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.

Item No.1.-

Urban planning 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. -

Regulation of 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.-

Planning for 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 ibid.