Conditions for construction in rural area
The West Bengal Panchayat (Gram Panchayat Administration) Rules,
2004
CHAPTER-IV
Control of building operations
1.
Application in Form 4.
2.
Payment of fees.
3.
Exemption from permission.
4.
Construction proposal to pre-suppose civic amenities.
5.
Approach road or passage for building.
6.
Restriction on construction over tank and water body.
7.
Maximum coverage of residential building.
8.
Construction of residential building.
9.
Prohibition of dry latrine.
10. Classification
of land for construction.
11. Manner of
processing of an application.
12. Construction
within the Kolkata metropolitan area.
13. Restriction
for construction in the vicinity of airport or prohibited area.
14. Right of
applicant if the permission or refusal is not communicated within time limit.
15. Permission
for construction of building for commercial or institutional purposes.
16. Grounds for
withholding or refusing permission.
17. Inspection
of structure or building under construction.
18. Rate of fee
for application.
19. Construction
of park and garden.
20. Construction
of public drain.
21. Collection
and disposal of solid waste.
38. Appeal against the decision of the Gram Panchayat.
17. Application in Form 4. - (1) Subject to
the provisions of rule 20, any person intending to erect a new structure or a
new building or to make any addition to an existing structure or building in
any area within the jurisdiction of a Gram,
shall, for obtaining prior permission in writing of the concerned Gram Panchayat, make an application, in
duplicate, in Form 4 to the Gram
Panchayat. The Secretary or any other employee of the Gram Panchayat authorised by the Pradhan in this behalf, shall receive the application, in
duplicate; retain one copy of it and return the other copy noting thereon the
date of receipt under his signature and the seal of the Gram Panchayat.
(2)
An application in Form 4 shall be submitted
along with a plan in duplicate, of the proposed structure or building, a site
plan in duplicate, copy of records of right, and copy of such other records
showing title and interest of the applicant in respect of the land as may be
necessary.
(3)
Copies of Form 4 shall be supplied on demand by
the Gram Panchayat to any intending applicant
at a non-profit making price to be fixed by the committee referred to in
sub-rule (1) of rule 10 of the West Bengal Panchayat
(Gram Panchayat Miscellaneous
Accounts and Audit) Rules, 1990; the Secretary shall maintain the accounts of
the stock of Form 4.
(4)
Notwithstanding anything contained in sub-rule
(3) any person may submit his application in Form 4 under sub-rule (1) in
manuscript, typewritten or otherwise mechanically prepared copy of the Form.
18. Payment of fees. – (1) No application
under this rule shall be considered by a Gram
Panchayat unless
such application is accompanied by a receipt of the fees paid by the applicant
at such rate as may be applicable under rule 34. The Secretary or any other
employee of the Gram Panchayat,
authorised by the Pradhan in this
behalf, shall receive the fee tendered in cash and shall immediately grant a
formal receipt therefor.
(2)
The fee referred to in sub-rule (1) shall not be
refunded to the applicant under any circumstance.
19. Exemption from permission. – (1) No permission
of the Gram Panchayat shall be
necessary for erection of any thatched structure, tin shed, or tile shed,
without brick wall, covering an area not exceeding eighteen square metres, and
such structure or shed does not cover more than three-fourth of the total area
of the land including the land appurtenant thereto.
(2)
Permission of the Gram Panchayat shall not be necessary for repair of an existing
structure or building unless,
(i) any
structural change is involved, or
(ii) such
repair brings any change in the existing covered area, or
(iii) such
repair includes any addition of a projection from the existing structure
or building ground level or upper
level.
(3) Permission of
a Gram Panchayat shall not be
necessary for erection of a boundary wall unless it is made of brick or cement
and the bounded area is not kept as vacant land but it is used or likely to be
used as stack yard or for any commercial or institutional purpose either on
open space or by erecting temporary shed.
20. Construction
proposal to pre-suppose civic amenities. -
(1) With effect from such date and with respect to such Gram or Grams as may be specified by the State Government by notification,
a plan for new structure or building within the jurisdiction of a Gram Panchayat shall have reasonable
provision for,
(a) adequate drainage facility by means
of access and passage leading to existing
public drains or drainage channels or by means of soak-pit having
adequate capacity, (b) sanitary facilities including garbage disposal facility,
and (c) access road or passage to the plot as referred to in rule 21.
(2) If a Gram Panchayat is of
opinion that for the purpose of proper sanitation in a locality, any premises
should have its drainage facility through a private drain owned by another
plotholder, the Gram Panchayat may,
by a written notice to the owner of the plot - holder as also the users of such
private drain, require
(i) the owner of the plot-holder to connect his house
drain with such private drain, and (ii) the owner of such private drain to
permit such connection with the private drain.
(3) When a connection is made under sub-rule (2) maintenance, repair and
clearing of the private drain from the point of such connection upto the public
drain shall be the joint responsibility of the owners of such premises and the
users of the private drain. If any dispute arises between the owners and the
users in the discharge of the joint responsibilities, it shall be referred to
the Pradhan, and his decision in such
dispute shall be final and binding on the owners.
Explanation. - For the purposes of this
rule, "public drain" means a drain maintained by the Central
Government, the State Government or any local authority where the owner or the
occupier of a building or land may cause his drains to empty.
21.
Approach
road or passage for building. – (1) With effect from such date, and with
respect to such Gram or Grams, as may be specified by the State
Government by notification, every structure or building shall have an approach
road or passage from a public road and the minimum width of such passage or
road shall be one and eight-tenth metres.
(2)
If an existing passage or road over which the
public have a right of way, is less than one and eight-tenth metres wide, the
plot-holders on either side of such passage or road shall keep a front set-back
in such manner as to allow a front set-back of nine-tenth metre on either side
of the road after leaving in the middle a clear passage of one and eight-tenth
metres and a rear set back of one and eight-tenth meter:
Provided that if a Gram Panchayat
is of the opinion that an existing building or part thereof should be set-back
to allow a regular passage or road of not less than one eight-tenth metres in
pursuance of any development plan, the Gram
Panchayat, after giving the owner of such building an opportunity of being
heard, may refer a proposal through the Panchayat
Samiti to the Land Acquisition Collector for acquisition of the land in
question:
Provided that when the plot holders on either side of an approach
passage or road allow front set-back in such manner that on leaving a front
set-back of nine-tenth metre in front of each house along the passage, a
continuous width of five metres for the passage or road is obtained, such
passage or road may be taken over and maintained by the Gram Panchayat.
(3)
Whenever there is a service road or approach
passage available, no direct access from a building shall be permitted to a
public road.
Explanation. - For the purposes of this rule, 'public road' means a
National Highway referred to in the National Highway Act, 1956 (48 of 1956) or
a Highway within the meaning of the West Bengal High way Act, 1964 (West Ben.
Act XXVIII of 1964) or a road maintained by the Zilla Parishad or any other road normally used for vehicular
traffic.
22.
Restriction
on construction over tank and water body. – (1) A Gram Panchayat shall not give permission to any erection or
construction by filling up any tank, pond, or other water body, marshy land or
abandoned brickfield or sand quarry, coal mine, mineral quarry or any other
water area and shall take such steps as may be considered appropriate (a) for
use of public water body, or
(b) for
drainage facility in the locality, or
(c) for
fire fighting purposes, or
(d) from
environmental and ecological point of view, or
(e) for
promotion of pisciculture, or
(f) for
any other use of public interest, or
(g) for
recreation purpose, or
(h) for
ethnic purpose, or
(i) for
production of micro and macro organism, or (j)
for production of aquatic flora and fauna:
Provided that in pursuance of any direction or
order issued by any Court or a competent authority, a Gram Panchayat may, for reasons to be recorded in a resolution
adopted in this behalf, give permission, under special circumstances for any
such erection or construction.
(2) In case of illegal filling of any
tank, pond or other water body, marshy land or abandoned brick field or sand
quarry, coal mine, mineral quarry or any other water area, the Gram Panchayat
shall immediately report the matter to the Block Development Officer and exofficio Executive Officer of the Panchayat Samiti and the Police Station
for taking appropriate action.
23.
Maximum
coverage of residential building. - The maximum building coverage of an
individual plot shall be two-third of the total area for a residential
building. One-third of the total plot area that shall be kept vacant shall
include front, side and rear setback spaces. The Gram Panchayat shall refuse all such applications for permission of
any addition to an existing structure or building if the existing coverage
added with the proposed addition exceeds twothird of the total plot area.
24.
Construction
of residential building. - (1) Subject to such order as may be issued by
the
State Government in this behalf, any structure or a
building within the jurisdiction of a Gram
Panchayat shall be erected or constructed with a set-back of at least
nine-tenth metre from each side of the plot. In doing so, there shall be a
minimum perpendicular distance of one and eighttenth metres from the side of
any proposed new building to the side of an existing building.
(2)
Subject to the maximum height of fifteen metres,
the height of a new or existing structure shall be one and half times the width
of the approach road added with the width of the front set back of that
building. But no setback in the building shall be allowed.
(3)
The area of a habitable room shall be not less
than six square metres with a minimum width of two and one-fifth metres.
(4)
The area of a kitchen shall be not less than
three-square metres with a minimum width of one and half metres.
(5)
The area of an independent water-closet or any
independent bathroom shall be not less than eight-tenth square metre with a
minimum width of seventeen-twentieth metre; if a watercloset is combined with
bathroom, its floor area shall not be less than one and a half square metre
with a minimum width of nine-tenth metre.
(6)
The height of all habitable and multipurpose
rooms shall not be less than two and sixtenth metres from the surface of the
floor to the lowest point of the ceiling; the height of the kitchen,
water-closet, bathroom, corridor or passage shall not be less than two and
one-tenth metres from the surface of the floor to the lowest point of the
ceiling.
Explanation. - In this rule, "habitable room" means a room
meant for human habitation other than a kitchen, bath, water closet or
storeroom.
25.
Prohibition
of dry latrine. - A Gram Panchayat
shall not accord permission for erection or construction of a dry latrine
either in an existing building or as a part of a new construction.
26.
Classification
of land for construction. - If any structure or building is proposed to be
erected or constructed on any land recorded otherwise than as homestead land,
the Gram Panchayat shall withhold
permission for such erection or construction until the applicant produces an
order allowing change of classification of the said land by the Collector or
any other competent authority having jurisdiction under any law for the time
being in force.
27.
Manner of
processing of an application. - (1) On presentation of an application under
sub-rule (1) of rule 17, the Pradhan
or the Upa-Pradhan or any other
member authorised by the Gram Panchayat
in this behalf, shall examine the right, title and interest of the applicant in
respect of the land on which the structure or the building is proposed to be
erected along with the building plan and the site plan, and, after such enquiry
as may be considered necessary, shall within a period of thirty days from the
date of receipt of the application, place it before the Gram Panchayat for granting or, as the case may be, refusing
permission for the erection or construction applied for.
(2)
A Gram
Panchayat shall, when granting permission under sub-rule (1) specify a
reasonable period within which the structure or the building is to be completed
and if the erection or construction is not completed within the period so
specified, it shall not be continued thereafter without allowing an extension
of such period. The Gram Panchayat
may, if it considers necessary, in view of the changed circumstances, require a
modification of the building plan for reasons to be recorded in writing in case
of delay in completion of the work.
(3)
When a Gram
Panchayat refuses permission under sub-rule (1),
(i)
the applicant shall be given an opportunity of
being heard;
(ii)
the grounds for refusal shall be recorded in
writing and communicated to the applicant;
(iii) the
applicant may be allowed to submit modified proposal removing the grounds for
refusal in a fresh application form or in a plain paper, as may be appropriate,
with two copies of the modified building plan and other records as may be
relevant, within a period of one year
from the date of communication of such refusal; such proposal shall not be
taken as a new proposal and the applicant shall not be required to deposit any
fee as referred to in rule 34.
(4)
As soon as may be, after the Gram Panchayat grants or refuses
permission under subrule (1), the Pradhan
or the Upa-Pradhan or the person
authorised in this behalf shall communicate in writing to the applicant of the
permission granted for the construction sought for or the refusal in this
behalf, as the case may be. In case of
permission, one approved copy of the building plan and of the site plan shall
be returned to the applicant, and the date within which the erection or
construction is to be completed, shall be communicated. The applicant shall be
informed of the grounds of refusal and further actions that may be taken by him
in this regard.
(5)
Subject to the provisions of rule 28 and rule
29, communication to the applicant under sub-rule (2) shall be made by the Gram Panchayat within a period of sixty
days from the date of receipt of the application under sub-rule (1) of rule 17.
28.
Construction
within the Kolkata metropolitan area. – (1) Notwithstanding anything
contained in these rules, any application made under sub-rule (1) of rule 17
pertaining to the Kolkata metropolitan area as defined in the West Bengal Town
and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979)
shall be subject to the provisions of any rule made, or any order or direction
of a competent authority issued, under the West Bengal Town and Country
(Planning and Development) Act, 1979.
(2) An application under sub-rule (1) shall, within a period of thirty
days from the date of receipt of the application, be forwarded by the Gram Panchayat with its comments to the Zilla Parishad having jurisdiction and
the Zilla Parishad, on receipt of such application and comments of the Gram Panchayat, shall, on a reference of
the matter to the Kolkata Metropolitan Development Authority, if necessary,
return the application and other documents within a period of thirty days from
the date of such receipt, with its approval or comments as the case may be, to
the Gram Panchayat for action under
sub-rule (4) of rule 27.
29.
Restriction
for construction in the vicinity of airport or prohibited area. - No person
shall erect near or in the vicinity of any airport or of a prohibited area,
notified as such by a competent authority under any law for the time being
force, any structure or building, tending to hazard aviation or security, as
the case may be. The Gram Panchayat,
on receipt of such application under sub-rule (1) of rule 17, shall cause an
examination and enquiry under subrule (1) of rule 27, and forward the
application within thirty days from the date of its receipt to the Zilla Parishad with comments; the Zilla Parishad on receipt of the
application and the comments of the Gram
Panchayat, shall –
(a)
approve the proposal and the plan with or
without any modification, or
(b)
refuse the proposal and the plan, and return the
application and other papers within
thirty days from the date of its receipt by the Zilla Parisahd to the Gram
Panchayat for appropriate action within ninety days from the date of
receipt of the application.
30.
Right of
applicant if the permission or refusal is not communicated within time- limit.
- If permission or refusal under sub-rule (5) of rule 27, 28 or 29 as the case
may be, is not communicated by the Gram
Panchayat within the prescribed time limit it shall be presumed that the Gram Panchayat has accorded such
permission and it shall be lawful for the applicant to erect any structure or
building conforming to the building plan and the site plan furnished by him
along with the application.
31.
Permission
for construction of building for commercial or institutional purposes. –
(1) The Gram Panchayat shall not
accord permission for erection of a structure or construction of a building for
commercial or institutional purposes or for establishing a factory or workshop
or warehouse or godown, –
(a) in
a predominantly residential area, or
(b) on
a road or an approach passage having a width measuring less than five metres.
(2)
There shall be a front setback of not less than
one and one-fifth metre for a structure or building referred to in sub-rule
(1).
(3)
The maximum building coverage of a structure or
building referred to in sub-rule (1) shall be three-fifth of the total plot area.
(4)
In the case of a proposed building on a total
land measuring between four thousand square metres, and twenty-five thousand
square metres, the Gram Panchayat
shall be handed over management and control of not less than one sixteenth of
the total land accommodating public facilities like power sub-station, public
transport terminal, garbage vat and such other facilities; for plots measuring
more than twenty five thousand square metres, the Gram Panchayat shall be handed over one-tenth of the total land for
such purposes.
(5)
Subject to the provision of this rule, erection
or construction of a building for commercial or institutional purposes, shall
be governed by the rules applicable for construction of a building for
residential purposes.
32. Grounds for withholding
or refusing permission. - (1) A Gram Panchayat may withhold or refuse
permission under sub-rule (1) of rule 27, if,
(a)
the site plan, building plan, elevation, section
or specification contravenes any provision of the Act or any rule framed
thereunder or any other law for the time being in force;
(b)
the application for permission does not contain
required particulars or has not been prepared in the manner laid down in these
rules;
(c)
any information or document required by the Gram Panchayat under the Act or the
rules thereunder has not been duly furnished;
(d)
the proposed structure or building shall or is
likely to, disturb environmental sanitation ofthe locality;
(e)
the proposed structure or building is an
encroachment on the Government land or any land vested with the Gram Panchayat or any other local
authority.
(2) When a Gram Panchayat takes a decision under
sub-rule (1), the procedure laid down in sub-rules (3), (4) and (5) of rule 27
shall, in so far as they are applicable, be followed.
33. Inspection of
structure or building under construction. - (1) The Pradhan or the UpaPradhan
or any other person authorised by the Pradhan
in this behalf, may, at any time and without notice, inspect any structure or
building in respect of which permission under sub-rule (1) of rule 27 has been
given, while the work is in progress.
(2) If, on
making an inspection under sub-rule (1), the Pradhan or any other person as
aforesaid is satisfied that the structure or building
is being erected, (a) otherwise than in accordance with the building plan as
approved, or
(b) in such way as to contravene any of the provisions of
the Act or these rules, the Pradhan may,
after giving the owner of such structure or building an opportunity of being
heard, make an order directing the owner to make such alterations within such
time as may be specified in the order, with the object of bringing the
structure or building in conformity with the approved plan.
(3) Without
prejudice to the provisions of section 23 or any other law for the time being
in force, the Pradhan, in all cases
where the erection or construction of any structure or building or any other
work connected therewith has been commenced or is being carried on unlawfully,
may, seek the assistance of the police or with the assistance of any employee
of the Gram Panchayat, if necessary,
take such steps as he may deem fit to stop the continuance of such unlawful
erection or construction. The expenditure incurred for deployment of police or
employee of the Gram Panchayat to
keep a watch on the premises, shall be realized from the person undertaking the
unlawful erection or construction through the Public Demand Recovery Act.
34.
Rate of
fee for application. - Any person who makes an application under sub-rule
(1) of rule 17, shall pay or cause to be paid a fee in cash to the Gram Panchayat as provided in the Table
under these rules.
35.
Construction
of park and garden. - With effect from such date and with respect to such Gram or Grams as may be specified by notification, a Gram Panchayat shall endeavour to construct at least one park and
garden in a vested land in every constituency of the Gram Panchayat and, for the said purpose, the Gram Panchayat shall submit proposal to the competent authority for
earmarking a particular vested land.
36.
Construction
of public drain. - With effect from such date and with respect to such Gram or Grams as may be specified by notification, a Gram Panchayat shall endeavour to construct and maintain, where it
considers necessary, a system of drainage within its predominantly residential
area and sufficient outfall in or outside such residential area and, for this
purpose, the Gram Panchayat may make
use of any vacant land either under its management or as a result of set-back
of any structure or building:
Provided
that the Gram Panchayat shall not
build any super-structure on any vacant land as a result of set-back of any
structure or building:
Provided
further that for building a system of drainage, a Gram Panchayat shall ensure unhindered use of any approach passage
or road.
37.
Collection
and disposal of solid waste. - (1) With effect from such date and with
respect to such Gram or Grams as may be specified by notification, a Gram Panchayat shall endeavour to build
and maintain, where it considers necessary, a system of collection, removal and
disposal of solid wastes from residential, commercial or institutional
buildings.
(2) The Gram Panchayat may provide or appoint in
convenient situations, including the situation arising out of any vacant land
as a result of set-back of any structure or building, public receptacles,
depots or places for the temporary deposit of-
(a) rubbish,
(b) offensive
matters,
(c) domestic
and trade refuse,
(d) Carcasses
of dead animals, and
(e) Excrementitious
and polluted matters.
(3)
It shall be the duty of the owners or the
occupiers, as the case may be, of all premises to cause all matters referred to
in clauses (a) to (e) of sub-rule (2) to be collected from their respective
premises and to be deposited in public receptacles, depots or places, provided
or appointed under sub-rule (2), at such time and in such manner as the Pradhan may, on giving adequate
publicity, specify.
(4)
The Gram
Panchayat shall make adequate provision for preventing receptacles, depots
or places from becoming sources of nuisance.
(5)
All matters deposited in public receptacles,
depots or places as aforesaid and all solid wastes collected, shall be the
property of the Gram Panchayat.
38. Appeal against
the decision of the Gram Panchayat.
- (1) If, on receipt of an application under sub-rule (1) of rule 17, which has
not been referred to the Zilla Parishad under rule 28 or 29 as the case
may be, a Gram Panchayat refuses to
grant permission to the erection of any structure or building, an aggrieved
person may prefer an appeal to the Block Development Officer and ex-officio Executive Officer of the Panchayat Samiti within ninety days from
the date of communication of such order of refusal. The Block Development
Officer and ex-officio Executive
Officer of the Panchayat Samiti or
any other officer not below the rank of Secretary of Panchayat Samiti, on being
authorised, shall decide the matter after giving notice to the parties
concerned and his decision in the matter shall be final.
(2) If, on
receipt of an application under sub-rule (1) of rule 17, which has been
referred to the Zilla Parishad under
rule 28 or 29 as the case may be, a Gram
Panchayat or a Zilla Parishad as
the case may be refuses to grant permission for the erection or construction of
any structure or building, an aggrieved person may prefer an appeal to the
Divisional Commissioner having jurisdiction within ninety days from the date of
communication of the refusal to grant such permission. The Divisional
Commissioner shall decide the matter after giving notice to the parties
concerned and his decision in the matter shall be final:
Provided that if the Gram Panchayat fails to communicate its decision, whether in the
affirmative or in the negative, within sixty days from the date of receiving
the application, the applicant may prefer an appeal before the Block
Development Officer and ex-officio
Executive Officer of the Panchayat Samiti:
Provided further that while taking
action under rule 28 or 29 as the case may be, the Gram Panchayat shall do so under intimation to the applicant.
FORM 4
[See rule
17]
Form of application for permission to erect structure or building or to
make an addition or alteration to an existing structure or building in a Gram
(To be
submitted in duplicate)
.............................................
Gram Panchayat
To:
The Pradhan
.............................................
Gram Panchayat
I hereby apply for permission to erect a new structure/building/to make
addition/alteration to an existing structure/building as mentioned in column 1
of the table below on a land covered by C.S./R.S. plot Nos
............................ of mouza ....................... of jurisdiction
list No. ..................................... of Police Station
................................. the boundaries of which are shown below, on
payment of the fee of Rs...................... as deposited by me as indicated in
column
2 of the said table.
Nature of structure/building
Fee to be paid (in rupee)
1.
Thatched,
tin, tile or asbestos shed without brick will covering as area of more than 18
square metres but not more than 40 square metres 30.00
2.
Thatched,
tin, tile or asbestos shed without brick wall covering area of
more than 40 square metres 60.00
3.
Boundary
wall made of brick or cement concrete if the bounded area is not kept as vacant
plot but is used or likely to be used as stack yard or for my commercial or
institutional purpose, either on open or by erecting temporary shed when the
bounded area is –
(i) not
more than 40 square metres |
30.00 |
(ii) more than 40 square metres |
50.00 |
4.
Any
brick-walled one storeyed structure or building covering an area
of not more than 40 square metres 100.00
5.
Any
brick-walled one-storeyed building or structure covering an area
of more than 40 square metres 150.00
6.
(i) Any brick-walled two-storeyed structure or
building covering an area of not more than 40 square metres on the ground
floor 250.00
(ii) Additional fee for each
floor above first floor 60.00
7.
(i) Any brick-walled two-storeyed structure or
building covering an
area of more
than 40 square metres on the ground floor 400.00 (ii) Additional fee for each
floor above first floor 150.00
8.
(i) Any one-storeyed workshop or structure or
building covering an area of not more than 100 square metres
500.00
(ii) Additional
fee for each floor above the ground floor 150.00
9.
(i) Any workshop, shed or one-storeyed
structure or building for
commercial or business purpose
covering an area of more than
100 Square metres
1000.00
(ii) Additional fee for each floor
above the ground floor
300.00
10.
Any
remodelling of existing structure or building, increasing the existing area of
the structure or building –
(i)
by
one-fifth of the existing covered area
100.00
(ii)
by
more than one-fifth of the existing covered area 200.00
Boundaries –
East – West –
North –
South –
2.
I
hereby declare that I have unencumbered right, title and interest in the land
on which the structure/building is proposed to be constructed/on which the existing
building/structure stands to which additions/alterations are proposed to be
made. I am enclosing copies of documents in support of the claim.
3.
I
hereby undertake to raise the walls of the proposed structure/building at a
distance of at least nine-tenth metre from all sides of boundaries.
4.
I
am enclosing two copies of site plan and building plan for the proposed
construction.
5.
I
further undertake hereby to make construction strictly following the building
plan submitted with such modifications as may be directed by the Gram
Panchayat.
6.
I
also hereby declare that I am not erecting any structure/building within
Calcutta metropolitan area or near or in the vicinity of any aerodrome tending
to hazard or near any other prohibited area.
Or
I also hereby
declare that the structure/building I am proposing to erect lies within
Calcutta metropolitan area or near or in the vicinity of an aerodrome or a
prohibited area and the proposed construction/building plan has been prepared
keeping this point under consideration.
7.
I
also hereby undertake that I shall not start the construction work before
receipt of permission of the Gram Panchayat with the approved copy of the
building plan or before the expiry of the statutory period of according such
approval.
8.
I
also hereby undertake to make payment of further fee as may be directed by the
Gram Panchayat in accordance with the rule and procedures.
(Strike out the words not applicable)
Signature ......................................................
(See rule 35)
Fees
Nature of structure or building Fees to be paid
(in rupee)
(a) Thatched,
tin, tile or asbestos shed without brick
wall covering an area 30.00 of more than 18 square
metres but not more than 40 square metres.
(b) Thatched,
tin, tile or asbestos shed without brick wall covering area of more 60.00 than 40 square metres
(c) Boundary
wall made or brick or cement concrete if the bounded area is not kept as vacant
plot but is used or likely to be used as stack yard or for any commercial or
institutional purpose, either on open
space or by erecting temporary shed,
when the bounded area is-
(i) not more
than 40 square metres
30.00
(ii) more than
40 square metres
50.00
(d) Any
brick-walled one storeyed structure or building covering an area of
not more
than 40 square metres 100.00
(e) Any
brick-walled one storeyed building or structure covering an area of
more than
40 square metres 150.00
(f) i) Any
brick-walled two storeyed structure or building covering an area of not more
than 40 square metres on the ground floor
250.00 ii) Additional fee for each floor above first floor 60.00
(g) i) Any
brick-walled two storeyed structure or building covering an area of
more than 40 square metres on the ground floor 400.00 ii) Additional fee for each floor
above first floor 150.00
(h) (i) Any
one-storeyed workshop or structure or building covering an area of
not more than
100 sq.mts. 500.00 ii) Additional fee for each floor
above the ground floor 150.00
(i) (i) Any
workshop, shed or one storeyed structure or building for commercial or business purpose covering an area
of more than 100 square metres
1000.00 (ii) Additional fee
for each floor above the ground floor
300.00
(j) Any
remodeling of existing structure or building, increasing the existing area of the structure or building-
i)
by one-fifth of the existing covered area 100.00
ii)
by more than one-fifth of the existing covered
area 200.00
Amendments made in regard to Control of building operations vide No. 4163/PN/O/I/3R-7/04 dated the 9th August, 2006
(5) in rule 19,
to sub-rule (1) add the following proviso: -
“Provided that no permission of the Gram Panchayat shall be required for
construction of houses under poverty alleviation programme.”;
(6) in rule 27,
-
(a) after sub-rule (1),
insert the following sub-rule:-
“(1A) A Gram Panchayat shall not accord
permission to the construction of a new structure or building or to make
addition or alteration to an existing structure or building having a plinth
area of more than 150 square meters with brick or concrete footing or a height
of more than 6.5 meter without vetting of the building plan and the site plan
by the Panchayat Samiti or the Zilla Parishad having jurisdiction:
Provided that
an application for construction of a new structure or building or making an
addition or alteration of the existing structure or building having a plinth
area of more than 150 square meters but less than 300 square meters with brick
or concrete footing or a height not more than 6.5 meter shall be sent with all
documents to the Panchayat Samiti and
for construction beyond that plinth area or height or both, the application
shall be sent to the Zilla Parishad
by the Gram Panchayat for vetting:
Provided
further that the applications, which are required to be vetted by the Panchayat Samiti or the Zilla Parishad, shall be sent by the Gram Panchayat within a period of thirty
days from the date of such receipt to the Panchayat
Samiti or Zilla Parishad as the
case may be and shall be returned by the appropriate body with its vetting or
objections as the case may be, to the Gram
Panchayat within a period of thirty days from the date of its receipt for
further action under sub-rule (2).
Explanation. – For the purpose of this rule a
structure or building includes a tower, godown and underground floor or
storage.”;
(b) for sub-rule
(5), substitute the following
sub-rule:-
“(5) Subject to the provision of rule 28 and rule 29,
the Gram Panchayat shall communicate,
under sub-rule (2), to the applicant within a period of sixty days from the
date of receipt of the application under sub-rule (1) of rule 17 and the Gram Panchayat shall also maintain a
register for this purpose in Form 12.”;
(7) for rule 28, substitute
the following rule: -
“28. Construction of building or structure in Panchayat area under Development
Authority. - Notwithstanding anything contained in these rules, any
application made under subrule (1) of rule 17 pertaining to the area falling
under any Development Plan published in terms of section 114A of the Act or
under any Development Authority as defined in the West Bengal Town and Country
(Planning and Development) Act, 1979 (West Ben. Act XIII of 1979) shall be
subject to the provisions of any rule made or any order or direction of a
competent authority issued under any of the aforesaid Act, as may be applicable
in this behalf:
Provided that an application, alongwith building plan,
site plan and other documents relating to construction of a new structure or
building or making any addition or alteration of the existing structure or
building in Panchayat area falling
under any Development Authority shall be
made in Form 4A to the Panchayat Samiti having jurisdiction for
granting permission for such construction by the Panchayat Samiti or any authority, person or persons as may be
empowered by the Panchayat Samiti in
this behalf:
Provided
further that an application for construction of a new structure or building or
for making an addition to or alteration of the existing structure or building
having a plinth area of more than 300 square meters with brick or concrete
footing or a height of more than 6.5 meter shall be sent to the Zilla Parishad for vetting:
Provided also
that the applications, which are required to be vetted by the Zilla
Parishad shall be sent by the Panchayat
Samiti within a period of thirty days from the date of such receipt of the
application to the Zilla Parishad
which shall return such application either with its vetting or objections as
the case may be, to the Panchayat Samiti
within a period of thirty days from the date of its receipt for granting or
refusing permission, as the case may be, for construction or addition or
alteration as applied for.”;
(8)
in rule 33, in sub-rule (3), for the words
“construction through the Public Demands Recovery
Act” substitute the
words, brackets and figures “construction through the Bengal Public Demands
Recovery Act, 1913 (Ben. Act III of 1913).”;
(9) for rule
34, substitute the following rule: -
“34. Rate of fee for application. – (1) Any
person who makes an application under subrule (1) of rule 17 shall pay or cause
to be paid a fee in cash to the Gram
Panchayat as provided in the Table –I.
(2) In case of
processing an application under sub-rule (1A) of rule 27, the sum deposited by
the applicant as fee shall be apportioned between the Gram Panchayat and Panchayat
Samiti or Zilla Parishad, as the
case may be, in the ratio of thirty to seventy.”;
(10)
in rule 37, in sub-rule (2), in clause (d), for the
words “carcasses of dead animals”, substitute
the word “carcasses”;
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