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425H. Right of access
to heritage building acquired by Corporation:
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 acquired by the Corporation.
425-I. Sub-lease of heritage
building: The Corporation shall have the
right to allow the transfer of right of development
to the lessee of a heritage building where the unexpired
period of the term of lease is for 90 years, and to
take the heritage building on sub-lease 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.
425J.
Permission of concerned department of State Government
before acquisition of heritage building: If the Corporation considers
that it is necessary to acquire any building declared
as a heritage building 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, by agreement or under the Land Acquisition Act,
1894 (1 of 1894), permission of the concerned Department
of the State Government shall be taken before such acquisition.
425K. Power to exempt rates
and taxes, etc. On heritage building: If
the owner of a heritage building enters into an agreement
with the Corporation to maintain, preserve and conserve
such heritage building properly at his own expenses,
the Corporation may, in such case, exempt wholly or
partly the owner of such heritage building from payment
of rates of taxes or fees for supply of water or any
other charge in respect of such heritage building.
425L. Agreement with owner
of heritage building pending acquisition:
(1) The Municipal Commissioner may, pending acquisition
of a heritage building by the corporation under this
Act and with the approval of the Mayor-in-Council, propose
to the owner of such heritage building to enter into
an agreement with the Corporation for a specified period
for the maintenance of such heritage building.
(2) The agreement as aforesaid may provide for all
or any of the following matters:
a. maintenance of the heritage building by the owner
or by any other person willing to maintain the said
building;
b. custody of the heritage building and the duties
of the person who may be employed to watch it;
c. the restriction s of the owner's right -
(i) to use the heritage building for any other purpose
detrimental to its conservation.
(ii) To charge any fee for entry into, or inspection
of, the heritage building, and
(iii) To build on or near the site of the heritage
building.
425M. Voluntary contribution
and agreement with any voluntary organization,
person or company:
(1) The Municipal Commissioner may receive voluntary
contributions towards the cost of maintaining any heritage
building and may give order as to the management and
application of such contributions for the purpose of
preservation and conservation of such heritage building.
(2) Subject to the approval of the Mayor-in-Council,
the Municipal Commissioner may enter into any agreement
with any person or voluntary organization or company,
whether incorporated or not, willing to preserve and
conserve any heritage building on such terms and conditions
as the Municipal Commissioner may determine.
425N. Taking over management
and control of heritage building:
(1) If the Municipal Commissioner, on receipt of any
information, is satisfied that the owner of a heritage
building fails to preserve or conserve the heritage
building, the Municipal Commissioner may, when the heritage
building is vacant and after hearing the owner, by order
in writing, take over the management and control of
such heritage building for the purpose of preservation
and conservation thereof, suspending the right of the
owner to transfer such heritage building for a maximum
period of five years, subject to acquisition either
by agreement or under the provisions of the Land Acquisition
Act, 1984 (1 of 1984).
(2) The Municipal Commissioner shall thereafter notify
the heritage building for letting it out by agreement
to any person as tenant for the purpose as aforesaid,
and the owner shall be entitled to an amount equal
to the reasonable letting value of the heritage building
as rent less the cost on account of preservation and
conservation of the heritage building.
425O. When heritage building
ceases to be heritage building:
If the corporation decided that any heritage building
has ceased 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 has ceases to be a heritage building
for the purposes of this Act.
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