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425B. Power of Corporation to declare a building as
a heritage building: Where the Corporation,
on the recommendation of the Heritage Conservation
Committee and also of the Mayor-in-Council, is of
the opinion that any building in Kolkata should be
preserved and conserved for historical, architectural,
environmental or ecological purpose, it may declare
such building as a heritage building:
Provided that during the period when any proposal for
declaring building as a heritage building is under consideration
of the Heritage Conservation Committee or the Mayor-in-Council,
no owner of such building, or no lessee or sub-lessee
to whom the building has been leased out, shall transfer
such building by way of sale, lease or mortgage without
prior approval of the Municipal Corporation.
425C. Gradation of heritage
building: The gradation of a heritage building
according to its historical, architectural, environmental
or ecological purpose shall be such as may be prescribed.
425D. Heritage Conservation
Committee: (1) The Mayor-in-Council
shall constitute a Committee to be called the
Heritage Conservation Committee with the Municipal
Commissioner as its Chairman and an officer of
the Corporation as its Convener.
(2) The Committee shall have, in addition to the Chairman
and the Convener, seven other members of whom -
i) one shall be a nominee of the Kolkata Metropolitan
Development Authority.
ii) One shall be the Director of the Development of
Archaeology, Government of West Bengal, or his nominee.
iii) One shall be an eminent architect,
iv) One shall be an artist,
v) One shall be an environmentalist,
vi) One shall be a historian, and
vii) One shall be the Chief Valuer and Surveyor of
the Corporation.
(3) The Committee may co-opt one person to be nominated
by the concerned department of the State Government
while dealing with any land or building under the management
of the said department.
(4) The Committee shall, in accordance with the provisions
of this Act and the rules and the regulations made
there under, scrutinize every application or proposal
for declaration of a building as a heritage building,
and recommend to, and also advice, the Mayor-in-Council
in respect of the preservation and conservation of
such building as a heritage building.
(5) The Committee shall meet at such periodical interval
as may be determined by the Mayor-in-Council.
(6) The Municipal Commissioner shall, in the case of
emergency, take such measures as may be necessary for
the preservation and conservation of a heritage building,
provided that such measures shall be required to be
approved by the heritage Conservation Committee at its
meeting.
425E. Power and functions
of Heritage Conservation Committee:The
Heritage Conservation Committee shall have the
power to function independent of the Municipal
Building Committee for purpose of preservation,
conservation and maintenance of heritage buildings
in so far as such power does not any other provisions
of this Act or the rules made there under relating
to construction or use of building:
Provided that for erection or re-erection in a heritage
building or part thereof, or for restoration of any
heritage building to its old shape, design or beauty
in the case of unlawful demolition, or for making
any change of internal or external wall, structural
pattern, floor, roof, interior or exterior architectural
floor, façade or skyline, or for any other
change, of a heritage building, the provisions of
Chapters XXII and XXIII of this Act and the rules
made there under shall apply mutatis mutandis.
425F. Power of Corporation
to require, purchase or take on lease building: Subject
to the other provisions of this Act, the Corporation
may acquire, purchase or take on lease any heritage
building for the purpose of preservation and conservation
thereof:
Provided that in the case of a heritage building declared
as such 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) Act, 1979 (West Ben. Act
XIII of 1979), the approval of the concerned department
of the State Government shall be taken.
425G. Transfer of right of
development for the purpose of acquisition by agreement:
When the owner of any heritage building is not willing
to preserve or conserve any heritage building, the Municipal
Commissioner may, for the purpose of acquisition of
such heritage building by agreement and on the recommendation
of the Heritage Conservation Committee and with the
approval of the Mayor-in-Council, allow the transfer
of right of development of such heritage building, which
shall be heritable and transferable, to the owner of
such heritage building such manner, and subject to such
may be prescribed.
Explanation I - "Development"
shall have the same meaning as in clause (7) of section
2 of the West Bengal Town and Country (Planning and
Development) Act, 1979 (West Ben. Act XIII of 1979).
Explanation II - "Right
of development of a heritage building" shall
mean the right of development, in the prescribed manner,
of such potentials as may be available in respect
of such heritage building on a plot of land different
from the land and building comprising the heritage
building but in the same ward of the Corporation.
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