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W.B. Town and Country (Planning and Development) Act, 1979

Municipal Affairs, Urban Development

Government of West Bengal
Legislative Department
West Bengal Act XIII of 1979
West Bengal Town and Country (Planning and Development) Act, 1979

An Act to provide for the planned development of rural and urban areas in West Bengal and for matters connected therewith or incidental thereto.

  1. Short title, extent and commencement
  2. Definitions
  3. State Town and Country Planning Advisory Board
  4. Composition of the Board
  5. Functions of the Board
  6. Term of office and conditions of service of the members of the Board
  7. Meeting of the Board
  8. Quorum
  9. Declaration of Planning Areas, their amalgamation, sub-division and inclusion of any area in Planning Area
  10. Power to withdraw Planning Area from the operations of this Act
  11. Constitution of planning Authority and Development Authority
  12. Term of office and terms and conditions of service of the Chairman and members of Planning Authority and
    Development Authority
  13. Powers and functions of Planning Authority and Development Authority
  14. Meeting of Planning Authorities and Development Authorities
  15. Constitution of Advisory Council
  16. Kolkata Metropolitan Area
  17. Kolkata Metropolitan Development Authority
  18. Powers and functions of the [Kolkata] Metropolitan Development Authority
  19. Composition of the Kolkata Metropolitan Development Authority
  20. Meeting of the Kolkata Metropolitan Development Authority
  21. Power to appoint Officers and Secretary and other staff
  22. Advisory Council
  23. Constitution of committees
  24. Power of the Kolkata Metropolitan Development Authority to give directions
  25. Power of the Kolkata Metropolitan Development Authority to execute any plan
  26. Delegation
  27. Amendment of the Kolkata Improvement Act, 1911, the Howrah Improvement Act, 1956, and the Kolkata Metropolitan Water and Sanitation Authority Act, 1966
  28. Preparation of present Land Use Map and Land Register
  29. Notice of the preparation of the Map and the Register
  30. Power of State Government in case of default of the Planning Authority or Development Authority to prepare the Map or the Register
  31. Land Use and Development Control Plan
  32.  Omitted
  33. Land Use and Development Control Plan prepared prior to the application of this Act to be deemed Land Use and Development Control Plan under this Act
  34. Power of State Government to direct preparation of Land Use and Development Control Plan
  35. Approval of the State Government to the publication of notice of preparation of Land Use and Development Control Plan
  36. Public notice of the preparation of the Land Use and Development Control Plan
  37. Approval of the State Government
  38. Coming into operation of the Land Use and Development Control Plan
  39. References to High Court questioning the validity of the Land Use and Development Control Plan
  40. Amendment of Land Use and Development Control Plan
  41. Changes in the Land Use and Development Control Plan
  42. Annulment of the Land Use and Development Control Plan
  43. Power to acquire land under the Land Acquisition Act, 1894
  44. Use and development of land to be in conformity with Land Use and Development Control Plan
  45. Prohibition of development without payment of development charges and without permission
  46. Permission for development
  47. Appeal against grant of permission subject to conditions or refusal of permission
  48. Lapse of permission
  49. Obligation to acquire land on refusal of permission or on grant of permission in certain cases
  50. Compensation for refusal of permission or grant of permission subject to conditions in certain cases
  51. Power of revocation and modification of permission to develop
  52. Penalty for unauthorised development or for use otherwise than in conformity with the Land Use and Development Control Plan
  53. Notice regarding unauthorised development or use otherwise than in conformity with the Land Use and Development Control Plan
  54. Power to stop unauthorised development
  55. Power to require removal of unauthorised development or use
  56. Interim provision pending preparation of Land Use and Development Control Plan
  57. Preparation of development schemes
  58. Scope of the development scheme
  59. Contents of the scheme
  60. Reconstitution of plot scheme
  61. Publication of the scheme
  62. Power of the State Government to require the Development Authority to make scheme
  63. Power of State Government to suspend rules, bye-laws, etc.
  64. Procedure in case of disputed claims to land
  65. Restrictions on use and development of land after the publication of the scheme
  66. Possession of land in advance of development scheme
  67. Magistrate to enforce delivery of possession of land
  68. Persons interested in land of which possession is taken entitled to interest
  69. Consideration of objections and submission of scheme to the State Government
  70. Public notice of the scheme
  71. Withdrawal of scheme by the Development Authority
  72. Effect of scheme
  73. Determination of certain matters by the Development Authority
  74. Appeal
  75. Tribunal of Appeal
  76. Place where Tribunal may sit
  77. Decision of questions of law and other questions
  78. Powers of Tribunal to decide matter finally
  79. Tribunal not to be Court
  80. Remuneration of Assessors and payment of incidental expenses of Tribunal
  81. Decision of the Development Authority to be final in certain matters
  82. Power of the Development Authority to evict summarily
  83. Power to enforce scheme
  84. Power to vary scheme on ground of error, irregularity or infirmity
  85. Power to vary development scheme
  86. Apportionment of cost of scheme withdrawn
  87. Cost of development scheme
  88. Calculation of increment
  89. Contribution towards cost of scheme
  90. Certain amount to be added to or deducted from contribution leviable from person
  91. Transfer of rights from existing to reconstituted plot or extinction of such rights
  92. Damage in respe ct of property or right injuriously affected by scheme
  93. Exclusion of limitation of damage in certain cases
  94. Provision for cases in which amount payable to owner exceeds amount due from him
  95. Provision for cases in which value of development plots is less than the amount payable by owner
  96. Payment by adjustment of account
  97. Payment of net amount due to Planning Authority or Development Authority
  98. Power of Development Authority to make agreement
  99. Recovery of arrears
  100. Disposal of surplus amount
  101. Execution of works in the scheme by the Development Authority
  102. Levy of development charge
  103. Rates of development charges
  104. Assessment of development charge
  105. Appeals against assessment
  106. Development charge to be charged on land and to be recoverable as arrears of land revenue
  107. Fund of the Planning Authority or Development Authority
  108. Fund of the Kolkata Metropolitan Development Authority
  109. Grants and advances by State Government
  110. Budget of the Planning Authority or Development Authority
  111. Accounts and Audit
  112. Annual reports
  113. Constitution of provident fund
  114. Power of the Planning Authority, Development Authority and the Kolkata Metropolitan Development Authority to borrow money
  115. Power of entry
  116. Service of notices
  117. Public notice how to be made known
  118. Notices, etc., to fix reasonable time
  119. Authentication of orders and documents of the Planning or Development Authority
  120. Mode of proof of records of the Planning Authority or Development Authority
  121. Restriction on the summoning of officers and employees of the Planning Authority or Development Authority
  122. Offences by companies
  123. Penalty for obstruction or removing mark
  124. Sanction of prosecution
  125. Composition of offences
  126. Right to appear by recognised agent
  127. Power to compel attendance of witness, etc
  128. Jurisdiction of courts
  129. Fine when realised to be paid to Planning Authority or Development Authority
  130. Members, officers and employees to be public servants
  131. Protection of action taken in good faith
  132. Finality of orders
  133. Validation of acts and proceedings
  134. Power to delegate
  135. Control by the State Government
  136. Returns and information
  137. Overriding effect
  138. Power to make rules
  139. Power to make regulations
  140. Laying of rules before State Legislature
  141. Dissolution of Planning and Development Authorities
  142. Repeal and Savings

Download: West Bengal Town and Country (Planning and Development) Act, 1979