Section 3 in West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters), Act, 1993
3. Registration and permission for construction.
(1) Every promoter who constructs or intends to construct in any area in which this Act comes into force a building for the purpose of transfer of such building by sale, gift or otherwise, shall at least ninety days before the commencement of the construction of such building in such area, make an application to such officer of the State Government (hereinafter referred to as the authorised officer) as the State Government may appoint, for registration of his name and for permission for construction of such building. The application shall be in such form, and shall be accompanied by such fee, as may be prescribed:Provided that notwithstanding anything contained in this Act or in any other law for the time being in force, in the case of any building under construction on the date immediately before the date of coming into force of this Act by any promoter, [such officer not below the rank of Assistant Engineer, specially authorised by the State Government,] [Substituted, by Act 35 of 2002, w.e.f. 01.09.2003.], [and have power to enter upon or take ingress to any flat of the building] [Inserted by Act 35 of 2002, w.e.f. 01.09.2003.] at any time of the day without prior intimation to the promoter for investigation of any complaint from any purchaser with regard to unlawful or defective construction or use of sub-standard materials, and such officer may, at the conclusion of such investigation, bring to the notice of the promoter the defects of construction, if any, for rectification within such period as may be specified by him. If the promoter fails to rectify the defects within the period as aforesaid, such officer may declare such building to be unsafe or dangerous for human habitation, if the construction of such building so warrants.(2)Every such application shall be accompanied by a statement containing the following particulars and documentary evidences where necessary(a)detailed description of land with site plan;(b)the nature of the [ xxx ] [Omitted by Act 35 of 2002. w.e.f. 01.09.2003.] title to the land (copy of title deed to be annexed);(c)details of the agreement between the owner of the land and the promoter authorising the latter to undertake the construction of building (copy of [ xxx ] [Omitted by Act 35 of 2002. w.e.f. 01.09.2003.] agreement to be annexed);(d)the nature of encumbrances on the land, including the right, title, interest or claim of any other person in or over such land;(e)the total covered floor area, the number of flats proposed to be constructed, the approximate size of each flat and the facilities including common facilities likely to be made available to the purchasers by the promoter;(f)sanctioned plan for the construction of building under any law for the time being in force or, where the plan is not sanctioned at the time of making the application under sub-section (1), an undertaking by the applicant to the effect that the plan will be submitted by him as soon as it is sanctioned:Provided that the name of the applicant shall not be registered, and the applicant shall not be granted permission to construct the building, under sub-section (5) until the sanctioned plan is submitted;(g)detailed specifications of the construction of building as approved by any competent authority under any law for the time being in force;(h)the estimated expenditure for the construction of building and the source from which the expenditure shall be financed;(i)details of financial agreement made with any bank or other financial institution, and of legal safeguards taken, if any, for the construction of building, or the transfer of building by sale, gift or otherwise;(j)details of advance payment or deposit to be taken by the promoter from the purchaser:Provided that no advance payment or deposit shall be taken by any promoter before his name is registered under sub-section (5);(k)the period within which or the date on which the possession of flats is proposed to be made over to the purchasers;(l)copies of agreements entered into or proposed to be entered into with the purchasers;(m)the name of architect or engineer or any other person authorised to submit plan under any law for the time being in force, or the name of firm or company competent to submit plan, who has prepared the plan and the estimates of the proposed construction of building together with address;(n)the name and address of the contractor or contractors proposed to be engaged for the construction of building:Provided that if and when there is any change of contractor proposed to be engaged or actually engaged before or after the commencement of the construction of any building, as the case may be, the promoter shall forthwith inform the authorised officer of the name and address of such contractor;(o)such other particulars as may be prescribed.(3)Every promoter shall make a separate application for the construction of building on separate plot of land or for the construction of separate building:[ xxx ] [Proviso omitted by Act 35 of 2002, w.e.f. 01.09.2003.][Provided that] [Substituted, by Act 35 of 2002, w.e.f. 01.09.2003.] no such application shall be refused without giving the promoter a reasonable opportunity of being heard.(4)The name of a promoter shall not be registered if(a)he is of unsound mind and stands so declared by a competent authority; or(b)he is an undischarged insolvent; or(c)he, being a discharged insolvent has not obtained from the court having jurisdiction a certificate that his insolvency was caused by misfortune without any misconduct on his part; or(d)he has been convicted of an offence of criminal breach of trust; or(e)he is otherwise incompetent to make any contract under any law for the time being in force; or(f)the certificate of registration granted to him previously for construction of any other building was cancelled under section 4 of this Act.(5)The authorised officer shall, on receipt of an application under sub-section (1), scrutinize the application and the accompanying documents and, on being satisfied that the application complies with the provisions of this Act and the rules made thereunder, register the name of the applicant and, by an order, grant him permission to construct the building or may, for reasons to be recorded in writing, by an order refuse to register the name of the applicant and to grant him permission to construct the building:Provided that no order refusing to register the name of an applicant and to grant him permission to undertake the construction of building shall be made without giving the applicant a reasonable opportunity of being heard:Provided further that every application under sub-section (1) [accompanied by all relevant documents and particulars, referred to in sub-section (2)] [Inserted by Act 35 of 2002, w.e.f. 01.09.2003.] shall be disposed of by the authorised officer within a period of three months from the date of receipt of such application.(6)The name of every promoter registered under sub-section (5) shall be entered in a register to be maintained by the authorised officer in such form as may be prescribed.(7)The promoter, whose name has been registered under sub-section (5), shall be granted a certificate of registration in such form as may be prescribed and the permission to undertake the construction of building under that sub-section shall be in conformity with the sanctioned plan for the construction of building.(8)A copy of the order granting permission under sub-section (5) shall be sent by the authorised officer to the authority who has sanctioned the plan for construction of building or, as the case may be, for conversion of building or any part of building under any law for the time being in force.
