The New Town, Kolkata Development Authority Act, 2007

An Act to provide for the planned development in the areas within New Town, Kolkata and for matters connected therewith or incidental thereto.

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

No. 1088-L. Dated 27th June, 2008

NOTIFICATION

West Bengal Act XXX of 2007
THE NEW TOWN, KOLKATA DEVELOPMENT AUTHORITY ACT, 2007.

An Act to provide for the planned development in the areas within New Town, Kolkata and for matters connected therewith or incidental thereto.

PART I

CHAPTER I
Preliminary

  1. Short title, extent and commencement
  2. Definitions

PART II

CHAPTER II
Development Authority

  1. Constitution of Development Authority
  2. Development Authority shall be a body corporate Section
  3. Chairman to be the executive head.
  4. Powers and functions of the Chairman.
  5. Terms of office of Chairman, Member-Secretary and other members.
  6. Meeting of the Development Authority.
  7. Remuneration of members of Development Authority.

CHAPTER III
Establishment of Development Authority

  1. Officer and staff of Development Authority.
  2. Appointment of officers of State Government for Development Authority.
  3. Terms and conditions of service of officers and other employees of Development Authority.
  4. Pay and allowance of officers and other employees of Development Authority.
  5. Provident Fund, Pension and retiring gratuity etc. of officers and other employees of Development Authority.
  6. Power of Development Authority to appoint officers and staff or to take alternative measures.

CHAPTER IV
Powers and Functions

  1. Obligatory functions.
  2. Transfer of functions and duties of the State Government.
  3. Power to transfer any functions of the Development Authority under the Act to any organisation.

PART III
FINANCE

CHAPTER V
A. Development Fund

  1. Development Fund and the application thereof.
  2. Opening and operation of bank account
  3. Financial assistance from the State Government.
  4. Loans.

B. Budget

  1. Annual budget estimate of the Development Authority.

CHAPTER VI
Accounts and Audit

  1. Accounts to be kept.
  2. Appointment and Power of the Auditors.
  3. Audit report.
  4. Chairman to remedy the defects upon audit report
  5. Power of the State Government to enforce an order upon audit report.
  6. Special audit.
  7. Internal audit.
  8. Accounts Committee of Development Authority.
  9. Payment of certified amount
  10. Effect of non-payment of certified amount.
  11. Power of State Government to make rules.

PART IV
DEVELOPMENT CHARGE AND PROPERTY OF DEVELOPMENT AUTHORITY

CHAPTER VII
Fees and Charges

  1. Levy, assessment and recovery of development charge.
  2. Levy, assessment and recovery of amenity charge.

CHAPTER VIII
Property of Development Authority

  1. Power to acquire and hold property.
  2. Vesting of property.
  3. Acquisition of property by Development Authority by agreement, exchange, lease, grant, etc.
  4. Disposal of property.
  5. Inventory of properties of the Development Authority.

PART V
REGULATORY JURISDICTION

CHAPTER IX
Streets and public places

  1. Power to classify public and private streets.
  2. Vesting of public streets, parking terminals, squares, parks and gardens in the Development Authority.
  3. Power to the Development Authority in respect of control of public streets, etc.
  4. Rights of way for underground utilities.
  5. Power to maintain maps of underground utilities.
  6. Power to prescribe building-line and street alignment.
  7. Restrictions on erection of, or addition to, buildings or walls within street alignment or building-line.
  8. Power to prohibit use of public streets for certain kind of traffic.
  9. Closure of public street for parking purposes.
  10. Removal of encroachment over public streets, etc.
  11. Penalty for encroachment of street or open space.
  12. Prohibition of causing damage to street or street furniture.
  13. Development Authority may require owners of land to repair damage to public streets, etc.
  14. Nanjing and numbering of streets and numbering of premises.

Private street

  1. Power to require owner to upgrade private street.
  2. Power of access over private street.
  3. Power to lake over private streets.
  4. New private street.
  5. Layout plans.
  6. Lighting of streets in public places and measures for lighting.
  7. Power to take measures for generation of electricity.
  8. Power to prohibit removal, etc. of lamps.

CHAPTER X
Building

  1. Definitions.
  2. Power of State Government to make building rules and to classify areas of New Town, Kolkata for the purpose of application of building rules.
  3. Power to regulate future construction of building in particular streets or localities.
  4. Power to prohibit change of authorized use of building.
  5. Approval of building sites and sanction of plan for erection of buildings.
  6. Prohibition of building without sanction.
  7. Construction of building in contravention of the provisions of the Act or the rules made thereunder.
  8. Application with building plan to erect or re-erect building.
  9. Purpose for which building to be used and conditions of validity of notice.
  10. Sanction of building plan and permission to execute work.
  11. Notice to Development Authority before commencement or work.
  12. Grounds on which sanction may be refused.
  13. Period of completion of building work.
  14. Completion certificate.
  15. Power to prevent the use of inflammable materials for building, etc.
  16. Inspection of building or work requiring sanction.
  17. Provisions of this Chapter not to apply in certain cases of additions and alterations.
  18. Power to Development Authority to cancel permission on the ground of material misrepresentation by applicant.
  19. Order for demolition or alteration of buildings in certain cases.
  20. Power to stop excavation.
  21. Power of Chairman to stop unauthorized construction.
  22. Maintenance of buildings.
  23. Power to order demolition of buildings, dangerous, ruinous or unfit for human habitation.

PART VI
AMENITIES

CHAPTER XI
Water Supply

  1. Development Authority to provide water supply.
  2. Public tanks, sub-soil water, etc., to vest in the Development Authority.
  3. Construction of water works.
  4. Power to lay or carry pipes through public or private land.
  5. Control of construction on land through which water-main, etc., passes.
  6. Power to permit connection to houses and lands.
  7. Power to require water supply to be taken.
  8. Water supply through hydrants, stand-post and other conveniences.
  9. Vesting of private connections to premises in the Development Authority.
  10. Owner to bear expenses of repairs of works connected with the supply of water.
  11. Permission to person outside the area of New Town, Kolkata to take water.
  12. Water not to be wasted.
  13. Power to cut off or to turn off supply of water to premises.
  14. Power to set apart wells, tanks, etc., for drinking, culinary, bathing and washing purposes.
  15. Analysis of water for drinking or culinary purposes.
  16. Power to make rules.

CHAPTER XII
Drainage and sewerage

  1. The Development Authority to provide drainage, sewerage, etc.
  2. Public drains, trunk-sewers, etc., to vest in the Development Authority.
  3. Control of Development Authority over drainage.
  4. Cleaning of drains.
  5. Provision for treatment and disposal of sewage.
  6. Construction or maintenance of drainage and sewerage systems etc.
  7. Power of Development Authority to lay or carry pipe through private and public land.
  8. Use of public drains by private owners.
  9. Power to order demolition of drain constructed without consent.
  10. Draining of group or block of building etc. by combined operation.
  11. Power to enforce drainage of undrain premises and separate drainage in any premises.
  12. Encroachment or drain of Development Authority.
  13. Power to make rules.

CHAPTER XIII
Solid wastes
Functions in relation to solid wastes

  1. Collection, removal and disposal of solid wastes.
  2. Provision for receptacles, depots and places for temporary deposit.
  3. Duties of owners and occupiers to collect and deposit rubbish, etc.
  4. The Development Authority to provide for cleansing of streets and removal of solid wastes.
  5. Solid wastes to be the property of Development Authority.
  6. Provision of vehicles or other suitable means for removal of solid wastes.
  7. Removal of solid wastes accumulated on non-residential premises.
  8. Appointment of places for disposal of solid wastes.
  9. Provision for processing and disposal of solid wastes.
  10. Special sanitary arrangements at certain places.
  11. Prohibition against deposit of solid wastes.
  12. Presumption as to offender.
  13. Depositing or throwing any solid wastes in contravention of the provisions of this Act.
  14. Power of the Development Authority to get certain places scavenged and cleansed.

CHAPTER XIV
Markets and slaughter houses

  1. Provisions of markets and slaughter houses of the Development Authority.

CHAPTER XV
Fire prevention and fire safety

  1. Arrangement for the prevention and fire safety.

PART VII
POWERS, PROCEDURES, PENALTIES AND SAVINGS

CHAPTER XVI
A. Entry and inspection

  1. Power of entry and inspection.
  2. Power to enter land or adjoining land in relation to any work.
  3. Breaking into building.
  4. Time of making entry.
  5. Notice for entry.

B. Public notices and advertisements

  1. Public notices how to be made known.

C. Evidence

  1. Proof of consent etc. of the Chairman of the Development Authority or any officer of the Development Authority.

D. Notices, etc.

  1. Notices, etc. to fix reasonable time.
  2. Signature on notices etc. to be stamped.
  3. Notices, etc. by whom to be served or issued.
  4. Services of notices, etc.

E. Enforcement of orders to execute work etc.

  1. Time for complying with requisition or order, and power of the Chairman or any officer of the Development Authority to enforce requisition for order in default.
  2. Submission of objections to comply with notice.

F. Recovery of expenses

  1. Execution of work by occupier on the failure of owner.

G. Payment of compensation

  1. Compensation to be paid for damage to property of Development Authority.
  2. Recovery of certain dues of Development Authority.

H. Legal Proceedings

  1. Power to institute, etc. legal proceedings and obtain legal advice.
  2. Notice, limitation and tender of relief in suits against the Development Authority.
  3. Indemnity.

I. Power and duties of police officers

  1. Co-operation of the police.
  2. Power of police to arrest offenders.

J. General provisions

  1. Validity of notices and other documents.
  2. Admissibility of document or entry as evidence.
  3. Evidence of officer or other employee of the Development Authority.
  4. Prohibition against removal of mark.
  5. Prohibition against removal or obliteration of notice.
  6. Prohibition against unauthorized intermeddling with property of the Development Authority.

CHAPTER XVII
Rules and Regulations

  1. Power to make rules.
  2. Power to amend Schedule.
  3. Power to make regulations.
  4. Regulations to be subject to approval of State Government.
  5. Power of State Government to cancel or to modify regulations.
  6. Penalty for breach of rules or regulations.
  7. Rules and regulations to be available for inspection and purchase.
  8. Doubts as to powers, duties or functions of Development Authority.

CHAPTER XVIII
Co-ordination and Control

  1. Power of State Government to call for documents, returns or information from Chairman or any officer of Development Authority.
  2. Inspection of works and institutions by Government Officers.
  3. Power to suspend action under the Act.
  4. Power to remove the Chairman, Member-Secretary or the Members of the Development Authority.
  5. Directions by the State Government.
  6. Power of State Government in case of default.
  7. Power of State Government to intervene in case of gross neglect or serious irregularity.
  8. Special provision in the case of prohibitory order from court.
  9. Co-ordination for purposes of planning and development
  10. Members, officers and employees to be public servants.
  11. State Government to place officers and other employees at the disposal of Development Authority.
  12. Disputes.
  13. Penalties and punishments.
  14. Removal of difficulties.

CHAPTER XIX
Miscellaneous

  1. Power to acquire land.
  2. Payment of compensation.
  3. Relaxation.
  4. Act to have overriding effect.
  5. Dissolution of Development Authority.
  6. Repeal and savings.

No. 1088-L dated 27.06.2008, Source