Calcutta Metropolitan Planning Area (Use And Development Of Land) Control Act, 1965
No: 14 Dated: Jun, 17 1965
THE CALCUTTA METROPOLITAN PLANNING AREA (USE AND DEVELOPMENT OF LAND) CONTROL ACT, 1965
West Bengal Act XIV of 1965
An Act to provide for controlling the use and development of land in the Calcutta Metropolitan Planning Area.
Whereas it is expedient in the interest of the general public to provide for controlling the use and development of land in the Calcutta Metropolitan Planning Area and for matters connected therewith;
It is hereby enacted in the Sixteenth Year of the Republic of India, by the Legislature of West Bengal, as follows :-
1. Short title, extent, commencement and application. - (1) This Act may be called the Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 1965.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
(4) It shall apply in the first instance only to the Calcutta Metropolitan Planning Area but the State Government may, by notification in the Official Gazette, apply the provisions of this Act to any other area specified in such notification not being an area included in a Cantonment declared as such under section 3 of the Cantonments Act, 1924.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(a) "building" includes any structure or erection or part of a structure or erection or part of a structure or erection which is intended to be used for residential, commercial, industrial or other purposes, whether in actual use or not;
(b) "Calcutta Metropolitan Planning Area" means the area described in the Schedule;
(c) "Controller" means a Controller appointed under sub-section (1) of section 5 and, in respect of functions which may be exercised by an Additional Controller or a Deputy Controller by virtue of his appointment under sub-section (2) of that section, includes such Additional Controller or Deputy Controller, as the case may be;
(d) "controlled area" means any area declared to be a controlled area under section 3;
(e) "development", with its grammatical variations and cognate expressions, 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;
(f) "occupier" in relation to any land or building includes an owner in occupation or otherwise using the same, a tenant, whether liable to pay rent or not, a licensee in occupation, or any person who is liable to pay to the owner damages for the use and occupation of the same;
(g) "owner" in relation to any land or building includes a mortgagee in possession or a person who for the time being is receiving or is entitled to receive, or has received, rent or premium therefor 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 rent or premium or be entitled to receive rent or premium if the land or building were let to a tenant; and also includes the Head of a Government Department, General Manager of a Railway, the Secretary or other principal officer of a local authority, statutory authority or company, in respect of lands and buildings under their respective control;
(h) "prescribed" means prescribed by regulations made under this Act.
3. Declaration of controlled area. - If, in the opinion of the State Government, the use and development of land in any area to which this Act applies [or in any part thereof], requires to be controlled under this Act with a view to securing its orderly development, it may, by notification in the Official Gazette, declare such area to be a controlled area.