West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters), Act, 1993
No: 20 Dated: Mar, 09 1994
THE WEST BENGAL BUILDING (REGULATION OF PROMOTION OF CONSTRUCTION AND TRANSFER BY PROMOTERS) ACT, 1993
West Bengal Act XX of 1993
An Act to provide for the regulation of promotion of construction, and transfer of building by promoters in West Bengal.
Whereas it is expedient in the public interest to provide for the regulation of promotion of construction and transfer of building by promoters in West Bengal;
It is hereby enacted in Forty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:
1. Short title, extent and commencement.— (1) This Act may be called the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993.
(2) It extends to the whole of West Bengal.
(3) It shall come into force in such area or areas, and on such date or dates, 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 the context otherwise requires,—
(a) "apartment" means an apartment as defined in the West Bengal Apartment Ownership Act, 1972 (West Bengal Act No. 16 of 1972);
(b) "block" means a block of flats;
(c) "building" includes a flat or block;
(d) "contractor" means any person who undertakes a contract for construction of any building;
(e) "flat" means a separate residential unit, whether self contained or not, used or intended to be used for any of the purposes referred to in sub-clauses (a) to (i) of clause (2) of section 390 of the Calcutta Municipal Corporation Act, 1980 (West Bengal Act LIX of 1980), and includes an apartment;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "promoter" means a person who constructs or causes to be constructed a building on a plot of land fur the purpose of transfer of such building by sale, gift or otherwise to any other person or to a company, co-operative society or association of persons, and includes—
(i) his assignee, if any,
(ii) the person who constructs, and the person who transfers by sale, gift or otherwise, the building, if the two are different persons,
(iii) the Government,
(iv) an undertaking of the Government, or
(v) any board, company, corporation, firm or other association of persons, established by or under any law for the time being in force:
(h) "purchaser" means any person who, under section 7, enters into an agreement with the promoter for the purchase of a flat;
(i) "Registrar", means the Registrar as defined in the West Bengal Co-Operative Societies Act, 1983 (West Bengal Act No. 45 of 1993);
(j) the expression "to construct a building" with its grammatical variation means-
(i) to construct a new building, or
(ii) to re-construct a building, or
(iii) to convert a building, or any part of a building, not being a flat or block, into a flat or block,