1) shall be liable on conviction by a Magistrate to a fine which may extend to two hundred and fifty rupees.
