Section 102 in West Bengal Town and Country (Planning and Development) Act, 1979
102. Levy of development charge.
-[(1) In accordance with the provisions of this Act, and the rules made thereunder and with the previous sanction of the State Government, every Planning Authority or Development Authority shall, by notification, levy a charge (hereinafter called the development charge) on the carrying out of any development or change of use of land, for which permission is required under Chapter VII, in the whole or any part of the Planning Area, at rates not exceeding those notified under section 103 :Provided that the rates may be different for different parts of the Planning Area.Explanation. -For the purposes of this sub-section, 'development' shall, in addition to those mentioned in clause (7) of section 2, also include the institution of use of any land specified in clause (a) of section 103.] [[Sub-section (1) Substituted by Section 2 of the West Bengal Town and Country (Planning and Development) (Second Amendment) Act, 2006 (West Bengal Act 31 of 2006) (w.e.f. 9.1.2007) which read as under :(1)In accordance with the provisions of this Act, and the rules made thereunder and with the previous sanction of the State Government, every Planning Authority or Development Authority shall, by notification published in the Official Gazette, levy a charge (hereinafter called the development charge) on the carrying out of any development or change of use of land, for which permission is required under Chapter VII, in the whole or any part of the Planning Area, at rates not exceeding those specified in section 103 :Provided that the rates may be different for different parts of the Planning Area.]](2)The charge shall be leviable on any person who undertakes or carries o it such development or changes any such use.(3)Notwithstanding anything contained in sub-sections (1) and (2) no development charge shall be levied on development, or change of use, of any id vested in or under the control or possession of the Central Government, a State Government or any local authority.(4)The State Government may, by rules, provide for the exemption from the, levy of development charge of any development or change of any use of any land specified in the rules.
