Guidelines to Impose Penalty upon Defaulter Owner/ Developer/ Builder

Government of West Bengal
Urban Development and Municipal Affairs Department
6th Floor, “NAGARAYAN”,
DF – 8, Sector – I, Salt Lake City, Kolkata – 700 064

MEMORANDUM

No. 41/UDMA-15011 (99)/58/2024-LS-MA SEC Dated, Kolkata, the 13th January, 2025

WHEREAS it has come to the notice of the Urban Development and Municipal Affairs Department that there are instances where mutation of flats of multi-storied residential buildings are pending in municipalities due to non-submission of Completion Certificate of the said building;

WHEREAS it has also come to the notice of this Department that some owners/ developers/ builders do not obtain Completion Certificate from the concerned municipality before sale of their flats in gross violation of provisions of section 212 of the West Bengal Municipal Act, 1993. Consequently, the mutation of flats are not done by the concerned municipalities as the West Bengal Municipal Act, 1993 does not permit use of building until the Completion Certificate of the building is obtained by the owner/ developer/ builder from the municipality i.e. the building plan sanctioning authority;

WHEREAS such non-mutation of flats has resulted in loss of revenue of the municipalities to a great extent;

Now, therefore, in the event of such type of contravention of provisions of the West Bengal Municipal Act, 1993 and the Rules framed there-under, the municipalities may decide to issue advance notice to the defaulter owner/ developer/ builder and thereafter to impose penalty upon such owner/ developer/ builder as specified in Schedule IV read with section 440 of the West Bengal Municipal Act, 1993.

Special Secretary to the
Government of West Bengal

No. 41-UDMA dated 13.01.2025, Source

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