West Bengal Town and Country (Planning & Development) Act 1979

Updated: 2023

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

(West Bengal Act No. 5 of 1979)

[Dated 11th June, 1979]

An Act to provide for the planned, eco-friendly, holistic and sustainable development of rural and urban areas, restricted development of fringe areas of forests, coastal zones, wetland other eco-sensitive zones without disturbing or sacrificing the existing rich biodiversity of flora and fauna, treasure of plants, shrubs and herbs of medicinal value, unique ecosystems in West Bengal and for matters connected therewith or incidental thereto.] [Substituted by Act No. 5 of 2015, dated 6.4.2015 (w.e.f. 11.6.1979).]

Whereas it is expedient in the public interest to provide for the planned, eco-friendly, holistic and sustainable development of rural and urban areas, restricted development of fringe areas of forests, coastal zones, wetland fringes and other margins of eco-sensitive zones without disturbing or sacrificing the existing rich biodiversity of flora and fauna, treasure of plants, shrubs and herbs of medicinal value, unique ecosystems in West Bengal and for matters connected therewith or incidental thereto;] [Substituted by Act No. 5 of 2015, dated 6.4.2015 (w.e.f. 11.6.1979).]

It is hereby enacted in the Thirtieth Year of the Republic of India, by the Legislature of West Bengal, as follows : –

Chapter I
Preliminary

1. Short title, extent and commencement.
   (1) This Act may be called the Nest Bengal Town and Country (Planning and Development) Act, 1979.
   (2) It extends to the whole of West Bengal, excluding any area to which the Provisions of the Cantonments Act, 1924 (2 of 1924), apply.
   (3) It shall come into [force] [The Act came into force on 1st April, 1980 vide Notification No. 1873-T & CP/1R-6/80, dated the 17th March, 1980.] on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas.

2. Definitions.
   In this Act, unless there is anything repugnant in the subject or context, –
   (1) “agriculture” includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees, or any kind of cultivation of soil, breeding and keeping of live-stock including cattle, horses, donkeys, mules, pigs and poultry, and the use of land which is ancillary to the farming of land or any other agricultural purposes, but shall not include the use of any land attached to a building for the purpose of a garden to be used along with such building; and the expression “agricultural” shall be construed accordingly;
   (2) “amenities” includes roads and streets, open spaces, parks, recreational grounds, playgrounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences;
   (2a) “betterment fee” means the fee mentioned in section 106B in respect of an increase in value of land resulting from the execution of an improvement scheme;] [Inserted by West Bengal Act No. 15 of 2017, dated 31.3.2017.
   (3) “building operations” includes –
   (a) erection or re-erection of a building or any part of it,
   (b) roofing or re-roofing of a building or any part of a building or an open space,
   (c) any material alteration or enlargement of any budding,
   (d) any alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangements or materially affect its structural stability, and
   (e) the construction of a door opening on any street or land not belonging to the owner of a building;
   (4) Kolkata [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 5 of 2001) (w.r.e.f. 1.1.2001) for “Calcutta”] Metropolitan Area” means the [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 5 of 2001) (w.r.e.f. 1.1.2001) for “Calcutta”] Metropolitan Planning Area as referred to in section 16 of this Act;
   (5) “commerce” means the carrying on of any trade, business or profession, sale or exchange of goods of any type whatsoever, and includes the running of, with a view to making profit, hospitals, nursing homes, infirmaries, educational institutions as also hotels, restaurants, boarding houses not attached to any educational institution and sarais; and the expression “commercial” shall be construed accordingly;
   (6) “commercial use” means the use of any land or building or part thereof for purposes of commerce or for storage of goods or as an office, whether attached to any industry or otherwise;
   (7) “development” with its grammatical variations means the carrying out of building, engineering, mining or other operations, in, on, over, or under land or the making of any material change in any building or land or in the use of any building or land and includes division of any land;
   (8) “Development Authority” means a Development Authority constituted under this Act and includes the [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 5 of 2001) (w.r.e.f. 1.1.2001) for “Calcutta”] Metropolitan Development Authority as referred to in section 17 of this Act;
   (9) “improvement scheme” means an improvement scheme explained in section 106B, but does not include a projected public street or a projected public park;] [Inserted by West Bengal Act No. 15 of 2017, dated 31.3.2017.
   (9A) “Eco-Tourism Board” means the West Bengal Eco-Tourism Advisory Board constituted under section 8A;] [Inserted by Act No. 5 of 2015, dated 6.4.2015 (w.e.f. 11.6.1979).
   (10) “industry” includes the carrying on of any manufacturing process as defined in the Factories Act, 1948 (63 of 1948), and the expression “industrial” shall be construed accordingly;
   (11) “industrial use” includes the use of any land or building or part thereof for purposes of industry;
   (12) “land” shall have the same meaning as in the Land Acquisition Act, 1894 (1 of 1894) and shall include land covered by water;
   (12A) “Land Use and Development Control Plan” means any Land Use and Development Control Plan prepared under this Act;] [Clause (12A) inserted by Section 2(b) ibid.
   (13) “local authority” means a municipal corporation or committee or a board or any other authority legally entitled to, or entrusted by the State Government with, the control or management of a municipal or local fund or which is permitted by the State Government to exercise the powers of a local authority and includes a Zilla Parishad, a Panchayat Samity and a Gram Panchayat constituted under the West Bengal Panchayat Act, 1973 (West Bengal Act No. 41 of 1973).
   Explanation. – The expression “local authority concerned” shall mean that authority if any land within its local limits shall falls in the area of a plan prepared or to be prepared under this Act;
   (14) “local newspaper” in relation to a Planning Area means any newspaper published or circulated within the Planning Area;
   (15) “notification” means a notification published in the Official Gazette;
   (16) “occupier” includes –
   (a) a tenant,
   (b) an owner in occupation of or otherwise using his land,
   (c) a licensee in occupation of any land, and
   (d) any person who is liable to pay to the owner damages for the use and occupation of any land;
   (17) “operational construction” means any construction, whether temporary or permanent, which is necessary for the operation, maintenance, development or execution of any of the following services : –
   (I) railways,
   (ii) national highways,
   (iii) national waterways,
   (iv) major ports,
   (v) airways and aerodromes,
   (vi) posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication,
   (vii) regional grid for electricity.
   (viii) any other service which the State Government may, if it is of opinion that the operation, maintenance, development or execution of such other service is essential to the life of the community, by notification, declare to be a service for the purposes of this clause.
   Explanation. -For the removal of doubts, it is hereby declared that the construction of –
   (I) new residential buildings not connected with operations like gate lodges, hospitals, clubs, institutions, schools, railway colony roads, drains, etc., in the case of railways, and
   (ii) a new building, new structure or new installation or any extension thereof, in the case of any other service, shall not be deemed to be construction within the meaning of this clause;
   (18) “owner” includes a mortgagee in possession, a person who for the time being is receiving, or is entitled to receive, or has received, the rent or premium for any land whether on his own account or on account of, or on behalf of, or for the benefit of, any other person or as an agent, trustee, guardian or receiver for any other person or for any religious or charitable institution or who would so receive the rent or premium or be entitled to receive the rent or premium it the land were let to a tenant; and also includes the I-lead of a Department or an Undertaking of the Central or a State Government, the General Manager of a Railway, the Secretary or other principal officer of a local authority, statutory authority or company in respect of properties under their respective control;
   (19) “Planning Area” means any area declared to be a Planning Area under this Act and includes [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 18 of 2001) (w.r.e.f. 1.1.2001) for “Calcutta”] Metropolitan Area;
   (20) “Planning Authority” means any Planning Authority constituted under this Act;
   (21) “prescribed” means prescribed by rules made under this Act;
   (22) “public place” means any place or building which is open to the use or enjoyment of the public whether it is actually used or enjoyed by the public or not and whether the entry is regulated by any charge or not;
   (23) “regulation” means a regulation made under this Act;
   (24) “residence” means the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables and out-houses, if any. appertaining to such building; and the expression “residential” shall be construed accordingly.
   (25) “township” means a clearly delineated planned development project within a planning area having requisite basic urban-infrastructure facilities and amenities and conforming to development parameters as may be prescribed : [Clause (25) inserted by Section 2 of the West Bengal Town and Country (Planning and Development) (Amendment) Act. 2008 (West Bengal Act No. 10 of 2008).]
   Provided that such township may be, –
   (I) residential township for predominantly residential purpose;
   (ii) special category of township like Institutional, Industrial or such others township as the State Government may notify;
   (iii) integrated township.]

Chapter II
State Town and Country Planning Advisory Board

Chapter III
Declaration of Planning Areas and Constitution of Planning Authorities and Development Authorities

Chapter V
Preparation of present Land Use Map

Chapter VI
Preparation of [Land Use and Development Control Plans] and Procedure for their Statutory Approval

Chapter VII
Control of Development and Use of Land

Chapter VIII
Development Schemes

Chapter IX
Levy, Assessment and Recovery of Development Charge

Chapter X
Finance, Accounts and Audit

Chapter XI
Supplemental and Miscellaneous Provisions

The Schedule

No. 2835-T&CP/IS-2194Calcutta, the 10th November, 1994.NotificationWhereas the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979) have come into force in the areas described in the Schedule to this department Notification No. 2934- T&C P/I S-2/94 dated 10.11.1994.

Now, therefore, in exercise of the power conferred by sub-section (1) read with sub-section (2) of section 9 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979) the Governor is pleased hereby to declare the said area to be a “Planning Area” for the purpose of the said Act and to define the limits of the said area in the Schedule below :-First Schedule

No. 2836-T&CP/IS-2/94Calcutta, the 10th November, 1994.NotificationIn exercise of the power conferred by sub-section (4) read with sub-section (1) of section 11 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979), the Governor is pleased hereby to appoint the District Magistrate, 24-Parganas (South) District as the Planning Authority in respect of the Planning Area declared as such under this department Notification No. 2834-T&CP/IS-2/94 dated 10.11.94.By order of the Governor,Sd/- S. K. RAYSpecial Secretary to theGovernment of West Bengal.