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WEST BENGAL BUILDING (REGULATION OF PROMOTION OF CONSTRUCTION AND
TRANSFER BY PROMOTERS) ACT, 1993
2 !" 1993
3th 0arch2 1334

)n )ct to pro5ide 6or the regulation o6 promotion o6 construction and trans6er o6 7uilding 7y promoters
in $est &engal. $hereas it is e8pedient in the pu7lic interest to pro5ide 6or the regulation o6 promotion
o6 construction and trans6er o6 7uilding 7y promoters in $est &engal9 It is here7y enacted as 6ollows

Section 1 Short title2 e8tent and commencement

(1) %his )ct may 7e called the $est &engal &uilding (,egulation o6 /romotion o6 Construction and
%rans6er 7y /romoters) )ct2 133.

(") It e8tends to the whole o6 $est &engal.

() It shall come into 6orce in such areas2 and on such date or dates2 as the State (o5ernment may2 7y
noti6ication in the -66icial (a:ette2 appoint9 and di66erent dates may 7e appointed 6or di66erent areas.

Section " +e6initions

In this )ct2 unless the conte8t otherwise re;uires2
(a) <apartment< means an apartment as de6ined in the $est &engal )partment -wnership )ct2 13!"9

(7) <7loc=< means a 7loc= o6 6lats9

(c) <7uilding< includes a 6lat or 7loc=9

(d) <contractor< means any person who underta=es a contract 6or construction o6 any 7uilding9

(e) <6lat< means separate residential unit2 whether sel6-contained or not2 used or intended to 7e used 6or
any o6 the purposes re6erred to in su7-clause (a) to (i) o6 clause (") o6 section 3> o6 the Calcutta
0unicipal Corporation )ct2 13#>2 and includes an apartment9

(6) <prescri7ed< means prescri7ed 7y rules made under this )ct9

(g) <promoter< means a person who constructs or causes to 7e constructed a 7uilding on a plot o6 land 6or
the purpose o6 trans6er o6 such 7uilding 7y sale2 gi6t or otherwise to any other person or to a company2
co-operati5e society or association o6 person2 and includes

(i) his assignee2 i6 any2
(ii) the person who constructs2 and the person who trans6ers 7y sale2 gi6t or otherwise2 the 7uilding2 i6 the
two are di66erent persons.
11.Su7-clauses (iii) and (i5) om.7y $.&.)ct 4# o6 1334. (5) any 7oard2 company2 corporation2 6irm2 or
other association o6 persons2 esta7lished 7y or under any law 6or the time 7eing in 6orce9

(h) <purchase< means any person who2 under section !2 enters into an agreement with the promoter 6or
the purchase o6 a 6lat9

(i) <,egistrar< means the ,egistrar as de6ined in the $est &engal Co-operati5e Societies )ct2 13#>9

(?) the e8pression <to construct a 7uilding< with its grammatical 5ariation means

(i) to construct a new 7uilding2 or
(ii) to re-construct a 7uilding2 or
(iii) to con5ert a 7uilding2 or any part o6 a 7uilding2 not 7eing a 6lat or 7loc=2 into a 6lat or 7loc=.

Section ,egistration and permission 6or construction

(1) E5ery promoter who constructs or intends to construct in any area in which this )ct comes into 6orce
a 7uilding 6or the purpose o6 trans6er o6 such 7uilding 7y sale2 gi6t or otherwise2 shall at least ninety days
7e6ore the commencement o6 the construction o6 such 7uilding in such area2 ma=e an application

/ro5ided that notwithstanding anything contained in this )ct or in any other law 6or the time 7eing in
6orce2 in the case o6 any 7uilding under construction on the date immediately 7e6ore the date o6 coming
into 6orce o6 this )ct 7y any promoter2 such o66icer o6 the State (o5ernment2 not 7elow the ran= o6
E8ecuti5e Engineer2 as the State (o5ernment may appoint2 shall ha5e access to the site o6 such 7uilding
at any time o6 the day without prior intimation to the promoter 6or in5estigation o6 any complaint 6rom
any purchaser with regard to unlaw6ul or de6ecti5e construction or use o6 su7-standard materials2 and
such o66icer may2 at the conclusion o6 such in5estigation2 7ring to the notice o6 the promoter the de6ects
o6 construction2 i6 any2 6ir recti6ication within such period as may 7e speci6ied 7y him. I6 the promoter
6ails to recti6y the de6ects within the period as a6oresaid2 such o66icer may declare such 7uilding to 7e
unsa6e or dangerous 6or human ha7itation2 i6 the construction o6 such 7uilding so warrants.

(") E5ery such application shall 7e accompanied 7y the statement containing the 6ollowing particulars
and documentary e5idences where necessary:

(a) detailed description o6 land with site plan9
(7) the nature o6 the promoters@ title to the land (copy o6 the title deed to 7e anne8ed)9
(c) details o6 the agreement 7etween the owner o6 the land and the promoter authorising the latter to
underta=e the construction o6 7uilding (copy o6 registered agreement to 7e anne8ed)9
(d) the nature o6 encum7rances on the land2 including the right2 title interest or claim o6 any other person
in or o5er such land9
(e) the total co5ered 6loor area2 the num7er o6 6lats proposed to 7e constructed2 the appro8imate si:e o6
each 6lat and the 6acilities including common 6acilities li=ely to 7e ma=e a5aila7le to the purchasers 7y
the promoter.
(6) sanctioned plan 6or the construction o6 7uilding under any law 6or the time 7eing in 6orce or where the
plan is not sanctioned at the time o6 ma=ing the application under su7-section (1)2 an underta=ing 7y the
applicant to the e66ect that the plan will 7e su7mitted 7y him as soon as it is sanctioned:
/ro5ided that the name o6 the applicant shall not 7e registered2 and the applicant shall not 7e granted
permission to construct the 7uilding2 under su7-section (A) until the sanctioned plan is su7mitted9

(g) detailed speci6ications o6 the construction o6 7uilding as appro5ed 7y any competent authority under
any law 6or the time 7eing in 6orce9
(h) the estimated e8penditure 6or the construction o6 7uilding and the source 6rom which the e8penditure
shall 7e 6inanced9
(i) details o6 6inancial agreement made with any 7an= or other 6inancial institution2 and o6 legal
sa6eguards ta=en2 i6 any2 6or the construction o6 7uilding2 or the trans6er o6 7uilding 7y sale2 gi6t or
otherwise9
(?) details o6 ad5ance payment or deposit to 7e ta=en 7y the promoter 6rom the purchaser:
/ro5ided that no ad5ance payment or deposit shall 7e ta=en 7y any promoter 7e6ore his name is
registered under su7-section (A)9

(=) the period within which or the date o6 which the possession o6 6lats is proposed to 7e made o5er to the
purchasers9
(l) copies o6 agreements entered into or proposed to 7e entered into with the purchaser9
(m) the name o6 architect or engineer or any other person authorised to su7mit plan under any law 6or the
time 7eing in 6orce2 or the name o6 6irm or company competent to su7mit plan2 who has prepared the plan
and the estimates o6 the proposed construction o6 7uilding together with address9
(n) the name and address o6 the contractor or contractors proposed to 7e engaged 6or the construction o6
7uilding:
/ro5ided that i6 and when there is any change o6 contractor proposed to 7e engaged or actually engaged
7e6ore or a6ter the commencement o6 the construction o6 any 7uilding2 as the case may 7e2 the promoter
shall 6orthwith in6orm the authorised o66icer o6 the name and address o6 such contractor9

(o) such other particulars as may 7e prescri7ed.

() E5ery promoter shall ma=e a separate application 6or the construction o6 7uilding on separate plot o6
land or 6or the construction o6 separate 7uilding:

/ro5ided that no such application shall 7e entertained where the promoter has no title to the land unless
the agreement 7etween the owner o6 the land and the promoter2 authorising the promoter to underta=e the
construction o6 7uilding2 is duly registered:
/ro5ided 6urther that no such application shall 7e re6used without gi5ing the promoter a reasona7le
opportunity o6 7eing heard.

(4) %he name o6 a promoter shall not 7e registered i6

(a) he is o6 unsound mind and stands so declared 7y a competent authority9 or
(7) he is an undischarged insol5ent9 or
(c) he2 7eing a discharged insol5ent2 has not o7tained 6rom the court ha5ing ?urisdiction a certi6icate that
his insol5ency was caused 7y mis6ortune without any misconduct on his part9 or
(d) he has 7een con5icted o6 an o66ence o6 criminal 7reach o6 trust9 or
(e) he is otherwise incompetent to ma=e any contract under any law 6or the time 7eing in 6orce9 or
(6) the certi6icate o6 registration granted to him pre5iously 6or construction o6 any other 7uilding was
cancelled under section 4 o6 this )ct.

(A) %he authorised o66icer shall2 on receipt o6 an application under su7-section (1)2 scrutini:e the
applications and the accompanying documents and2 on 7eing satis6ied that the application complies with
the pro5isions o6 this )ct and the rules made thereunder2 register the name o6 the applicant and2 7y an
order2 grant him permission to construct the 7uilding or may2 6or reasons to 7e recorded in writing2 7y an
order re6use to register the name o6 the applicant and to grant him permission to construct the 7uilding:

/ro5ided that no order re6using to register the name o6 an applicant and to grant him permission to
underta=e the construction o6 7uilding shall made without gi5ing the applicant a reasona7le opportunity
o6 7eing heard:
/ro5ided 6urther that e5ery application under su7-section (1) shall 7e disposed o6 7y the authorised
o66icer within a period o6 three months 6rom the date o6 receipt o6 such application.

(B) %he name o6 e5ery promoter registered under su7-section (A) shall 7e entered in a register to 7e
maintained 7y the authorised o66icer in such 6orm as may 7e prescri7ed.

(!) %he promoter2 whose name has 7een registered under su7-section (A)2 shall 7e granted a certi6icate o6
registration in such 6rom as may 7e prescri7ed9 and the permission to underta=e the construction o6
7uilding under that su7-section shall 7e in con6ormity with the sanctioned plan 6or the construction o6
7uilding.

(#) ) copy o6 the order granting permission under su7-section (A) shall 7e sent 7y the authorised o66icer
to the authority who has sanctioned the plan 6or construction o6 7uilding or2 as the case may 7e2 6or
con5ersion o6 7uilding or any part o6 7uilding under any law 6or the time 7eing in 6orce.

Section 4 /eriod o6 5alidity o6 certi6icate o6 registration and cancellation thereo6

(1) %he certi6icate o6 registration or the permission 6or construction o6 7uilding granted to a promoter
under section shall2 su7?ect to the pro5isions o6 su7-section (") o6 this section2 remain 5alid 6or a period
o6 three years 6rom the date o6 issue o6 such certi6icate or grant o6 such permission2 as the case may 7e:

/ro5ided that the authorised o66icer may2 6rom time to time2 e8tend the period o6 5alidity o6 the certi6icate
o6 registration or the permission 6or construction o6 7uilding9 so2 howe5er2 that the total period o6 such
e8tension shall not2 in either case2 e8ceed two years :
/ro5ided 6urther that2 i6 the promoter cannot complete the construction o6 such 7uilding within the total
period o6 6i5e years 6or circumstances 7eyond his control2 he may ma=e an application to the State
(o5ernment 6or e8tending the period o6 5alidity o6 the certi6icate o6 registration 6or construction o6 such
7uilding2 and the State (o5ernment may2 on receipt o6 such application2 e8tend the said period o6 6i5e
years 7y such 6urther period as it thin=s 6it.

(") 'otwithstanding anything contained in su7-section (1)2 a certi6icate o6 registration may 7e cancelled
7y the authorised o66icer 7y an order in writing i6

(a) the statement or any part thereo6 6urnished 7y the promoter under su7-section (") o6 section is
su7se;uently 6ound to 7e 6alse or incorrect9 or
(7) the promoter 7ecomes su7?ect to any o6 the dis;uali6ications mentioned in su7-section (4) o6 section
9
(c) the promoter2 in course o6 the construction o6 any 7uilding2 uses su7-standard materials or 5iolates
any rules or esta7lished practices regulating the construction o6 7uilding:
/ro5ided that no certi6icate o6 registration shall 7e cancelled without gi5ing the promoter an opportunity
o6 7eing heard.

Section A )ppeal

(1) )ny promoter aggrie5ed 7y an order o6 the authorised o66icer under su7-section (A) o6 section or
su7-section (") o6 section 4 may2 within thirty days 6rom the date o6 the ser5ice o6 the order2 pre6er an
appeal to such authority as may 7e prescri7ed.

(") %he manner in which an appeal shall 7e 6iled and the manner o6 deciding the appeal shall 7e such as
may 7e prescri7ed.

Section B )d?udication o6 disputes

)ny purchaser may2 i6 he has any dispute regarding the purchase o6 any 6lat2 ma=e an application in such
6orm as may 7e prescri7ed to such o66icer as the State (o5ernment may appoint 6or ad?udication o6 the
dispute in such manner as may 7e prescri7ed.

Section B) ,e5ision

"". Section B) ins. 7y $. &. )ct 4# o6 1334. . %he State (o5ernment may2 either suo motu or an
application 7y any party aggrie5ed 7y order under this )ct within si8ty days 6rom the date o6 such order2
call 6or2 the e8amine2 the records o6 any proceedings disposed o6 7y the authorised o66icer or 7y the
authority re6erred to in su7-section (1) o6 section A or 7y the o66icer re6erred to in section B2 as the case
may 7e2 6or the purpose o6 satis6ying itsel6 as to the correctness2 legality or propriety o6 any such
proceedings and o6 any order passed therein2 and may pass such order in relation thereto as it may deem
6it:
/ro5ided that no order ad5erse to any person shall 7e passed without gi5ing him an opportunity to show
cause against the proposed order:

/ro5ided 6urther that no application 6or re5ision under this section shall 7e entertained where an appeal
has 7een or could ha5e 7een pre6erred under section A or where an application 6or ad?udication has 7een
or could ha5e 7een made under section B.

Section ! )greement and registration thereo6

'otwithstanding anything contained elsewhere in this )ct or in any other law 6or the time 7eing in 6orce2
a promoter shall2 7e6ore he ta=es any ad5ance payment or deposit2 which shall not 7e more than 6orty
percent o6 the sale price o6 a 6lat2 enter into a written agreement 6or sale with each person who intends to
purchase2 such 6lat and the agreement shall 7e registered under the ,egistration )ct2 13>#2 and such
agreement shall contain such particulars2 and shall 7e accompanied 7y such documents or copies thereo62
as may 7e prescri7ed:
/ro5ided that no such agreement shall 7e registered 7e6ore the promoter is granted permission to
construct 7uilding under su7-section (A) o6 section .

Section # )lteration or addition without consent o6 trans6eree and recti6ication o6 de6ect

(1) 'o promoter shall2 a6ter he has 7een granted under su7-section (A) o6 section permission to
construct a 7uilding and a6ter an agreement under section ! 7een entered into 7y him with any person
who intends to purchase a 6lat2 ma=e2 without prior consent o6 such person2 (i) any alteration in the
structure o6 such 6lat9 or (ii) ma=e any alteration in the structure o6 a 7uilding or construct any additional
structure:

/ro5ided that e5ery alteration in the structure o6 such 6lat or 7uilding or e5ery construction o6 such
additional structure shall 7e done with the prior permission o6 the authority which sanctioned the original
plan o6 such 6lat or 7uilding and with due regard to the detailed speci6ications o6 the construction o6
7uilding as appro5ed 7y the competent authority under any law 6or the time 7eing in 6orce.

(") Su7?ect to the pro5isions o6 su7-section (1)2 a 7uilding shall 7e constructed and completed in
accordance with the plan re6erred to in clause (6)2 and the speci6ications re6erred to in clause (g)2 o6
su7-section (") o6 section . I6 any de6ect in the construction o6 the 7uilding or in the material used or i6
any unauthorised change in the construction o6 the 7uilding is 7rought to the notice o6 the promoter 7y
the person or persons ta=ing possession o6 the 7uilding within a period o6 one year 6rom the date o6
ta=ing such possession2 it shall either 7e recti6ied2 where5er possi7le2 7y the promoter without charge to
the person or persons who agreed to purchase any 6lat or 6lats or such person or persons shall 7e paid a
reasona7le compensation 6or such de6ect or change.

() $here there is a dispute as respect any de6ect in the construction o6 the 7uilding or in the material
used or any unauthorised change in the construction o6 the 7uilding or the amount o6 reasona7le
compensation paya7le in respect o6 such de6ect or change which is not recti6ied 7y the promoter or is
incapa7le o6 7eing recti6ied2 or where there is a dispute as to whether it is reasona7ly possi7le 6or the
promoter to recti6y such de6ect or change2 the matter shall2 on payment o6 such 6ee 7y the purchaser in
such manner as may 7e prescri7ed2 7e re6erred 6or a decision to the Chie6 Engineer in the Cousing
+irectorate under the Cousing +epartment o6 the State (o5ernment or to such other o66icer o6 the State
(o5ernment2 not 7elow the ran= o6 E8ecuti5e Engineer2 as the State (o5ernment may appoint within a
period o6 two years 6rom the date o6 ta=ing possession o6 the 7uilding.

(4) %he Chie6 Engineer2 either himsel6 or through his nominee2 not 7elow the ran= o6 E8ecuti5e Engineer2
or the o66icer appointed under su7-section ()2 as the case may 7e2 shall2 a6ter such en;uiry as may 7e
deemed necessary2 record his decision within one year 6rom the date o6 payment o6 the 6ee re6erred to in
su7-section () and in6orm the parties to the dispute 6orthwith2 and his decision shall 7e 6inal.

(A) %he Chie6 Engineer or his nominee2 not 7elow the ran= o6 E8ecuti5e Engineer2 o6 the o66icer
appointed under su7-section ()2 as the case may 7e2 shall ha5e access to the site o6 any 7uilding under
construction 7y any promoter2 whose name has 7een registered under su7-section (A) o6 section 2 at any
time o6 the day without prior intimation to him 6or inspection o6 the wor= o6 construction or 6or
in5estigation o6 any complaint 6rom any purchase or other person or 6rom any other source with regard to
unlaw6ul or de6ecti5e construction or use o6 su7-standard materials2 and the decision o6 the Chie6
Engineer or his nominee or the o66ice as a6oresaid shall 7e 6inal and 7inding on the promoter:

/ro5ided that any purchaser or other person ma=ing the complaint shall deposit such 6ee in such manner
as may 7e prescri7ed9
/ro5ided 6urther that the 6ee shall 7e re6unded to the purchaser or other person2 as the case may 7e2 i6 the
complaint is 6ound correct9
/ro5ided also that the cost o6 inspection or in5estigation2 as the case may 72 shall 7e 7orne 7y the
promoter i6 the complaint is 6ound correct.

Section 3 &ar to e8ecution o6 mortgage etc. and re6und o6 money2 i6 such mortgage is e8ecuted2 or 6or
6ailure to gi5e possession

(1) 'o promoter shall2 a6ter he enters into an agreement under section !2 mortgage or create a charge on
the 6lat or the land on which such 6lat is constructed without prior consent o6 the person or persons with
whom such agreement is entered into.

(") I6 any promoter

(a) e8ecutes such mortgage or creates such charge without the prior consent o6 the person or persons as
a6oresaid a6ter the agreement is registered under section !2 or
(7) 6ails to gi5e possession o6 a 6lat2 duly completed2 7y the date speci6ied in the agreement or 7y the
6urther date agreed to 7y the parties2 or
(c) is una7le2 6or reasons 7eyond his control or 7eyond the control o6 his agent2 to gi5e possession o6 the
6lat 7y the date speci6ied in the agreement under section ! or 7y the 6urther date agreed to 7e the parties2
and a period o6 three months therea6ter2 or a 6urther period o6 three months i6 such reasons still e8ist2 has
elapsed2 the promoter shall2 without pre?udice to any other remedies to which he may 7e lia7le under this
)ct or any other law 6or the time 7eing in 6orce2 7e lia7le on demand to re6und the amount already
recei5ed 7y him in respect o6 such 6lat with simple interest at the current 7an= rate 6rom the date o6
receipt o6 such amount till the date on which the amount and the interest thereon is re6unded2 and the
amount and the interest shall2 su7?ect to any prior encum7rance2 7y a charge on the land and the 7uilding
thereon2 i6 any2 to the e8tent2 o6 the amount due9
/ro5ided that
(a) i6 the promoter wil6ully delays the construction o6 the 6lat and does not complete the construction
thereo6 within the period speci6ied in the agreement under section ! (hereina6ter re6erred to as the
speci6ied period)2 and gi5es possession o6 the 6lat to the party a6ter the e8piry o6 the speci6ied period2 he
shall pay compensation at the rate o6 twel5e percent o6 the ad5ance payment or deposit to the party 6or
the period commencing 6rom the date 6ollowing the date o6 e8piry o6 the speci6ied period to the date o6
gi5ing possession o6 the 6lat2 and such compensation shall 7e ad?usted against the price o6 the 6lat in such
manner as may 7e prescri7e2 or
(7) i6 the promoter delays the construction o6 the 6lat 7eyond the speci6ied period without any prima 6acie
reason there6or2 and the party e8presses its unwillingness to ta=e possession o6 the 6lat as and when
completed and claims re6und o6 the ad5ance payment o6 deposit2 the promoter shall re6und the ad5ance
payment or deposit and shall pay compensation at the rate o6 twenty-6i5e per cent o6 such ad5ance
payment or deposit.

Section 1> /romoter to ta=e steps 6or 6ormation o6 co-operati5e society

I6 a minimum num7er o6 persons re;uired to 6orm a co-operati5e society ha5e 6ormed an organi:ation
and ha5e ta=en 6lats2 the promoter shall2 within a period o6 two months 6rom the date o6 ta=ing 6lat 7y the
last mem7er o6 such organi:ation2 su7mit an application to the ,egistrar 6or registration o6 such
organi:ation as a co-operati5e society (7y whate5er name called) and shall ?oin2 in respect o6 the 6lats
which ha5e not 7een ta=en2 in such application 6or mem7ership o6 the co-operati5e society.

Section 11 /romoter to con5ey title etc. and to e8ecute documents according to agreement

E5ery promoter shall ta=e all necessary steps to complete his title and con5ey to the organi:ation o6
persons ta=ing 6lats2 which is registered as a co-operati5e society his right2 title and interest in the land
the 7uilding2 and shall e8ecute all rele5ant documents there6or in accordance with the agreement under
section !2 and i6 no period 6or the e8ecution o6 the con5eyance is agreed upon2 he shall e8ecute the
con5eyance within the prescri7ed period and shall deli5er all documents o6 title relating to the property
which may 7e in his possession or power.

Section 1" Insurance against loss or death

(1) ) promoter shall insure with any general insurance company and o7tain an insurance policy or
policies co5ering the lia7ility o6 any loss or death caused 7y any de6ect in land or 7uilding2 and shall =eep
the authorised o66icer in6ormed o6 payment o6 premia 6rom time to time against such insurance policy or
policies.

(") %he policy or policies as a6oresaid shall co5er the ris=s e8tending not less than ninety per cent o6 the
5alue or estimated 5alue o6 7uilding.

() %he insurance ris=s shall co5er 6or a period o6 not less than 6i5e years 6rom the date o6 ma=ing o5er o6
possession o6 the last salea7le 6lat.

(4) %he lia7ility o6 the insurance company shall e8tend up to the 5alue o6 li6e and property lost or 7odily
in?uries su66ered 7ut shall not e8ceed the insured sum.

(A) .or determining the ;uantum o6 5alue o6 li6e and property lost or 7odily in?uries su66ered2 the State
(o5ernment may2 7y order2 constitute a %ri7unal headed 7y a Dudicial -66icer ha5ing e8perience o6 not
less than se5en years in ?udicial ser5ice and may also2 7y such order or su7se;uent order2 pro5ide 6or
assessors2 not less than two in num7er2 6or assisting the %ri7unal in such determination.

E8planation 1. .or the purposes o6 this section2
(a) <loss< shall include damages o6 a 7uilding or part thereo6 or any other properties law6ully stored
therein or 7odily in?uries su66ered 7y any person2 whether a resident o6 such 7uilding or an outsider2 and
(7) <death< shall include death to any person2 whether a resident o6 a 7uilding or an outsider2 caused 7y
any de6ect in land or such 7uilding.

E8planation II. .or death or 7odily in?uries2 the 5alue o6 loss 6or the purposes o6 compensation shall 7e
determined in accordance with the pro5isions o6 the 0otor Eehicles )ct2 13##.

Section 1") &ar on ?urisdiction o6 court

. Section 1") ins. 7y $. &. )ct 4# o6 1334. .
(1) 'o ci5il court shall ha5e any ?urisdiction to entertain or decide any ;uestion relating to matters
arising under any pro5ision o6 this )ct or the rules made thereunder.

(") E5ery order passed 7y the authorised o66icer which is su7?ect to appeal or re5ision2 e5ery order passed
7y the authority re6erred to in su7-section (1) o6 section A2 and e5ery order passed 7y the o66icer re6erred
to in section B2 which is su7?ect to re5ision2 and e5ery order passed 7y the State (o5ernment in re5ision2
shall 7e 6inal and shall not 7e ;uestioned in any court o6 law.

Section 1 /enalties

)ny promoter who 6ails to comply with2 or contra5enes2 any o6 the pro5isions o6 this )ct or the rules
made thereunder2 shall2 on con5iction2 7e punished with imprisonment 6or a term2 not 7eing less than
three months2 which may e8tend to three years or with 6ine which may e8tend to 6i5e thousand rupees or
with 7oth2 and a promoter who commits a criminal 7reach o6 trust in respect o6 any sum o6 money as
ad5ance payment or deposit2 re6erred to in section !2 shall2 on con5iction2 7e punished with imprisonment
6or a term2 not 7eing less than si8 months2 which may e8tend to 6our years or with 6ine which may e8tend
to 44. $ords su7s2 7y $<. &. )ct 4# o6 1334. Ften thousand rupees or the amount in respect o6 which the
o66ence has 7een committed whiche5er is greater2G or with 7oth.

Section 14 -66ences 7y companies

(1) $here as o66ence under this )ct has 7een committed 7y a company2 e5ery person who2 at the time the
o66ence was committed2 was in charge o62 and was responsi7le to2 the company 6or the conduct o6 the
7usiness o6 the company2 as well as the company2 shall 7e deemed to 7e guilty o6 the o66ence and shall 7e
lia7le to 7e proceeded against and punished accordingly:

/ro5ided that nothing contained in this su7-section shall render any such person lia7le to any
punishment2 i6 he pro5es that the o66ence was committed without his =nowledge or that he had e8ercised
all due diligence to pre5ent the commission o6 such o66ence.

(") 'otwithstanding anything contained in su7-section (1)2 where any o66ence under this )ct has 7een
committed 7y a company and it is pro5ed that the o66ence has 7een committed with the consent or
conni5ance o62 or is attri7uta7le to any neglect on the part o62 any director2 manager2 secretary or other
o66icer o6 the company2 such director2 manager2 secretary or other o66icer shall 7e deemed to 7e guilty o6
that o66ence and shall 7e lia7le to 7e proceeded against the punished accordingly.

E8planation. .or the purpose o6 this section2
(a) <company< means any 7ody corporate and includes a 6irm or other association o6 indi5iduals9 and
(7) <director<2 in relation to a 6irm2 means a partner in the 6irm.

Section 1A /ower to ma=e rules

(1) %he State (o5ernment may2 a6ter per5ious pu7lication2 ma=e rules 6or carrying out the purposes o6
this )ct.

(") In particular2 and without pre?udice to the generality o6 the 6oregoing power2 such rules may pro5ide
6or all or any o6 the 6ollowing matters2 namely:

(a) the 6orm o6 the application re6erred to in su7-section (1) o6 section 2 the particulars to 7e mentioned
therein and the 6ee to 7e paid there6or 9
(7) the 6orm o6 register to 7e maintained under su7-section (B) o6 section 9
(c) the 6orm o6 the certi6icate o6 registration re6erred to in su7-section (!) o6 section 9
(d) the manner o6 the ser5ice o6 an order o6 the authorised o66icer9
(e) the authority to which2 and the manner in which2 an appeal under section A shall 7e 6iled and the
manner o6 deciding the appeal9
(6) the particulars and the documents to 7e attached with the agreement re6erred to in section !9
(g) the period within which a con5eyance shall 7e e8ecuted under section 119
(h) any other matter which may 7e or is re;uired to 7e prescri7ed.

Section 1B E8emption

AA.Section 1B su7s2 7y $.&.)ct 4# o6 1334. . 'otwithstanding anything contained elsewhere in this )ct2
the State (o5ernment may2 i6 it is o6 the opinion that the operation o6 any o6 the pro5isions o6 this )ct
causes undue hardship or circumstances e8ist which render it e8pedient to do so2 e8empt2 7y a general or
special order2 any class o6 persons or areas 6rom all or any o6 the pro5isions o6 this )ct2 su7?ect to such
terms and conditions as it may deem 6it to impose.

Section 1! ,epeal and sa5ing

(1) %he $est &engal )partment (,egulation o6 Construction and %rans6er) )ct2 13!"2 is here7y repealed.

(") *nless a di66erent intention appears2 such repeal shall not

(a) a66ect any right2 pri5ilege2 o7ligation or lia7ility ac;uired accrued or incurred under the said )ct9 or
(7) a66ect any penalty2 6or6eiture or punishment incurred in respect o6 any o66ence committed against the
said )ct9 or
(c) a66ect any in5estigation2 legal proceeding or remedy2 in respect o6 any such right2 pri5ilege2
o7ligation2 lia7ility2 penalty2 6or6eiture or punishment as a6oresaid9 and any such in5estigation2 legal
proceeding or remedy may 7e instituted2 continued or en6orced2 and any such penalty2 6or6eiture or
punishment may 7e imposed2 as i6 this )ct had not 7een passed.
$est &engal State )cts