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State of West Bengal - Section

Section 260 in West Bengal Municipal Corporation Act, 2006

260. Municipal Building Committee.

(1)The Mayor-in-Council may constitute a Municipal Building Committee with the Commissioner as its Chairman and an Officer of the Corporation as its convenor.
(2)[ The Committee shall have, in addition to the Chairman and the Convenor, ten other members of whom-
(a)one shall be a nominee of the Metropolitan Development Authority or the Development Authority having jurisdiction over the area.
(b)one shall be a nominee of the Commissioner of Police or the Superintendent of Police having jurisdiction over the area.
(c)one shall be a nominee of the Director of Fire Services.
(d)one shall be a nominee of the State Government.
(e)one shall be a nominee of the Chief Engineer, Municipal Engineering Directorate, Government of West Bengal.
(f)one shall be an architect of repute to be selected in consultation with the Council of Architecture constituted under section 3 of the Architects Act, 1972 (20 of 1972.)
(g)one shall be a Town Planner of repute to be selected ill consultation with the Institute of Town Planners of India.
(h)one shall be a nominee of the Department of Environment, Government of West Bengal.
(i)one shall be a nominee of the District Magistrate having jurisdiction over the area, and
(j)one shall be a nominee of the Forest Department, Government of West Bengal;]
(3)The Committee may co-opt one person to be nominated by the concerned department of Government while dealing with any case regarding educational building or institutional building or assembly building or industrial building or hazardous building.
(4)The Committee may meet at such periodical interval as may be determined by the Mayor-in-Council.[Provided that ordinarily at least one `meeting shall be held during every calendar month; and] [Inserted by West Bengal Act No. 17 of 2016, dated 20.1.2017.]
(5)The Committee may, in accordance with the provisions of this Act or the rules and the regulations made thereunder or of any other law in force for the time being, [scrutinize every application for erection or re-erection of a building for which notice has been received under section 262, except for a residential building to be erected or re-erected on a plot of 500 square metres or less of land with proposed height of building 15.5m or less and for all other categories of building other than residential building having 8.0m and less of height and shall forward its recommendation, to the Mayor-in-Council:] [Substituted 'scrutinize every application for erection or re-erection of a building, except for a residential building to be erected or re-erected on a plot of 500 square meters or less of land, and may forward its recommendations to the Mayor-in-Council' by West Bengal Act No. 17 of 2016, dated 20.1.2017.]Provided that during such scrutiny the Committee may consider matters related to preserving, developing and Maintaining the aesthetic quality of urban and environmental design within the Corporation area and may, in respect of any building or any execution of work, if it affects or is likely to affect the skyline or the aesthetic quality of urban or environmental design, or any public amenity therein, recommend on such matters also:Provided further that in respect of any building or execution of any work, if such building or work affects or is likely to affect-
(a)the functioning of microwave systems for telecommunication purpose, Of
(b)any function for purposes of civil aviation, the Committee may, in accordance with such rules as may be framed in consultation with such departments or agencies of Government as have control on such matters, refer such cases to such departments for their opinions before finalizing its recommendations.
(6)The Mayor-in-Council may refer any other matter, included in this chapter, to the Committee for its scrutiny and recommendation.
(7)The Mayor-in-Council may consider the recommendations of the Committee and, the case of any modification, alteration or cancellation of the same, may record the reasons thereof in writing.