State of West Bengal - Act
New Town, Kolkata Development Authority Act, 2007
WEST BENGAL
India
India
New Town, Kolkata Development Authority Act, 2007
Act 30 of 2007
- Published on 27 May 2010
- Commenced on 27 May 2010
- [This is the version of this document from 27 May 2010.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definition.
Part II – Chapter-II
Development Authority3. Constitution of Development Authority.
4. Development Authority shall be a body corporate.
- The Development Authority shall be a body corporate with perpetual possession and a common seal, and may, by the name of the Development Authority, sue and be sued.5. Chairman to be the executive head.
- The Chairman shall be the executive head of the Development Authority and the development administration of New Town, Kolkata, shall be under his control.6. Powers and functions of the Chairman.
7. Terms of office of Chairman, Member-Secretary and other members.
8. Meeting of Development Authority.
9. Remuneration of members of Development Authority.
- The non-official members of the Development Authority shall receive such remuneration or allowance as may be prescribed.Chapter-III Establishment of Development Authority10. Officer and Staff Development Authority.
- The Development Authority shall have the following officers:-11. Appointment of officers of State Government for Development Authority.
- Notwithstanding anything contained elsewhere in this Act, the State Government may appoint for the Development Authority, on deputation, an officer of that Government, possessing such qualifications as that Government may determine, [Chief Executive Officer,] [Substituted 'as Executive Officer' by West Bengal Act No. 10 of 2010, dated 27.5.2010.]Engineer, or Finance Officer, referred to in section 10, or with such other designation as the State Government may consider necessary, and in such manner, and on such terms and conditions, as that Government may determine in this behalf.12. Terms and conditions of service of officers and other employees of development Authority.
- The officers and other employees of the Development Authority shall be subject to such terms and conditions of service as may be prescribed.13. Pay and allowance of officers and other employees of Development Authority.
14. Provident Fund, Pension and retiring gratuity, etc. of officers and other employees of Development Authority.
- The Development Authority may provide for Provident Fund, Pension and retiring gratuity in respect of, and award of reward or penalty to, officers and other employees of the Development Authority in accordance with such norms; and subject to such conditions, as may be prescribed by the State Government.15. Power of Development Authority to appoint officers and staff or to take alternative measures.
16. Obligatory function.
- It shall be the obligation of the Development Authority to make reasonable and adequate provision and in accordance with the rules prescribed for the following matters within its territorial limits and the financial means at its disposal:-17. Transfer functions and duties of the State Government.
- Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, the State Government may, subject to such conditions as it may think fit to impose, transfer to the Development Authority, by an order published in the Official Gazette, any of the functions and duties relating to Government under any law which the State Legislature is competent to enact or which is otherwise within the executive power of the State.18. Power to transfer any functions of the Development Authority under the Act to any organisation.
- Notwithstanding anything contained in this Act or in any other law for the time being in force, the Development Authority may, if it is of opinion that it us necessary so to do in the public interest, transfer by contract or otherwise, with the prior approval of the State Government, any function or functions of the Development Authority under this Act to any organisation including a Government Organisation, in such manner, and on such terms and conditions, as may be determined by the Development Authority and approved by the State Government:Provided that such transfer of function or functions of the Development Authority to such organisation shall not absolve the Development Authority from, the responsibility of carrying out the provisions of this Act in relation to the function or functions so transferred.Explanation. - "Government Organisation" shall mean an organisation maintained or managed by the State Government or any other company owned by the Government.Part-III FinanceChapter-V A. Development Fund19. Development Fund and the application thereof.
20. Opening and operation of bank account.
- [(1) The Development Authority shall open account with such Nationalized Banks and will such Scheduled Banks, as may be prescribed.] [Substituted by West Bengal Act No. 16 of 2016, dated 20.1.2017.]21. Financial assistance from the State Government.
- The State Government may give grants or financial resistances to the Development Authority with or without direction as to the manner in which the sum shall be applied.22. Loans.
- Subject to the provisions of Local Authorities Loans Act, 1994, the Development Authority may, with the prior permission of the State Government, obtain loan from any financial institution of repute or Nationalized Bank or such other lending institution as the State Government may approve in this behalf, and the State Government may, if it considers necessary so to do, stand as guarantor for payment of such loan.B. Budget23. Annual budget estimate of the Development Authority.
24. Accounts to be kept.
- The accounts of all financial transactions of the Development Authority shall be kept in such manner and in such form as the State Government may prescribe.25. Appointment and Power of the Auditors.
26. Audit report.
27. Chairman to remedy the defects upon audit report.
28. Power of the State Government to enforce an order upon audit report.
- If any order made by the State Government under this Chapter is not complied with, it shall be lawful for the State Government to take such step as it thinks fit to secure the compliance of the order and direct that all espouses therefor shall be defrayed from the Development Fund.29. Special audit.
- In addition to the audit mentioned hereinabove, the State Government may, if it thinks fit, appoint an auditor to conduct a special audit pertaining to a specified item or series of items requiring thorough examination, and the procedure relating to audit shall also apply mutatis mutandis to such special audit.30. Internal audit.
- The State Government may by rules provide for internal audit of the day to day accounts of the Development Authority in such manner as it thinks fit.31. Accounts Committee of Development Authority.
32. Payment of certified amounts.
33. Effect of non-payment of certified amount.
- Where a person, from Whom an amount is certified to be due under sub-section (4) of section 25, is an officer or employee of the Development Authority and where such person has not paid such amount within three months from the date of such certificate, or where an amount, declared to be due from such person under the proviso to sub-section (4) of section 25, has not been paid by such person within such period not less than three months from the date of such declaration as may, be allowed to him under section 32, such person shall, be subject to such disciplinary proceedings as the State Government may prescribe.34. Power of State Government to make rules.
35. Levy assessment and recovery of development charge.
36. Levy assessment and recovery of amenity charge.
36A. [ Fees for certificate of enlistment for profession, trade and calling. [Inserted by West Bengal Act No. 10 of 2010, dated 27.5.2010.]
36B. [ [Omitted by West Bengal Act No. 16 of 2016, dated 20.1.2017.]
***]| 36B. [ Application of Chapter 10 of the West Bengal Municipal Act, 1993. [Inserted by West Bengal Act No. 27 of 2013, dated 11.4.2014.]- The provisions as contained in Chapter X of the West Bengal municipal Act, 1993, (West Bengal Act 22 of 1993) shall be applicable to the entire jurisdiction of New Town Kolkata Development Authoritymutatis mutandis.] |