(1) Notwithstanding anything contained in any other law for the time being in force, all local authorities shall refer anything related to identification, restoration and preservation of any heritage building or any other development or any engineering operation which is likely to affect preservation of any heritage building, for advice.
Powers and functions of Commission.
85 The West Bengal Heritage Commission Act, 2001.
[West Ben. Act (Chapter Ill.—Powers and functions of Commission.—Section 11.)
(2) Subject to the provisions of sub-section (1), the functions of the Commission shall be— to advise the State Government on preparing a classification of buildings in certain grades of heritage buildings after scrutinising applications and proposals received, including supplementing the existing list of buildings as well as all other matters relating to heritage conservation;
(ii) to advise the State Government on any alteration, modification or relaxation of any law for the time being in force for development, control and conservation of any heritage building;
(iii) to advise the local authorities, where necessary, on the policy of the grant of any certificate of right of development of any heritage building;
(iv) to advise whether to allow commercial or other use of heritage buildings and, if so, when to prohibit such use;
(v) to advise the State Government on framing of special regulations for such heritage buildings as may be listed by the State Government;
(vi) to advise the local authorities to regulate the installation of advertisement and display structure in respect of heritage buildings;
(vii) to advise the State Government on guidelines to be adopted by private parties who sponsor beautification schemes in West Bengal;
(viii) to advise the local authorities on the cost of repair of heritage buildings and the policy to be adopted for raising repairfunds from private sources;
(ix) to advise the local authorities to prepare special designs and guidelines for heritage buildings controlling the height and essential characteristics and to suggest other aspects of conservation and restoration;
(x) to advise the local authorities on the provision of incentive by exemption from payment of rates or taxes or fees for supply of water or any other charge in respect of heritage buildings;
(xi) to advise the State Government on the penal measures for defacing or destroying a heritage building;
(xii) to advise the State Government and the local authorities on the making of provision for restoration of heritage buildings;
(i) 86 The West Bengal Heritage Commission Act, 2001.
IX of 2001.1 (Chapter 111.—Powers and functions of Commission.— Sections 12-14.)
(xiii) to advise the State Government and the local authorities on documentation of records of heritage buildings;
(xiv) to advise the State Government on the steps to involve public opinion in mobilisation of efforts for creating awareness, preserving or maintaining heritage, and the consciousness of its visible architectural and natural evidences, so as to foster the creation of a popular mandate for heritage preservation;
(xv) to advise the State Government on any other matter relating to restoration or preservation of buildings of heritage importance as may be entrusted by the State Government to the Commission.
(3) Notwithstanding anything contained in any other law for the time being in force, no local authority shall take any step for identification, preservation, conservation or restoration of any heritage building, not consistent with the determination or advice of the Commission.
12. If any local authority is aggieved by any advice of the Appeal to Commission in respect of any building operation, engineering opera- State Government tion or development proposal referred to the Commission under sub- in certain section (1) of section 11, such local authority may, within sixty days from cases.
the date of advice by the Commission, prefer an appeal to the State Government, and the State Government may pass such order thereon as it deems fit.
13. Nothing contained in this Act shall preclude the State Government from calling for, and examining, on its own motion, if that Government considers it necessary so to do in the public interest, any case of advice by the Commission under sub-section (1) of section 11 and passing such order thereon as it thinks fit:
Provided that no such order shall be made prejudicially affecting any local authority, except after giving it an opportunity of making a representation in the matter.
14. The decision of the State Government in an appeal under section 12 or revision under section 13, shall be final and binding and shall not be questioned in any court of law.
Power of State Government to revise decision in certain cases.
Decision of State Government not to be questioned.
87 The West Bengal Heritage Commission Act, 2001.
[West Ben. Act (Chapter 111.—Powers and functions of Commission.— Sections 15, 16.—Chapter 1V.—Fund, Accounts and Audit.—Sections 17, 18.)
Powers of Commission.
State Government and local authority to accept, and to take action in accordance with, the advice of the Commission.
15. For the purpose of performing its functions under this Act, the Commission shall have the same powers as are vested in a Civil court while trying a suit under the Code of Civil Procedure, 1908, in respect 5 of 1908.
of the following matters:—
(a) summoning and enforcing the attendance of any person and examining him;
(b) requiring discovery and production of any documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any office;
(e) any other matter which may be prescribed.