Q.1.

A.1.

REQUIREMENTS FOR CONSTITUTION OF A MUNICIPALITY UNDER THE WEST BENGAL MUNICIPAL ACT, 1993

For constitution of a Municipality under the West Bengal Municipal Act, 1993 an area has to fulfil the following requirements:

1. The area should have a minimum population of 30,000.

2. The population density in the area should be a minimum of 750 per sq. km.

3. Percentage of the adult male population chiefly engaged in non-agricultural pursuits shall be not less than 50% of the total adult population.

4. Municipal income from the area should be adequate for discharging the day-to-day function of the proposed Municipality.

If an area complies all the conditions mentioned above the following information/ documents are required for processing the proposal for constitution of a Municipality:

• Total area of the proposed municipal area.

• Total population of the area (as per the last preceding census report).

• Density of population of the area per squire kilometer.

• Percentage of the adult population chiefly engaged in non-agricultural pursuits.

• Detailed land schedule of the proposed municipal area including the name of Mouja, J.L. number, in case of part mouja, plot numbers, name of the Gram Panchayat and Police Station under which the said area is presently located.

• A distinct sketch map of the area clearly delineating the boundaries on all the sides.

• Proposed annual municipal income from the area, and possible annual expenditure for running the municipal affairs in the area (with detailed break-up).

• Number of staff of the Gram Panchayats, which shall be included within the proposed municipal area entirely.

A proposal, containing the above mentioned database, preferably with the resolution of the Gram Panchayes concerned endorsing such municipalisation, shall be referred to the State Government in Municipal Affairs Department through the District Magistrate concerned. After completion of all the administrative formalities the notification declaring intention of the Governor is issued under section 3 of the West Bengal Municipal Act, 1993, and after three months from the date of issuance of the said notification, after considering the objection petitions in respect of the said notification, if any, the final notification for constitution of the Municipality is issued under section 6 of the West Bengal Municipal Act, 1993.

REQUIREMENTS FOR INCLUSION  OF AN AREA WITHIN A MUNICIPALITY

For inclusion of an area within the limits of a Municipality the area has to fulfil the following requirements (as per provisions of the West Bengal Municipal Act, 1993):

1. The population density in the area should be a minimum of 750 per sq. km.

2. Percentage of the adult male population chiefly engaged in non-agricultural pursuits shall be not less than 50% of the total adult population.

3. Municipal income from the area should be adequate for discharging the day-to-day function of the proposed Municipality.

If an area complies all the conditions mentioned above the following documents are required for processing the proposal for inclusion of such area within a municipal area:

1. Total area of the proposed area.

2. Total population of the area (as per the last preceding census report).

3. Density of population of the area per squire kilometer.

4. Percentage of the adult population chiefly engaged in non-agricultural pursuits.

5. Detailed land schedule of the proposed municipal area including the name of     Mouja, J.L. number, in case of part mouja, plot numbers, name of the Gram Panchayat and Police Station under which the said area is presently located.

6. A distinct map of the area clearly delineating the boundaries on all the sides.

7. Proposed annual municipal income from the area, and possible annual expenditure for running the municipal affairs in the area (with detailed break-up).

8. A detailed statement containing the assets and liabilities to be included in the municipal area concerned alongwith the proposed inclusion of area.

9. Number of staff of the Gram Panchayats, which shall be included within the municipal area entirely.

10. Preferably, a resolution of the concerned Gram Panchayat in this regard.

After obtaining the above-mentioned database, from the District Magistrate concerned, the notification declaring intention of the Governor is issued under section 9 of the West Bengal Municipal Act, 1993, and after three months from the date of issuance of the said notification, after considering the objection petitions in respect of the said notification, if any, the final notification for constitution of the Municipality is issued under section 9 of the West Bengal Municipal Act, 1993.

MANNER OF GETTING TRADE LICENSE (CERTIFICATE OF ENLISTMENT OF PROFESSION, TRADE AND CALLINGS) FROM MUNICIPALITY.

As per regulations of the Municipality relating to Enlistment of Profession, Trade and Calling Every person engaged, or intending to be engaged in any Profession, Trade and Calling within the jurisdictional limits of the Municipality, either by himself or by any agent or representative shall apply for a certificate of enlistment to the Executive Officer of the Municipality, in his absence, the Officer authorised in this behalf.

For submission of this application the following procedure shall be followed:

1. For the purpose of submitting an application, the concerned person shall collect the application form from the office of the Municipality on payment of a fee in the following rates as specified in rule 81 of the West Bengal Municipal (Finance and Accounting) Rules, 1999 made under the Act.
   In the case of Municipalities included in Group A – Rs. 25/-
   In the case of the Municipalities included in Group B – Rs. 20/-
   In the case of the Municipalities included in Group C – Rs. 15/-
   In the case of the Municipalities included in Group D – Rs. 10/-
   In the case of the Municipalities included in Group E – Rs. 5/-

2. The said form, after filling up, shall be submitted to the Municipality alongwith a fee not exceeding Rs. 1500/-.

3. This enlistment shall remain valid for a period of one year, and for the next year the said enlistment shall have to be renewed by the enlisted person/ company on payment of the requisite fee.

Criteria of a site for construction of a building in a municipal area
As per provisions of the West Bengal Municipal (Building) Rules, 2007 for using any piece of land as building site the following criteria are necessary:

• the land record shall be in conformity with the proposed construction;

• the level of land shall not be lower than the level of the crown of the nearest public street;

• the land shall be capable for proper drainage;

• soil of the land shall be firm enough to sustain the construction;

• in case of situation of the land within 5.00 meters from any tank the owner shall be capable to provide proper drainage of such building in such manner so that no drain water shall pour within the said tank;

• in case of hill areas such land shall not be situated within a sinking zone or central business area, as determined by the Board of Councillors, and in case of hill areas for construction of any building testing of soil from a Government recognised organisation is mandatory;

• in case the land, within the area covered by the Urban Land (Ceiling and Regulation) Act, 1976, is located on a land having a size of 500 sq. meters or above or of a sick, closed or other industry, the prior approval of the Competent Authority under clause (d) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976 is mandatory.

• In public parks and gardens excepting the statue of public interest, structure related to play equipments, and public amenities buildings having a height of not more than 4 meters and having a covered area from 10% (in small parks and open spaces) to 3% (in large parks and open spaces) no other structure is allowed.

• No water body can be filled up without the prior approval of the State Government.

• The maximum admissible height of a building in the zone of river or other waterfronts of large water bodies (more than 1000 acres) shall be 5 meters. In the case of construction on a stilt having a minimum of 3 meters height the building height upto 6.5 meters shall be admissible. The maximum length of such building alongside such waterfront shall be 20 meters, and maximum covered area of such building shall be 200 meters. A minimum of 50 meters of gap shall be kept between two such adjoining buildings.

For the municipal areas within the Hill areas, apart from the other provisions of the rules, some separate provisions have been made. As per these provisions for using any piece of land in hill areas as building site the following criteria are necessary:

• The land record shall be in conformity with the proposed construction;

• the site of the building shall abut an all weather public street;

• the site shall be at least 100 sq. meter area;

• the land is capable of being well drained;

• soil of the land shall be firm enough to sustain the construction, and for sites with inclinations of 300 and above or for proposed building above 6.5 meters in height or 500 sq. meters in coverage, such sustainability shall be justified, at the cost of the applicant, by testing the soil and certification of stability of slopes and buildings conforming the relevant codes of Bureau of Indian Standards;

• such land shall not be situated,-

  • within 200 meters from the boundary of a sinking zone or probable slip zone, or

  • within an area of distress or possible unequal settlements with wide fissures, regular cracks, faults, voids, rock, debris or landslides caused by subsidence or erosion, filling and disposal dumps including solid waste disposal or organic materials, or

  • within an area showing high water table and fully saturated soils with a possibility of liquefaction and settlement on exposure to earthquakes or of water seepage in the foundations and erosion;

  • within permanent shadow zones or ridges and spurs at the bottom of the valleys or gorges or located by the nature of its orientation in a zone as identified by the Board of Councillors to be inadequately sunlit or unfit for human habitation.

Before submission of the Building plan approval of the Building Site has to be obtained as per provisions of rule 4. For the purpose of submission of the site plan the following procedure shall be followed:

• Preparation of site plans shall be done by the technical personnel mentioned in the note of sub-rule (3) of rule 4.

• For preparation of the site plan the said technical personnel shall follow the procedure specified in sub-rule (4) of rule 4.

• An application in FORM A  shall be submitted alongwith the prepared site plan and a fee for passing the site plan shall be deposited in the following rates:

  • For site plan upto 200 sq. meter of area Rs. 200/- (rupees two hundred only; and

  • for every additional 100 sq. meter of area or part thereof, beyond 200 sq. meters, Rs. 100/- (rupees one hundred only).

   

Site plan and Building Plan may be submitted simultaneously.

Building Permit (sanction of building plan) shall be required for all the purposes denoted in sub-rule (2) of rule 11.

Every building plan shall be prepared by the technical experts as specified in rule 14 of the rules in the manner specified in rule 12 in compliance with the provisions of the rules read with the recent editions of National Building Code as well as the Bureau of Indian Standards while planning and constructing a building in order to evade possible effects of earthquake and other natural calamities, National Building Code in the spheres of Fire fighting arrangements, Solid waste Management, Electronic and Telecom.

After preparation of the building plan the Application Form for sanction of building plan the applicant shall obtain the application form (in FORM B) from the Municipality concerned.

The filled up application form alongwith the documents stipulated in sub-rule (3) to sub-rule (11) of rule 11 shall be submitted for perusal.

A fee at the rate stipulated in rule 24 (for the municipalities other than Salt Lake Area) or in rule 100 or rule 102, as the case may be, (in case of Salt Lake area of Bidhannagar Municipality and Nabadiganta Industrial Township) shall be deposited for the purpose. An incentive in the form of reduction of 10% of the building sanction fee shall be allowed if provision for use of Solar Energy in the form of solar heater/ solar photo cells is included in the building plan as per rule 174.

As provisions of section 207 and 208 of the West Bengal Municipal Act, 1993 the Municipality within 60 days from the date of receipt of the building plan shall either accord sanction or conditional sanction or provisional sanction to the building plan or shall refuse the same with an intimation to the applicant concerned. If the Municipal Authority fails to respond within the specified time limit the applicant concerned may appeal to the Municipal Authority for sanction, and if within 30 days from the date of receipt of such appeal the Municipal Authority fails to respond, the building plan shall be deemed to have sanctioned, and the applicant shall be able to start construction of the building in conformity of the provisions of the said rules.

Procedure for preparation of building plan and getting the same passed shall be followed as the procedure for addition / alteration or repairing of a building.

In case of addition or alteration or repair of the existing buildings provisions of rule 55 shall be followed.

For a building minimum required open space shall be as per provisions of Rule 50 of the West Bengal Minicipal (Building) Rules, 2007. there shall be different size of open space for different use of buildings. The constructions which are allowed in the mandatory open space are mentioned in rule 51 of the said rules.

Open for the buildings in Salt Lake township in specified in  Rule 107.

Open space for the buildings in Salt lake area allotment in made in specified in Rule 153.

For Municipalities in hill areas the open space in specified in Rule 164.

Floor Area Ratio (FAR) is the quotaient obtained by dividing the total floor area of all the floors of a building by the area of the plot.

FAR = Total Floor area of all floors /  Area of the plot

FAR for Tall buildings (Buildings with a height of 14.5 meters or more) is specified in Rule 53.

FAR for the buildings in Salt Lake area in specified in Rule

FAR for the Municipality in hill areas is specified in Rule 162.

Building height in Municipal areas depend on the width or the means of access and admissibility of FAR. Then for increasing height compliance of the provision of the width of the means of access, admissibility of FAR, keeping mandatory open space, and, it necessary, the issue of structure stability have to be considered.

In case of existing buildings, has not been provided, in case of any addition of floors shall be allowed with a set been. But for constructions any floor upto 8 meters such set back shall not be necessary.

For display of any Advertisement it needs two type of permissions, licenses: Firstly the owner or occupier of the constructions on which the Advertisement shall be displayed shall obtain a license to use his construction for the purpose on payment of such fee as may be determined by the ULB.

The second is obtaining permission by the Advertiser by the payment of a tax to ULB.
 

Within 21 days for on the date of birth of child the information of Birth shall be given to the concerned office of the Municipality.