West Ben. Act XXII of 1993.

3 · In sub-section (4) of section 14 of the principal Act, for the words and figures "and thereupon the provisions of section 431 shall apply mutatis mutandis.", the words "and all the powers or functions vested with the municipal authorities under this Act or under any other law for the time being in force shall be exercised or performed, as the case may be, by such person or persons to be designated as Administrator or Board of Administrators as the State Government may, by notification, appoint." shall be substituted.

7 · After section 19 of the principal Act, the following section shall be inserted:—

10 · After section 21B of the principal Act, the following section shall be inserted:—

11 · In sub-section (2) of section 23 of the principal Act, for the words "as the State Government may, by notification, determine.", the words "as may be prescribed." shall be substituted.

12 · In section 54 of the principal Act, after sub-section (4), the following sub-section shall be inserted:—

17 · For section 105 of the principal Act, the following section shall be substituted:—

18 · To sub-section (1) of section 112 of theprincipal Act, the following proviso shall be added:---

132 · (1) Where ferry plies between two points on a water course within the limits of different municipal areas, the State Government, after considering the views of the Board of Councillors of the respective municipal areas, may declare such ferry to be a municipal ferry, and direct that the profits derivable from the plying of such ferry shall be shared equally by the Municipalities goveming the terminal points of such ferry and shall be credited to the Municipal Funds of the concerned Municipalities:

21 · In section 138 of the principal Act, for the words "whenever matters relating to ferries concern more than one Municipality or", the words "whenever matters relate to" shall be substituted.

22 · In section 208 of the principal Act, the words "this section," shall be omitted,

23 · In part V of the principal Act, after chapter XIV, the following chapter shall be inserted:—

225E · The Heritage Conservation Committee shall have the power to function independent of the Board of Councillors for the purpose of preservation, conservation and maintenance of heritage buildings in so far as such power does not offend any other provisions of this Act or the rules made thereunder relating to construction or use of building:

225F · Subject to the other provisions of this Act, the Municipality may acquire, purchase or take on lease any heritage building or site for the purpose of preservation and conservation thereof:

225G · When the owner of any heritage building or site is not willing to preserve or conserve any heritage building or site, the Chairman may, for the purpose of acquisition of such heritage building or site by agree- ment and on the recommendation of the Heritage Conservation Committee and with the approval of the Chairman-in-Council, allow the transfer of right of development of such heritage building or site, which shall be heritable and transferable, to the owner of such heritage building or site in such manner, and subject to such conditions, as may be prescribed.

225H · Subject to such rules or regulations as may be made under this Act, every person shall have the right of access to any heritage building or site acquired by the Municipality.

2251 · The Municipality shall have the right to allow the transfer of right of development to the lessee of a heritage building or site where the unexpired period of the term of lease is for 90 years, and to take the heritage building or site on sublease by agreement, if there is provision for such sub-lease in the deed executed between the owner and the lessee, provided that the question of payment of premium or rent in such case to the owner shall not, notwithstanding any agreement in this behalf, arise, and if the owner as confirming party to the agreement waives the right to receive any further payment of such premium or rent.

225J · If the Municipality considers that it is necessary to acquire any building or site declared as a heritage building or site for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development)

225M · (1) The Chairman may receive voluntary contributions towards the cost of maintaining any heritage building or site and may give order as to the management and application of such contributions for the purpose of preservation and conservation of such

225N · (1) If the Chairman, on receipt of any information, is satisfied that the owner of a heritage building or site fails to preserve or conserve the heritage building or site, the Chairman may, when the heritage building or site is vacant and after hearing the owner, by order in writing, take over the management and control of such heritage building or site for the purpose of preservation and conservation thereof, suspending the right of the owner to transfer such heritage building or site for a maximum period of five years, subject to acquisition either by agreement or under the provisions of the Land Acquisition Act, 1894. Taking over management and control of heritage building or site.

2250 · If the Municipality decides that any heritage building or site has cased to be of public interest or has lost its importance for any reason whatsoever, it may, with the approval of the State Government, declare that such heritage building or site has ceased to be a heritage building or site for the purposes of this Act.

225Q · Notwithstanding anything contained elsewhere in this Act, the State Government may make rules to provide for any matter considered necessary for the purpose of implementation of the provisions of this chapter.'.

24 · For section 333 of the principal Act, the following section shall be substituted:—

27 · In section 365 of the principal Act, for the words "eight days", the words "twenty-one days from the date" shall be substituted.

28 · In section 366 of the principal Act,—

29 · In section 379 of the principal Act, for the words and figures "section 5 and section 6,", the words and figures "section 5, section 6 and section 9," shall be substituted.

30 · In sub-section (4) of section 431 of the principal Act, for the words "The State Government shall hold a general election to the Municipality within six months of its dissolution and shall take steps", the words "A general election to the Municipality shall be held within six months of its dissolution" shall be substituted.

31 · After section 431 of the principal Act, the following section shall be inserted:—

32 · After section 433 of the principal Act, the following sections shall be inserted:—

433B · (1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force,— State Government to place officers and employees at the disposal of

45 · of 1860.

33 · In sub-section (1) of section 434 of the principal Act, after the words "the Municipal Engineering Directorate of the State Government", the words ", or the Calcutta Metropolitan Development Authority, or any other development authority or development organisation, or any department of the State Government, or any undertaking of the State Government" shall be inserted.