STATUS REPORT ON IMPLEMENTATION OF THE TWELFTH
SCHEDULE OF THE CONSTITUTION AS PER THE CONSTITUTION
(74TH AMENDMENT) ACT, 1992 IN THE STATE OF WEST BENGAL.
including town planning.
The West Bengal Municipal Act, 1993 governs the
administration of the Municipalities of this State. The
matter regarding Urban planning including town planning
has been dealt with in section 63(3) ibid. Detailed
provisions in this regard have been made in part VII of
the said Act, in order to reciprocate the provisions of
the West Bengal District Planning Committee Act, 1994.
Item No. 2.
land-use and construction of buildings.
In the state of West Bengal the Municipal Authorities
have been empowered to regulate land use and
construction of buildings. In section 63 of chapter VI
ibid indicates the obligatory functions of the
Municipalities. In sub section (3) of said section 63
the matter has been dealt with elaborately. It is also
worthy to mention that the municipal authorities in this
State are empowered to regulate the building activities
through an elaborate Chapter XIV of the said Act and the
West Bengal Municipal (Building) Rules, 2007 framed
there under and to prepare detailed plan, inter alia,
the land use plan under Chapter XIX of the said Act. It
may also be mentioned that such power has been vested to
the municipal authorities of this State much before
enactment of the said Constitution amendment Act.
Item No. 3.-
economic and social development.
The aspect of planning for
economic and social development covers a wide domain.
The matter has been included in sections 63 and 64 ibid
covered by the related detailed provisions of the said
Act. Apart from this it is necessary to mention that in
this State it is made mandatory to constitute Ward
Committee in each of the wards of the Municipal areas in
order to ensure peoples participation in the municipal
administration. A rule has been framed determining the
functions of the Ward committees. In the said rules the
aspects of planning for economic and social development
have been included.
Item No.4. -
Roads and Bridges.
In terms of provisions of section 63(1) ibid it is an
obligatory function of the Municipalities to construct,
maintain, alter and improve public streets and street
furniture, bridges and culverts, fly-overs, sub-ways,
cause-ways and the like. It may also be noted that this
function has been vested to the municipal authorities
much before enactment of the Constitution (74th
Amendment) Act, 1992. In regard to Streets and Public
Places detailed provision has been made in Chapter XIII