BENGAL MUNICIPAL ACT, 1932
(1)This Act may be called the Bengal Municipal Act, 1932.
(2) It extends to the whole of [West Bengal], except Calcutta as defined fay clause (11) of section 3 of the Calcutta Municipal Act, 1923.
(3) It shall come into force on such date as the (State Government] may, by notification, appoint.
(4) Notwithstanding anything contained in sub-section (2), it shall not take effect in any cantonment or part of a cantonment without the consent of the [Central Government] previously obtained.
(5) Notwithstanding anything contained in sub-section (2), the provisions of thi
.- ********* All municipalities constituted, ****** limits defined, regulations, measurements and divisions made, licenses and notices issued, taxes, tolls, rates and fees imposed or assessed, budgets passed, assessments made, plans approved, permissions or sanctions granted under the Bengal Municipal Act, 1884, shall, so far as they are in force at the commencement of this Act, be deemed to have been respectively constituted, 7******defined, issued, imposed, assessed, passed, made, approved or granted under this Act, and shall (unless previously altered, modified, cancelled, suspended, surrendered or withdrawn, as the case may be, under this Act) remain in force for the period (if any) for which they were so constituted, ******defined, issued, imposed, assessed, passed, made, approved or granted.
In this Act, unless there is anything repugnant in the subject or context,- 99. Clause (al) ins. by W.B. Act 27 of 1955.
(aI) auditor" means an auditor appointed under section 122A and includes any officer authorised by him to perform all or any of the functions of the auditor under Chapter IVA;
(1) "bridge" includes a culvert;
(2) "building" includes a house, out-house, stable, privy, urinal, shed, hut, wall (other than a boundary wall, not exceeding 1010. Word and figures subs, for the words "ten feet" by W.B. Act 51 of 1980. [3.05 metres] in height) 1111. Words ins. by W.B. Act 51 pf 1980. [,verandah, balcony, chqjja, sunshade, staircase} and any other such structure, whether of masonry, bricks, w
(1) The 2525. Words "Provincial Government" first subs, for the words "Local Government" by the Government of lndialAdaptation of Indian Laws) Order. 1937, and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may, by notification, 2626. Words "and by such other means as it may determine." om. by W.B. Act 10 of 1982. ***** * * declare its intention-
(a) to constitute any town, together with, or exclusive of, any railway station, village, land or building in the vicinity of any such town a municipality under this Act; or
(b) to withdraw any municipality from the operation of this Act; or
(c) to exclude from a municipality any local area comprised therein and defined in the notif
With effect from the data of coming into force of clause(b) of section 2 of the Bengal Municipal (Amendment) Act, 1982, sub-section(3) of section 6 shall cease to have effect, except as respects things done or omitted to be done before such cesser; and section 8 of the Bengal General Clauses Act, 1899 shall apply upon such cesser as if the said sub-section had then been repealed by a West Bengal Act.
Any inhabitant of the town or local area, or any rate-payer of the municipality or municipalities in respect of which a notification has been published under section 6 may, if he objects to anything contained in the notification, submit his objections in writing to the 3838. Words "Provincial Government" first subs, for the words "Local Government" by the Government of Indla (Adaptation oflndian Laws) Order, 1937. and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] within three months from the date of the publication, and the 3838. Words "Provincial Government" first subs, for the words "Local Government" by the Government of Indla (Adaptation oflndian Laws) Order, 1937. and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] shall take his objection into consideration.
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When three months from the date of the publication of the notification have expired, and after considering any objections which may be submitted, the 3838. Words "Provincial Government" first subs, for the words "Local Government" by the Government of Indla (Adaptation oflndian Laws) Order, 1937. and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may by notification-
(a) constitute the town or any specified part thereof a municipality under this Act; or
(b) withdraw the whole area comprised in the municipality from the operation of this Act; or
(c) include the local area or any part thereof in the municipality or exclude it ther
Sec. 8A ins. by W.B. Act 10 of 1982. Where the constitution, abolition or alteration of limits of a municipality is set aside by order of a Court or otherwise, anything done or any action taken upon the constitution, abolition or alteration of limits of such municipality before such constitution, abolition, or alteration, of limits of such municipality is so set aside shall be deemed to have been validly done or taken.
Where a dwelling-house, manufactory, warehouse, place of trade or business is situated within the limits of two or more adjacent municipalities the 4242. Words "Provincial Government" first subs- for the words "Local Government" by the Government of India(Adaptation of Indian Laws) Order. 1937, and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may, notwithstanding anything contained in this Act, by notification, declare within which of these municipalities such dwelling-house, manufactory, warehouse, place of trade or business shall be deemed to be included for the purposes of this Act.
When any local area is included in a municipality by a notification under clause (c) or clause (f) of section 8 all the provisions of this Act and of any rules, by-laws, notifications, or orders made thereunder, which immediately before such inclusion were in force throughout such municipality, shall be deemea to apply to such area unless the 42(State Government] in and by the notification otherwise directs.
When any municipality is divided into two or more municipalities by a notification under clause (d) of section 8, then, notwithstanding anything contained in this Act, all the provisions of this Act and of any rules, by-laws, notifications, or orders made thereunder, which immediately before such division were in force in any part of the original municipality, shall be deemed to be in force in the same part of the municipalities formed by the division, unless the 4242. Words "Provincial Government" first subs- for the words "Local Government" by the Government of India(Adaptation of Indian Laws) Order. 1937, and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] in and by the notification otherwise directs.
When the whole area comprised in a municipality is withdrawn from the operation of this Act, or when any part of such area is excluded from the municipality, by a notification under clauses (b), (c), or (f) of section 8, this Act, and all rules and by-laws made, orders, directions and notices issued and powers conferred thereunder shall cease to apply to such area or part, as the case may be.
(1) If the circumstances of any municipality are such that, in the opinion of the 4242. Words "Provincial Government" first subs- for the words "Local Government" by the Government of India(Adaptation of Indian Laws) Order. 1937, and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] any of the provisions of this Act are unsuited thereto, the 4242. Words "Provincial Government" first subs- for the words "Local Government" by the Government of India(Adaptation of Indian Laws) Order. 1937, and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may, 4343. Words subs. for the words "on the recommendation" by W.B. Act 27 of 1955. [after taking into consideration the views] of the Commissioners at a meeting, by notification, except the municipality or any part of it from the operation of those pr
The Commissioners of every municipality already existing and of every municipality newly constituted under this Act and of every municipality whose local limits are altered as aforesaid, shall cause to be erected and set up and thereafter maintain substantial boundary-marks defining the limits or the altered limits of the area subject to their authority, as set out in any notification published under this chapter.
(1) There shall be established for each municipality a body of Commissioners having authority over the municipality and consisting of such number of Commissioners, not being more than thirty nor less than nine, as the [State Government] may specify in the notification constituting the municipality.
(2) Such Commissioners shall be a body corporate by the name of the Municipal Commissioners of the place by reference to which the municipality is known, having perpetual succession and a common seal, and by that name shall sue and be sued.
(1) The Commissioners shall be elected in the manner prescribed.
(2) Notwithstanding anything contained in sub-section (1), the State Government may appoint all the Commissioners of a municipality newly created and constituted under this Act for a period not exceeding two years from the date of the notification under which such municipality is created and constituted:
Provided that where the appointment is made for any period less than two years the State Government may, if it thinks fit so to do, extend such period, so, however, that the total period shall not exceed two years.
(3) Where the general election of the Commissioners of a municipality cannot
Sec. 17 subs. by W.B. Act 11 of 1947 which was earlier as under:- "17. Constitution of municipalities included in Schedule II.-(1) Every municipality mentioned in Schedule II to this Act shall be excluded from the operation of section 16. and in any municipality so excluded four-fifths of the total number of Commissioners shall be elected in the manner prescribed and the remaining one-fifth shall be appointed by the Local Government: Provided that in cases where the whole number of Commissioners is not evenly divisible by live, the one-fifth shall be ascertained by taking the number, next below the whole number, which is evenly divisible by five, as the number to be divided. (2) The Local Government may. at any time, include In, or exclude from, the said Schedule the name of any municipality.". *********
Sec. 18 subs. by W.B. Act 22 of 1962 which was earlier as under:- "18. Special provision in regard to industrial areas.-(11 Notwithstanding anything contained in section 16, the Local Government, by notification, stating the special circumstances, may, in the case of a municipality the development of which in its opinion is due to an appreciable extent to and dependent on the concentration of any industry or industries including railways and shipping and industries connected therewith), (i) increase the number of appointed Commissioners beyond the proportion mentioned in that section in order to secure the proper representation of such industry or Industries and of labour employed therein, or if it appears expedient to the Local Government that the industry or Industries and the labour employed therein should be represented by elected Commissioners, constitute industrial constituencies for the representation of such industry
Sec. 19 subs, by W.B. Act 25 of 1950 which was earlier as under:- "19. Representation of minority communities,-(1) The Local Government shall by rule provide for the representation of a minority community within a municipality by reserving seats for it among those to which Commissioners are to be elected under section 16 or section 17. The number of seats so reserved shall be in accordance with the proportion borne by such community to the total population of the municipality according to the latest census. (2) No person belonging to a minority community for which seats are reserved under subsection (1} shall, if eligible for election as a Commissioner, be disqualified by the operation of this section from election to any seat not'so reserved. Explanation.-The Local Government shall determine whether any community in a municipality shall be deemed to be a minority community for the purposes of this section.".
Words "Provincial Government" first subs, for the words "Local Government" by the Government of India(Adaptation of Indian Laws) Order. 1937. and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may, in case of new municipalities of its own motion, and in case of municipalities already in existence at the time the notification is made after consideration of the views of the Commissioners at a meeting, by notification, divide any municipality into wards for the purpose of the election of Commissioners and determine the number of Commissioners to be elected from each such ward 5151. Words ins. by W.B. Act 22 of 1979. [having regard to population, geographical condition and commercial importance of the area].
Sec. 21 first subs. by W.B. Act 16 of 1966. Then, the sec. 21 faced some amendments by W.B. Act 2 of 1975. Thereafter, existing sec. 21 and secs. 21A to 21J subs, for previous sec. 21 by W.B. Act 34 of 1978. Previous sec. 21 was as under:- "21. The electoral roll.-(I) So much of the electoral roll for any Assembly constituency for the time being in force as relates to the area comprised within a municipality shall, subject to the provisions of this Act and the rules made thereunder, be the electoral roll for the election of Commissioners in that municipality. (2) The Executive Magistrate in charge of the sub-division in which a municipality is situated or any other Executive Magistrate authorised by him in writing in this behalf shall, at the time and in the manner prescribed, publish, revise and republish the electoral roll in respect of the municipality and save as otherwise provided in sub-section (7). the electoral roll t
Sec. 21 first subs. by W.B. Act 16 of 1966. Then, sec. 21 faced some amendments by W.B. Act 2 of 1975. Thereafter sec. 21 and sees. 21A to 21J subs. for previous sec. 21 by W.B. Act 34 of 1978.
(1) A person shall be disqualified for registration in an electoral roll for a municipality if he-
(a) is not a citizen of India ; or
(b) is of unsound mind and stands so declared by a competent court; or
(2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included: Provided that the name of any person struck off the electoral role by reason of a disqualification under clause (c)
Sec. 21 first subs. by W.B. Act 16 of 1966. Then, sec. 21 faced some amendment by W.B. Act 2 of 1975. Thereafter sec. 21 and secs. 21A to 21J subs, for previous sec. 21 by W.B. Act 34 of 1978. 5454. Sec. 21B renumbered as sub-sec. (1) and sub-sec.(2) ins. by'W.B. Acl 7 of 1986.
(l) A person registered in the electoral roll for a municipality shall not be entitled to be registered in the electoral roll for any other municipality. Municipal Corporation or Panchayat area.
5454. Sec. 21B renumbered as sub-sec. (1) and sub-sec.(2) ins. by'W.B. Acl 7 of 1986.
(2) A person registered in the electoral roll for an Municipal Corporation or Panchayat area shall not be entitled to be registered in the electoral roll for any municipality.
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Sec. 21 first subs. by W.B. Act 16 of 1966. Then, sec. 21 faced some amendment by W.B. Act 2 of 1975. Thereafter sec. 21 and secs. 21A to 21J subs, for previous sec. 21 by W.B. Act 34 of 1978. No person shall be entitled to be registered in the electoral roll for any municipality more than once.
Sec. 21 first subs. by W.B. Act 16 of 1966. Then, sec. 21 faced some amendment by W.B. Act 2 of 1975. Thereafter sec. 21 and secs. 21A to 21J subs, for previous sec. 21 by W.B. Act 34 of 1978. Subject to the provisions of sections 21, 21A, 21B and 21C, every person who-
(a) is not less than eighteen years of age on the qualifying date; and
(b) is ordinarily resident in a municipality; shall be entitled to be registered in the electoral roll for that municipality.
Explanation.-For the purposes of this section 55a55a. Word.figures and letter ins. by W.B. Act 22 of 1979. [, section 21E] and section 21F, "qualifying date", in relation to the preparation or revision of an electoral roll, shall mean the fi
".- 5757. Sec. 21 first subs, by W.B. Act 16 of 1966. Then. sec. 21 faced some amendments by W.B. Act 2 of 1975. Thereafter, existing sec. 21 and secs. 21A to 21J subs. for previous sec. 21 by W.B. Act 34 of 1978. Sec. 21E again subs. by W.B. Act 22 of 1979. Previous sec. 21E was as under:- 21E. Meaning of "ordinarily resident".- (1) A person shall not be deemed to be ordinarily resident in a municipality on the ground only that he owns, or is in possession of, a dwelling house therein. (2) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. (3) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or who is detained in prison or other legal custody at any place shall not by reason thereof be deemed to be ordinarily re
Sec. 21 first subs. by W.B, Act 16 of 3966. Then. sec. 21 faced some amendments by W.B. Act 2 of 1975. Thereafter, existing sec. 21 and secs. 21A to 21J subs. for previous sec. 21 by W.B. Act 34 of 1978.
(1) The electoral roll for any municipality shall be prepared by the election authority in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act: 5959. Proviso ins. by W.B. Act 30 of 1989.
Provided that the electoral roll for the time being in force for election of Members to the West Bengal Legislative Assembly, so far as such electoral roll relates to any area comprised in a municipality, may be adopted by the election authority as the electoral roll for that municipality
Sec. 21 first subs, by W.B. Act 16 of 1966. Then. sec. 21 faced some amendments by W.B. Act 2 of 1975. Thereafter, existing sec. 21 and secs. 21A to 21J subs, for previous sec. 21 by W.B. Act 34 of 1978
(1) Any person aggrieved by any entry in or omission from the electoral roll or by the order or decision of the election authority may. within fifteen days from the final publication or the date of the decision or order of the election authority, as the case may be, appeal to the District Magistrate and if on such appeal the District Magistrate or any other officer authorised by him to hear the appeal directs any modification or addition to be made in the electoral roll or the decision or order of the election authority, the roll shall be amended and the decision or order shall be modified accordingly: 6464. Proviso ins. by W.B. Act 30 of 1989.
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Sec. 21 first subs, by W.B. Act 16 of 1966. Then. sec. 21 faced some amendments by W.B. Act 2 of 1975. Thereafter, existing sec. 21 and secs. 21A to 21J subs, for previous sec. 21 by W.B. Act 34 of 1978 No civil court shall have jurisdiction-
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in the electoral roll for a municipality; or
(b) to question the legality of any action taken by or on behalf of the election authority under this Act.
Sec. 21 first subs, by W.B. Act 16 of 1966. Then. sec. 21 faced some amendments by W.B. Act 2 of 1975. Thereafter, existing sec. 21 and secs. 21A to 21J subs, for previous sec. 21 by W.B. Act 34 of 1978 The State Government shall, by notification, appoint an election authority for every municipality for the purposes of this Act and may also appoint such number of assistant election authorities as the State Government may think fit to perform such functions of the election authority under this Act or the rules made thereunder as the election authority may delegate in this behalf and an assistant election authority shall, while performing such functions, be deemed to be an election authority for the purposes of this Act.
Sec. 21 first subs, by W.B. Act 16 of 1966. Then. sec. 21 faced some amendments by W.B. Act 2 of 1975. Thereafter, existing sec. 21 and secs. 21A to 21J subs, for previous sec. 21 by W.B. Act 34 of 1978 If any person makes in connection with-
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral roll,
(1) A person shall not be eligible for election or appointment as a Commissioner if such person-
(a) has been adjudged by a competent court to be of unsound mind ; or
(b) is under twenty-one years of age ; or
(c) is an undischarged insolvent; or
(d) being a discharged insolvent, has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
(e) is a municipal officer or servant or holds any office of profit under the Commissioners; or
6565. Clause lee) ins. by W.B.Act 7 of1986. (ee) has been elected to any other municipality or any Municipal Corpor
(1) No person shall be qualified to be elected a Commissioner of a municipality, 7474. Words subs, for the words "who is not entitled to vote at an election" by W.B. Act 7 of 1969. [whose name is not included in the electoral roll for the election] of Commissioners of such municipality.
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.-(1) The first general election of Commissioners of a municipality shall be held under the provisions of this Act at such time as the 77[State Government] may prescribe78* * * * *. 79Explanation.-In this section the expression 'first general election' shall include the first general election held after the commencement of the Bengal Municipal (Amendment) Act, 1962.
(2) The "[State Government) may issue such orders as it may consider necessary to give effect to the provisions of this Act in regard to the holding of the first general election referred to in sub-section (1) and in regard to any matter incidental and ancillary thereto.
(3) General elections of Commissioners shall take place 8080. Words, figures and brackets subs, for the words "every year" by W.B. Act 27 of 1955. [before the e
Sec. 24A ins. by W.B. Act 18 of 1961.
(a) If, for any reason, the general election of the Commissioners of a municipality cannot be held within the period referred to in section 24, or
(b) if a general election is set aside by a Court otherwise than under the provisions of this Act, then the State Government shall fix a date for holding a general election or a fresh general election, as the case may be.
Sec. 24B ins. by W.B. Act 27 of 1955.
(1) Where the Commissioners elected at a general election are restrained from functioning or the election as a whole is set aside, by order of a Court, anything done or any action taken by the said Commissioners before they are so restrained or before the election is so set aside, as the case may be, shall be deemed to have been validly done or taken.
(2) Where the Commissioners have continued in office after the expiry of the term referred to in section 24 8686. Words, figures and brackets ins. by W.B. Act 51 of 1980. [or sub-section(2) or sub-section(3) of section 161 on account of-
(a) a general election not having taken place within the time referred to in t
(1) On or before the date fixed for the nomination of candidates, each candidate for election as a Commissioner shall deposit with the Chairman 8787. Words ins. by W.B. Act 10 of 1982. [or the District Magistrate or the Magistrate-in-charge of the sub-division) the sum of rupees one hundred in cash and no candidate shall be deemed to be duly nominated unless such deposit has been made:
Provided that the 8888. Words "Provincial Government" first subs. for the words "Local Government" by the Government of IndialAdaptation of Indian Laws) Order, 1937, and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may reduce the amount of deposit to fifty rupees in the case of such municipality as it thinks fit.
Sec. 25A ins. by Ben. Act 11 of 1936. Where a person who has been elected to be a Commissioner was not eligible for election on account of a disqualification mentioned in section 22, the election of such person shall be void upon the 8888. Words "Provincial Government" first subs. for the words "Local Government" by the Government of IndialAdaptation of Indian Laws) Order, 1937, and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] making a declaration to that effect:
Provided that such a declaration shall not be made if the question whether such person was so disqualified was raised in a petition under section 36 and decided on its merits or if such a petition, in which the question is raised, is pending disposal.
(2) No
If the electorate in any municipality fails within the prescribed time to elect the number of Commissioners to be elected in accordance with the provisions of sections 16 9191. Figures "17" om. by W.B. Act 11 of 1947. [ ***] 9292. Word and figures "or 18" om. by W.B. Act 22 of 1962. [ ***] a date shall be fixed by the District Magistrate for another election and in case the electorate still fails to elect the number of Commissioners at such second election the 9393. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India(Adaptation of Indian Laws) Order, 1937, and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may appoint Commissioners to complete that number. 9494. Words ins. by W.B. Act 11 of 1947. [Any person so appointed shall be deemed to be duly elected Commissioner.]
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'The manner of holding elections shall be prescribed by rules made under this Act:
Provided that-
(i) when a poll is taken at any election of a Commissioner the voting at such election shall be by ballot to be conducted in the manner prescribed, and
(ii) no person shall be entitled to give more than one vote to any one candidate.
(1) Every person who by claiming a qualification which he knows that he does not possess to vote at a municipal election or by using false documents or by a false declaration or by any other deceitful means procures 9595. Words ins. by Ben. Act 11 of 1936. [or attempts to procure] the improper entry of the name whether of himself or of any other person in the electoral roll, or the improper omission of any name therefrom shall be punished with imprisonment which may extend to 9696. Words subs. for the words "three months" by W.B. Act 22 of 1979. [one year] or with fine or with both.
(2) Every municipal officer or 96a96a. Word subs. for the word "servant" by W.B. Act 51 of 1980. [employee] or polling officer who wilfully makes or procures 9797. Words ins. by Ben. Act 11 of 1936. [or attempts to make or procure] any improper entry in the
(1) A person shall be deemed to have committed a corrupt practice who directly or indirectly, by himself or by any other person-
(i) induces or attempts to induce by fraud or coercion any voter to give or refrain from giving a vote in favour of any candidate;
(ii) threatens any candidate or voter, or any person in whom a candidate or voter is interested with injury of any kind with a view to influence him in any way in connection with the election ;
(iii) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or of spiritual censure with a view to influence him in any way in connection with the election;
(1) Every person who applies for a ballot paper at an election having already voted once at the same election and in the same ward or knowing that 9999. Words subs, for the words "he is not qualified to vote thereat" by Ben. Act 11 of 1936. [his name is not included in the electoral roll], shall be punished with imprisonment which may extend to six months or with fine or with both.
(2) Every person who applies for a ballot paper in the name of any other person, living or dead, or of a fictitious person, shall be punished with the same punishment.
Every polling officer, clerk or other person in attendance at the polling station who, except for some purpose authorised by law, communicates to any person any Information showing directly or indirectly for which candidate any voter has voted, and every person who by any improper means procures any such information, shall be punished with imprisonment which may extend to six months or with fine or with both.
Every polling officer who permits a person to vote knowing that such person is not entitled to vote, or who prevents a person from -:oting knowing that such person is entitled to vote, shall be punished with Imprisonment which may extend to six months or with fine or with both.
Every person who in the course of electoral operations falsifies or attempts to falsify the record of an election by removing, destroying, altering or fabricating nomination papers or voting papers or by any other act or by any omission shall be punished with imprisonment which may extend to one year or with fine or with both.
Words subs, for the words "No Magistrate other than a Magistrate" by W.B. Act 51 of 1980. [No Judicial Magistrate other than a Judicial Magistrate] of the first class shall take cognizance of any offence punishable under sections 28 to 33 (both inclusive) nor shall any Magistrate take cognizance of such offence,-
(a) except on the complaint of a person whose name is on the electoral roll, and
(b) unless such complaint has been made within fourteen days of the date of the declaration of the result of any election to which the offence relates, or within seven days of the date on which the offence is alleged to have been committed, and
(c) except in the case of an offence punishable under sections 31 to
Every person convicted of an offence punishable under sections 28 to 33 (both inclusive) 22. Words, brackets and figures ins. by W.B. Act 10 of 1952. [of this Act or of an offence punishable under section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952] shall be disqualified from voting or from being elected in any election to which this Act applies and from holding the office of Chairman, or Commissioner under this Act for such period, not being less than three nor more than six years from the date of his conviction, as the Court may by order determine.
If the validity of any election of a Commissioner is brought in question by any person qualified to vote at the election to which such question refers, such person may, at any time within ten days after the date of the declaration of the result of the election, file a petition before the District Judge of the district within which the election has been or should have been held and shall at the same time deposit fifty rupees in court as security for the costs likely to be incurred:
Provided that the validity of such election shall not be questioned in any such petition-
(a) on the ground that the name of any person qualified to vote has been omitted from the electoral roll; or
(b) on the ground that the name of any person not qualified to vote ha
(1) Where a petition has been filed under section 36 the District Judge, or any judicial officer subordinate to him and not below the rank of a Subordinate Judge {hereinafter referred to in this chapter as the Judge) to whom the District Judge may transfer the petition, may 44. Words subs, for the words and figures "after holding such inquiry in accordance with the prescribed procedure as he deems necessary, and subject to the provisions of sections 38 and 39. pass an order confirming or amending the declared result of the election or setting the election aside." by Ben. Act 11 of 1936. (hold such inquiry in accordance with the prescribed procedure as he deems necessary].
(2) For the purposes of the said inquiry the Judge may summon and enforce the attendance of witnesses and compel them to give evidence as if he were a civil court, an
Sec. 38 renumbered as sub-sec.(1) and sub-sec.(2) ins. by W.B. Act 27 of 1955.
(1) 77. Words and figures subs, for the words 'The Judge, if he is satisfied that" by Ben. Act 11 of 1936. [If the Judge, after holding an inquiry under section 37, is satisfied that]-
(a) a candidate has committed any corrupt practice within the meaning of section 29 for the purpose of the election, or
(b) the election has not been a free election by reason of the general employment of bribery or undue influence as defined in the 88. Words and figures subs, for the words and figures "Indian Election Offences and Inquiries Act. 1920" by W.B. Act 51 of 1980. Representation of the People Act, 19511, or by reason of any form of general intimidation, including any form of
If, in any case to which section 38 does not apply, the validity of an election is in dispute between two or more candidates, the Judge shall, after a scrutiny and computation of the votes recorded in favour of favour of 1111. Word subs, for the words "each such" by Ben. Act 11 of 1936. [each] candidate, declare 1212. Words subs, for the words "the candidate who is found to have the greatest number of valid votes in his favour" by W.B. Act 27 of 1955. [as many of the candidates who are found to have obtained consecutively the largest number of valid votes as there are seats] to have been duly elected. 1313. Words ins. by Ben. Act 11 of 1936. [Every candidate at the election to which the dispute relates shall be deemed to be a party to such dispute] :
Provided that for the purpose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice wa
Sees. 39A and 39B ins. by Ben. Act 11 of 1936. If the Judge after holding an inquiry under section 37 is satisfied that no ground exists for setting aside the election in the manner provided in section 38 or modifying it in the manner
provided in section 39, he shall confirm the election.
Sees. 39A and 39B ins. by Ben. Act 11 of 1936. The decision or order of the Judge under sections 38, 39 or 39A shall be final.
If the Judge sets aside an election under section 38, he may, if he thinks fit, declare any person by whom a corrupt practice has in his opinion been committed within the meaning of section 29 to be disqualified from being a candidate for election in that or any other municipality for a period not exceeding six years, and the Judge's decision shall be final :
Provided, however, that such person may, by an order of the 1616. Words "Provincial Government" first subs, for the words "Local Government" by The Government of India (Adaptation of Indian Laws) Order, 1937, and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government], be at any time relieved from such disqualification.
Where a candidate, who has been elected to be a Commissioner, is declared by the Judge not to have been duly elected, acts done by him in execution of the office before the time when the decision is certified to the Commissioners shall not be invalidated by reason of that declaration.
If an election is set aside by the Judge, a date shall forthwith be fixed and the necessary steps taken for holding a fresh election for filling up the vacancy, as though it has been a casual vacancy.
No election of a Commissioner shall be called in question in any court except under the procedure provided by this Act, and no order passed in any proceeding under sections 36 to 40 (both inclusive), shall be called in question in any court and no court shall grant an injunction-
(i) to postpone an election of a Commissioner, or
(ii) to prohibit a person, declared to have been duly elected under this Act, from taking part in the proceedings of a municipality of which he has been elected a Commissioner, or
(iii) to prohibit the Commissioners formally elected or appointed for a municipality from entering upon their duties.
Sec. 44 renumbered as sub-sec. (I) and sub-sec. (2) Ins. by W.B. Act 51 of 1980.
(1) For the purpose of election of Commissioners the 1818. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, and. thereafter, the word "State" subs, for the word "Provincial by the Adaptation of Laws Order, 1950, [State Government] may, with respect to municipalities generally or to any municipality or class of municipalities, make such rules, as it may think fit, to regulate and determine-
(a) the alteration of-
(i) the boundaries of, and
(ii) the number of Commissioners apportioned to, any ward of a municipality ;
&nbs
(1) The Commissioners of every municipality shall, at a meeting to be held within 2222. Word subs, for the word "twenty-one" by W.B. Act 28 of 1951. |thirty] days from the date of the publication in the 2323. Words subs, for the words "Calcutta Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937. [Official Gazette] of the result of a general election of Commissioners in the municipalities, or 2424. Words subs, for the words "of the names of the persons appointed to be Commissioners, whichever publication may be later" by W.B. Act. ] 1 of 1947. [where Commissioners are appointed within 2222. Word subs, for the word "twenty-one" by W.B. Act 28 of 1951. {thirty) days from the date of publication of the names of the persons appointed], elect by name in the prescribed manner one of their number to be Chairman: 2525. Proviso ins. by W.B. Act 28 of 1951.
&nbs
Sec. 47 rep. by Ben. Act 9 of 1933 which' was as under:- "47. Status of appointed Chairman.-Notwithstanding anything contained in section 15 every Chairman appointed under this Act, if not already a Commissioner of the municipality of which he has been appointed Chairman, shall, from the date of his appointment, during the term of hts office, enjoy all the rights and privileges, and be subject to all the liabilities and disabilities of a Commissioner of the municipality to which such appointment relates, but shall not be reckoned in calculating the proportions of one-fourth and one-fifth under the provisions of sections 16 and 17.". **********
The Commissioners at a meeting shall elect by name in the prescribed manner one of their own number to be Vice- Chairman.
If any dispute arises as to the election of a Chairman or Vice-Chairman the matter shall be referred to the 3232. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India [Adaptation of Indian Laws) Order, 1937. and, thereafter, the word "State" subs, for the word "Provincial by the Adaptation of Laws Order. 1950. [State Government], whose decision shall be final and shall not be questioned in any court.
The names of all persons elected or appointed as Chairman, Vice-Chairman or Commissioners shall be published in the 3434. Words subs, for the words "Calcutta Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937. [Official Gazette].
Sec. 50A ins. by W.B. Act 22 of 1969.
(1)
(a) the election of any Commissioner from any ward of the municipality cannot be held, or
(b) if held, the result of such election cannot be published in the Official Gazette, by reason of the order of a Court or for any other reason, within such time as the State Government considers reasonable, the State Government may, if it thinks fit so to do in the interest of municipal administration, by order, direct that such of the Commissioners of the municipality as have been elected and are able to assume office as Commissioners shall forthwith assume such office:
Provided that no order shall be made under this sub-section unless at least 3838. Sub-sec.(2) first
Words subs, for the words The Chairman" by W.B. Act 27 of 1955. [Save as hereinafter otherwise provided, the Chairman] shall for the transaction of the business connected with this Act, or for the purpose of making any order authorised thereby, exercise all the powers vested by this Act in the Commissioners and, where by any other law power is vested in the Commissioners for any purpose, the Chairman. may transact any business or make any order authorised by that law in the exercise of that power, unless it is otherwise expressly provided in that law: Provided that the Chairman shall not act in opposition to, or in contravention of, any order of the Commissioners at a meeting or exercise any power which is directed to be exercised by the Commissioners at a meeting.
3838. Sub-sec.(2) first subs, by W.B. Act 27 of 1955. then again subs,
The Commissioners at a meeting specially convened for the purpose or the Chairman may delegate to the Vice-chairman or to the holder of any of the other offices referred to 3939. Words, figures and brackets subs, words, figures and brackets "In sub-section(1) of section 73" by W.B. Act 51 of 1980. [sub-sections(2) and (3) of section 6], all or any of the duties or powers of a Chairman as defined in this Act, and may at any time in the like manner withdraw or modify the same:
Provided that in the case of a Chairman appointed under section 46 the delegation of duties or powers to the Vice-Chairman by the Commissioners shall be subject to the approval of the [State Government]:
Provided also that nothing done by the Vice-Chairman which might have been done under the authority of a delegation
The Executive Officer may with the approval of the Commissioners at a meeting delegate all or any of his powers to the holder of any office under the Commissioners.
The Vice-Chairman-
(a) shall, during a vacancy in the office of Chairman or the incapacity or temporary absence of the Chairman, perform any duty and, when occasion arises, exercise any power of the Chairman,
(b) shall, at any time, perform any duty and exercise, when occasion arises, any power delegated to him under section 52.
(1) The Commissioners at a meeting may grant leave of absence to their Chairman or Vice-Chairman for any period not exceeding three months in any one year.
(2) If the Chairman or Vice-Chairman is absent from his duties during any one year for more than the three months allowable by way of leave under this section, he shall be declared by the [State Government] to have vacated his office unless such absence is [sanctioned by the Commissioners at a meeting for reasons to be recorded in writing.]
(1) Except as otherwise provided in this Act-
(a) a Commissioner,4242. Words "whether elected or appointed" om. by W.B, Act 11 of 1947. * * * * * shall hold office for four years commencing from the date of the first meeting of the newly-formed body of
(b) an elected Chairman and a Vice-Chairman shall, subject to the provisions of section 59, hold office for four years from the date of his election and an appointed Chairman shall subject to the provisions of section 59 hold office for such period not exceeding four years as the 4343. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, and, thereafter, the word "State" subs, for the word "Provincial by the Adaptation of Laws Order, 1950. [State Govern
Sec. 5GA Ins. by W.B. Act 22 of 1969. 5151. Sub-sec. (1) subs, by W.B. Act 51 of 1980 which was earlier as under:- "(1) Where after the expiry of the term of office of the Commissioners of a municipality under sub-section (1) or sub-section (5) of section 56. the State Government is of opinion that by reason of the order of a Court or for any other reason, there is no likelihood of a new body of Commissioners being formed within a reasonable time to take over municipal administration, the State Government may. if it thinks fit so to do in the public interest, by order, appoint a Committee consisting of the same number of members as the Commissioners of the municipality to take charge of the administration of the affairs of the municipality in accordance with the provisions of this Act and the rules and the by-laws made thereunder.".
(l)
(1) Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected or appointed to be a Commissioner shall before taking his seat make 5454. Words Ins. by W.B. Act 25 of 1950. [and subscribe], 5555. Words and brackets "in presence of the other Commissioners (or such number of them as would be sufficient to form a quorum at a meeting) assembled for a meeting of which notice has been given" first subs, for the words "at a meeting of the Commissioners" by Ben. Act 11 of 1936. then the words within third brackets subs, for the words and brackets, "in presence of the other Commlssionersfor such number of them as would be sufficient to form a quorum at a meeting) assembled for a meeting of which notice has been given" by W.B. Act 23 of 1965. [before the Chairman, the Vice-Chairman, the District Magistrate, the Magistrate-in-charge of the sub-division in which the municipality is situated or an officer
(1) If the election of any Commissioner 6767. Words subs, for the words "is not set aside" by Ben. Act 9 of 1933. [is set aside] under the provisions of sections 38 and the Judge does not declare that person to be disqualified for the purpose of such fresh election as may be held under section 42, the said person shall be eligible for re-election in the vacancy so caused.
(2) If the election of any Commissioner is set aside under the provisions of sections 38 and the Judge declares that person to be disqualified for the purpose of such fresh election as may be held uitder section 42, or if any Commissioner, Chairman or Vice-Chalrman is by reason of his death, resignation or removal or by reason of his seat becoming vacant under the provisions of section 55 or section 57 unable to complete his full term of office, or if a Chairman or Vi
(1) Notwithstanding anything contained in section 56, a Chairman and a Vice-Chairman shall be deemed to have vacated office as soon as the newly-formed body of Commissioners has assembled at the meeting held under the provisions of sub section (1) of section 45.
(2) The Commissioners assembled shall thereupon appoint one of their number to preside at the meeting and shall proceed to elect a Chairman and a Vice-Chairman:
Provided that if the Commissioners at the meeting fail to elect a Chairman, the Chairman of the outgoing body of Commissioners shall thereafter resume office and continue to hold the same until the new Chairman is elected or appointed.
(1)An appointed Chairman may resign by notifying in writing his intention to do so to the 6868. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws} Order. 1937, and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government], and on such resignation being accepted shall be deemed to have vacated his office.
(2) An elected Chairman may resign by laying notice in writing of his intention to do so before the Commissioners at a meeting.
(3) A Vice-Chairman or Commissioner may resign by notifying his intention to do so to the Chairman, who shall forthwith lay such notice before the Commissioners at a meeting.
&n
(1)The 6868. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws} Order. 1937, and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may at any time remove a Chairman appointed by it.
6969. Sub-sec. (2) subs. by W.B. Act 27 of 1955 which was earlier as under;- "(2) An elected Chairman and a Vice-Chairman may at any time be removed from his office by a resolution of the Commissioners in favour of which not less than two-thirds of the whole number of the Commissioners have given their votes at a meeting specially converted for the purpose.".
(2) An elected Chairman or Vice-Chairman may at any time be removed from his office by resolution of the Com
(1) The 7676. Words subs, for the words "not less than two-thirds of the whole number of Commissioners of the municipality." by W.B. Act 51 of 1980. [State Government] may remove an elected Commissioner on the ground of misconduct In the discharge of his duties if the removal is recommended by a resolution of the Commissioners passed at a special meeting called for the purpose and supported by the votes of 76[a majority of the total number of Commissioners of the municipality holding office for the time being.]
(2) The 7575. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India )Adaptation of Indian Laws) Order, 1937, and, thereafter, the word "State" subs, for the word "Provincial by the Adaptation of Laws Order. 1950. [State Government] may remove any Commissioner-
(1) A Commissioner who has been removed from his office under sub-section (1) or under clause(a) 62 **** 8383. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government].
(2) A Commissioner who has been removed from his office in any municipality under clauses(c), (d), (e) or (f) of sub-section (2) of section 62 shall not be elected or re-elected a Commissioner of that municipality within the period of three years from the date of his removal.
(3) A Chairman 8484. Words ins .by W.B. Art 28 of 1951. [or a Vice-Chairman] in respect of whom a f
Sec. 64 subs, by W.B. Act 51 of 1980 which was earlier as under:- "64. Travelling expenses of Chairman, Vice-Chairman and Commissioner.- The Commissioners at a meeting may. from time to time, in accordance with rules framed by the State Government pay out of the Municipal Fund to the Chairman or Vice-Chairman. or a Commissioner such travelling expenses as may be incurred in performing journeys for carrying out the purposes of this Act.". Out of the municipal fund-
(a)
(i) the Chairman and the Vice-Chairman shall be paid a monthly allowance,
(ii) the Chairman shall be paid a sumptuary allowance, and
(iii) each Commissioner, other than the Chairman and the Vice- Chairman, shall be paid an allowance for
Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may make rules-
(a) prescribing the manner of holding the election of the Chairman and Vice-Chairman, and
(b) regulating the payment of travelling expenses to the Chairman, Vice-Chairman or a Commissioner 8787. Words ins. by W.B. Act 51 of 1980. [and monthly or other allowances to the Chairman, Vice-Chairman and the Commissioners and of sumptuary allowance in the Chairman]
Secs. 66 and 66 Asubs. for previous sec. 66 by W.B. Art 51 of 1980. Previous sec. 66 was as under:- "66. Appointment of subordinate officers.-(I) The Commissioners at a meeting may, subject to the provisions of this Act and the rules made thereunder from time to time, determine what officers and what servants of the Commissioners are necessary for the municipality and may fix the salaries and allowances to be paid and granted to such officers and servants: Provided that- (a) no post of any officer or servant shall be created or abolished or the salaries or allowances for such post be fixed or revised, or (b) no special pay or allowance, or other remuneration which are not admissible under any rules or orders having the force of law nor any ex-grutia payment under any description whatsoever, shall be granted or made to-any officer or servant, by the Commissioners without the prior sanction of the State Government: Provided fur
Section 66 of the Bengal Municipal Act, 1932, delineates the powers and procedures related to the appointment, dismissal, and management of municipal officers and servants. It plays a crucial role in defining the administrative framework and the delegation of authority within municipal governance.
Note: The analysis is based on the provided sources, emphasizing judicial interpretations and procedural principles relevant to Section 66 of the Bengal Municipal Act, 1932.
Sees. 66 and 66A subs, for previous sec. 66 by W.B. Act 51 of 1980. Notwithstanding anything contained elsewhere in this Act, the State Government may if it considers necessary for the purpose of rationalising the pay-scale and other terms and conditions of service including leave, retirement benefits, in respect of all or any category of municipal officers and employees, appoint a Pay Review Committee and the decision of the State Government upon the recommendations of such Committee shall be binding on the Commissioners of all municipalities.
Sec. 67 first subs, by W.B. Act 27~of 1955. then om. by W.B. Act 51 of 1980. Sec. 67 was as under:- "67. Appointment of Executive Officer, Secretary, etc., on requisition by Government.- (1) Notwithstanding anything contained in section 66. the State Government may. after consulting the Commissioners, if it thinks necessary so to do In the public interest, require the Commissioners of any municipality to appoint at a meeting, within such time as may be specified by the State Government, all or any of the following officers :- (a) an Executive Officer. (b) a Secretary. (c) an Engineer. (d) a Health Officer, and (e) one or more Sanitary Inspectors. C2J An officer appointed under sub-section (1) shall be of such class or possess such qualifications as may be prescribed and shall be paid out of the Municipal Fund such salary and allowances, if any. as the Commissioners at a meeting, subject to the approval of the State Government
**********
Sub-sec, (1) subs, by W.B. Act 51 of 1980, which was earlier as under:- "(1) The Executive Officer shall be the principal executive officer of the Commissioners and all other officers and servants of the Commissioners shal) be. subordinate to him. He shall have the same right of being present at a meeting of the Commissioners or of any standing or special committee, and of taking part in the discussions thereat as if he were a Commissioner or a member of such committee and with the consent of the Chairman or the president of the meeting, as the case may be, he may at any time make a statement or explanation of facts. but he shall not vote upon, or make, any proposition at such meeting.".
(1) The Executive Officer shall be the principal executive officer of the Commissioners and all officers and the employees of the Commissioners shall be subordinate to him. He may be required to b
(1) The Commissioners, at a meeting specially convened for the purpose, by a resolution in favour of which not less than two- thirds of the Commissioners present and voting at such meeting shall have voted, may, subject to the approval of the 9595. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937. and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government], make rules-
(a) for the granting of pensions, gratuities and bonuses out of the Municipal Fund ;
(b) for the granting of compassionate allowances and gratuities to members of the families of deceased municipal officers and 9696. Words subs, for the word "servants" by W.B. Act 51 of 1
(1) The Commissioners shall contribute to the pension, gratuities and allowances of any 9999. Blank. [employee] whose services are lent or transferred by 11. Words subs, for the word "Government" by the Government of India (Adaptation of Indian Laws) Order, 1937. [any Government] to the Commissioners.
(2} Such contribution shall be to the extent prescribed by 22. Words subs, for the words "the rules of Government Civil Pension and Leave Codes" by the Government of India (Adaptation of Indian Laws) Order, 1937. [the conditions of service under which the officer is serving the 33. Word subs, for the word "Crown" by the Adaptation of Laws Order. 1950. (Government)].
Words subs, for the words "A methor or other servant" by W.B. Act 51 of 1980.
(1)[An employee] of the Commissioners to remove or deal with sewage, offensive matter or rubbish shall not withdraw from his duties without the permission of the Commissioners, unless he has given notice in writing not less than one month previously of his intention so to withdraw.
(2) 55. Words subs, for the words "Any metlwr or other such person" by W.B. Act 51 of 1980. [An employee referred to in sub-section(1 )] who withdraws from his duties without giving such notice as aforesaid shall be liable to rigorous imprisonment for a period which may extend to one month or to fine not exceeding fifty rupees or both and shall forfeit all salary which may be due to him.
(1) No person shall be eligible for employment as a municipal officer 88. Words subs, for the words "or servant" by W.B. Act 51 of 1980. [or other employees] if he has, directly or indirectly by himself or his partner or employer or employee, any share or interest in any contract or employment with, by, or on behalf of the municipality.
(2) If any municipal officer 88. Words subs, for the words "or servant" by W.B. Act 51 of 1980. [or other employees] acquires, directly or indirectly as aforesaid, any such share or interest otherwise than as such officer 88. Words subs, for the words "or servant" by W.B. Act 51 of 1980. [or other employees] he shall cease to be a municipal officer or servant and his office shall become vacant from the date on which he is removed from office by the authority which appointed him ; and he shall also be li
Sec. 73 om. by W.B. Act 51 of 1980 which was as under:- "73. Indebtedness.-(I) A person shall not be eligible for the office of Executive Officer. Secretary, Engineer. Health Officer. Superintendent of Waterworks, Sanitary Inspector. Tax- Collector, Accountant or Overseer of a municipality if he is seriously in debt. (2) If any question arises as to whether any person Is seriously in debt within the meaning of sub-section (I), it shall be decided- (a) in the case of a candidate for any office mentioned in sub-section (1), appointment to which is subject to the approval of the State Government-by the State Government. and (b) in the case of a candidate for any other office mentioned in sub-section (1)-by the authority which makes appointment to such office. (3) If any person holding any of the offices mentioned in sub-section (1) is found, by the authorities respectively referred to in sub-section (2), to be seriously in debt,
Sec. 74 om. by W.B. Act 51 of 1980 which was as under:- "74. Relationship of candidates for employment in the municipality,-Every person applying for employment In a municipality shall, if he is related by a blood relationship to, or is closely connected by marriage with, the Chairman. Vice-Chairman or any Commissioner. or any of the officers mentioned in sub-section (1) of section 73, notify in writing the fact and the nature of such relationship or connection to the authority making the appointment before the appoinment is made, and In default thereof the appointment, if made, shall be deemed to be Invalid.". **********
Sec. 75 subs, by W.B. Act 51 of 1980 which was earlier as under:- "75. Power to Commissioners to make rules.-The Commissioners at a meeting may, subject to the sanction of the State Government, make rules as to- (I) the duties, appointment, leave, fining, suspension and removal of municipal officers and servants; (ii) the nature and amount of security to be furnished by different classes of municipal officers or servants for the proper discharge of their duties: Provided that the age of superannuation of municipal officers and servants shall be such as may be prescribed by the State Government and no officer or servant after retirement shall be re-employed In any post without the prior sanction of the State Government.". The Commissioners at a meeting may, subject to the sanction of the State Government, make rules as to-
(i) the duties, appointment and leave of municipal officers
Sec. 75Alns. by W.B. Act 13 of 1992. Notwithstanding anything contained in this Chapter or elsewhere in this Act or in any rules made thereunder, the age of superannuation of municipal officers and other employees shall, with effect from such date as may be fixed by the State Government by notification, be determined by the State Government and no such officer or employee shall, with effect from the said date, be re-employed after retirement in any post without the prior sanction of the State Government.
Words "Provincial Government" first subs, for the words "Local Government" by the Government of India [Adaptation of Indian Laws] Order, 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may make rules- 1515. Clause (a1) first Ins. by W.B. Act 27 of 1955, then om. by W.B. Act 51 of 1980 which was as under:- "(a 1) prescribing the qualifications of candidates for appointment as Executive Officers and the terms and conditions of service of such officers;". * *********
(a) prescribing the qualifications of candidates for employment by the Commissioners 1616. Words subs, for the words "as Engineers" by W.B. Act 51 of 1980. [as Executive Officers, Secretaries, Office Superintendents, Engineers], Health Officers, Superintendents of Waterworks. Sanitary Inspectors, Assessors, Accountants, Overseers, female med
Word "Ordinary" om. by W.B. Act 51 of 1980.
(1) The Commissioners shall meet for the transaction of business at their office, at least once in every month, and as often as a meeting shall be called by the Chairman, or, in his absence, by the Vice-Chairman: 2323. Proviso ins. by W.B. Act 51 of 1980.
Provided that seven days' notice shall be necessary for a meeting.
(2) If there shall be no business to be laid before the Commissioners at any monthly meeting, the Chairman shall, instead of calling the meeting, give notice of the fact to each Commissioner three days before the date which is appointed for the monthly meeting.
(1) The Chairman, or, in his absence, the Vice-Chairman, shall call a special meeting of the Commissioners on a requisition signed by not less than one-third of the number of Commissioners of the municipality.
(2) If the Chairman or Vice-Chairman fails to give notice of a special meeting to be held within fifteen days after such requisition has been made, the meeting may be called on seven days' notice by any three of the Commissioners of the municipality.
The Chairman, or, in his absence, the Vice-Chairman, shall preside at every meeting, and, in the absence of both the Chairman and Vice-Chairman, the Commissioners shall choose some one of their number to preside.
(1) All questions which may come before the Commissioners at a meeting shall be decided by a majority of votes, questions unless otherwise provided in this Act.
(2) In case of equality of votes, the person presiding shall have a second or casting vote.
No Commissioner or member of a standing or other committee shall vote on any matter affecting his own pecuniary interest or on any question which regards exclusively the assessment of himself or the valuation of any property in respect of which he Is in any way directly interested or of any property of or for which he is manager or agent or his liability to any tax. rate, toll or fee,
(1) No business shall be transacted at any meeting of the Commissioners unless such meeting has been called by the Chairman or Vice-Chairman, or, under section 45 or section 78, by persons signing a requisition, or under section 45 by the Magistrate, 2525. Words and figures Ins. by W.B. Act 27 of 1955. [or under section 61,] nor except for the election of a person to preside for the purposes of sub-section (3) unless a quorum shall be present.
2626. Sub-sec.(2) subs, by W.B. Act 51 of 1980 which was earlier as under;- ~(2) A quorum shall be, in any municipality in which the Commissioners are more than fifteen, five; in any other municipality, a number being not less than one-third of the total number of Commissioners holding office for the time being: Provided that in cases where the total number of Commissioners holding office for the
A list of the business to be transacted at a meeting and, in the case of a meeting called on a requisition, the terms of the requisition shall be sent to every Commissioner at least three days before the date appointed for the meeting, and no business of which such notice has not been given shall be brought forward at a meeting.
(1) Minutes of the proceedings of all meetings of the Commissioners 2727. Words ins. by W.B. Act 27 of 1955. [In which shall be recorded inter alia the names of all Commissioners present] shall be entered in a book to be kept for the purpose, and shall be signed by the person presiding over the meeting, and such book shall be open to the inspection of the tax-payers. 2828. Clause/MoJ ins. by W.B. Act 27 of 1955.
( la) Whenever at any meeting of the Commissioners a motion or resolution is passed authorising any expenditure or authorising any action leading to or involving expenditure, the names of the Commissioners who vote for such motion or resolution shall be recorded in the minutes.
(2) A copy of the minutes of the proceedings of all meeting
A Commissioner shall have the right to inspect all books 3030. Words ins. by W.B. Act 27 of 1955. [and records] of the municipality at such times as the Commissioners at a meeting may fix for this purpose:
Provided that the Chairman may, for reasons to be recorded by him in writing, direct that any particular book 3131. Words ins. by W.B. Act 27 of 1955. [or record] shall not be inspected without the direction of the Commissioners at a meeting. Standing Committees.
Secs. 86 and 86A subs, for previous sec. 86 by W.B. Act 51 of 1980. Previous sec. 86 was as under- "86. Formation of standing committees.-(1) The Commissioners at a meeting may, from time to time, appoint standing committees and by specific resolution, delegate to, or withdraw from such committees any of their functions, powers and duties and may also from time to time, by like resolution, refer to them for inquiry and report, or for opinion such subjects relating to the powers or duties of the Commissioners, as the Commissioners at a meeting may think fit. (2) Each standing committee shall consist of Commissioners who shall not be less than two-thirds of the whole number of the members of the committee and of such other persons not exceeding one-third in number as the Commissioners at a meeting may, from time to time, by a specific resolution, determine and elect for this purpose. (3) Each such committee shall perform the du
(1) Each Standing Committee shall perform such functions, exercise such powers and discharge such duties of the Commissioners as the Commissioners at a meeting may delegate to it by rules made under clause (f) of section 91.
(2) The Commissioners at a meeting may, from time to time, by specific resolution refer to a Standing Committee for inquiry or report or for opinion such subjects relating to the powers or duties of the Commissioners as the Commissioners may think fit.
(3) All the proceedings of any Standing Committee shall be subject to confirmation or modification by the Commissioners at a meeting, unless the Commissioners at a meeting otherwise direct.
(1) Subject to the prescribed restrictions the Commissioners of any municipality may join with any other local authority m constituting out of their respective bodies a joint committee, for any purpose in which they are jointly interested, and in delegating to any such joint committee any power which might be exercised by the Commissioners or any of the local authorities concerned.
(2) Such joint committee may, from time to time, make rules as to its proceedings, and as to the conduct of correspondence relating to the purpose for which it is constituted.
(1) If a dispute arises between the Commissioners of a municipality and any other local authority on any matter in which they are jointly interested, such dispute shall be referred to the 33IState Government] whose decision shall be final and shall not be questioned in any court: 3434. Proviso ins. by the Government of India (Adaptation of Indian Laws) Order, 1937.
Provided that if the dispute is between the Commissioners and a Cantonment Authority or the Port Authority of a major port, the decision of 3535. Word subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State] Government shall be subject to the concurrence of the Central Government.
(2) If such dispute arises between the Commissioners of two municipalities who hav
(1) The Commissioners at a meeting may, from time to time, by specific resolution, appoint a special committee to inquire into and report upon any matter (to be specified in such resolution) which may arise in connection with any of the powers, functions or duties of the Commissioners and which is not at the time under consideration by a standing committee constituted under section 86.
(2) The provisions of sub-sections (3), (4) and (5) of section 86 shall be deemed to apply to every such special committee, which shall confine its enquiry to the matter specified in the resolution whereby it was constituted.
Notwithstanding anything contained in this Act, the Commissioners at a meeting may associate with any committee appointed under section 89 for such period as they may think fit any person of either sex who is not a Commissioner, but who may, in the opinion of the Commissioners, possess special qualifications for serving on such committee and such persons shall have a right to vote at meetings of the special committee, and shall be deemed to be members thereof for all purposes for such period :
Provided that the number of persons so appointed on any committee shall not exceed one-third of the whole number of the members of such committee. Rales of Business
The Commissioners at a meeting may, subject to the sanction of the 3737. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the. Adaptation of Laws Order, 1950. [State Government], make rules as to-
(a) the time of their meetings, the business to be transacted at meetings and the period of notice of meetings and the manner in which such notice shall be given;
(b) the conduct and control of proceedings at meetings, the due record of all dissents and discussions, and the adjournment of meetings ;
(c) the custody of the common seal;
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(1) No act done or proceeding taken under this Act shall be questioned on the ground merely of-
(a) the existence of any vacancy in or any defect in the constitution of, the municipality or any standing, joint or special committee or any disqualification in less than half of the Commissioners or members of the committee present when the act or proceeding was done or taken;
(b) any Commissioner having voted or taken part in any proceeding in contravention of the proviso to section 62; or
(c) any defect or irregularity not affecting the merits of the case.
(2) Every meeting of the Commissioners, or of any standing joint or special committee, the minutes of t
(1 ) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the 37a37a. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government], the Commissioners shall submit to the 37a37a. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] a report on the administration of the municipality during the preceding year in such form and with such details as the 37a37a. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adap
(1) Whenever, in the opinion of the State Government, it is necessary to make provisions for all or any of the purposes of this Act in respect of-
(i) any area which does not fulfil the conditions for being constituted a municipality under this Act,
(ii) any area which is comprised in a newly-developing town, or
(iii) any area in which new industries have been or are being established, the State Government may, by notification, specifying such area, declare its intention to do so.
(2) Any inhabitant of the area in respect of which a notification has been . published under sub-section (1) may, if he objects to the action intended to be taken,, submit his o
Chapter IIIA containing sees. 93A to 93J ins. by W.B. Act 25 of 1960.
(1) The State Government may, by order to be published in the Official Gazette,-
(i) extend to a notified area with such incidental or consequential modifications as the State Government may consider necessary for giving effect to the provisions of this Chapter-
(a) any provision of this Act which applies to a municipality, or
(b) any rule or by-law in force in any municipality ; and
(ii) appoint for a notified area a Committee consisting of not less than five and not more than nine members, to be known as the notified area Authority, to car
Chapter III A containing secs. 93A to 93J ins. by W.B. Act 25 of 1960.
(1) When any tax is imposed in a notified area under any oi\,he provisions of this Act as extended under sub-section (1) of section 93B, the proceeds of such tax shall be expended in the same manner in which and for the same purposes for which the municipal fund may be expended by a municipality.
(2) When any provision of this Act or any rule or by-law is extended with or without modification to a notified area, such provision or rule or by-law shall, unless a different intention appears, operate as if the notified area were a municipality and as if the powers and duties of the Commissioners of a municipality were vested in the notified area Authority.
Chapter III A containing secs. 93A to 93J ins. by W.B. Act 25 of 1960. The State Government may, at any time, and accordance with the provisions of this Act, by notification,-
(i) constitute the notified area or any part thereof to be a municipality, or
(ii) include the notified area or any part thereof within a municipality.
Chapter III A containing secs. 93A to 93J ins. by W.B. Act 25 of 1960.
(1) When the whole of a notified area is constituted to be a municipality, the notified area shall cease to exist and the properties, funds and other assets vested in the notified area Authority and all the rights and liabilities of such Authority shall vest in and devolve on the municipality.
(2) When a part of a notified area is constituted to be, or is included in, a • municipality, such part shall be deemed to have been excluded from the area specified in the notification issued under clause (b) of sub-section (3) of section 93A and so much of the properties, funds and other assets vested in the notified area Authority and such of the rights and liabilities of such Authority as may be allocated by the State Governmen
Chapter III A containing secs. 93A to 93J ins. by W.B. Act 25 of 1960. The notified area Authority shall, for purposes of section 6 of the West Bengal Panchayat Act, 4343. Figures subs, for the figures "1956" by W.B. Act 51 of 1980. [1957] be deemed to be a Town Committee.
Chapter III A containing secs. 93A to 93J ins. by W.B. Act 25 of 1960. 4444. Sec. 93G renumbered as sub-sec. (1) and sub-sec (2) ins. by W.B. Act 20 of 1981.
(1) The notified area Authority may, subject to the approval of the State Government, appoint such officers and 4343. Figures subs, for the figures "1956" by W.B. Act 51 of 1980. [employees] as may be necessary for the purpose of giving effect to the provisions of this Chapter.
4444. Sec. 93G renumbered as sub-sec. (1) and sub-sec (2) ins. by W.B. Act 20 of 1981.
(2) Notwithstanding anything contained in this section or in any other provision elsewhere in this Act. any officer or employee appointed by any Notified Area Authority without the approval of the State Government, before the 31st
Chapter III A containing secs. 93A to 93J ins. by W.B. Act 25 of 1960. If any difficulty arises in giving effect to the provisions of this Chapter or the rules made thereunder, the State Government may take such steps or issue such orders not inconsistent with the said provisions as may be necessary for the removal of the difficulty.
The State Government may by order vest the notified area Authority with such powers and duties exercisable by any other authority within the whole or any part of the notified area under any local or special law as the State Government thinks fit.
(1) The State Government may, by notification In the Official Gazette, make rules for carrying out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the qualifications for appointment of the members of the notified area Authority and the manner of filling casual vacancies among such members;
(b) the term of office of the members, the Chairman and the Vice-Chairman of the notified area Authority ;
(c) the number of members necessary to constitute a quorum at a meeting of the notified area Authority ; and
&
The Commissioners of a municipality may acquire by gift, purchase or otherwise and hold property whether movable or immovable within or without the limits of the municipality.
(1) All property within the municipality of the nature hereinafter in this section specified, other than property maintained [by the Centra or the State Government) or another local authority, shall vest in and belong to the Commissioners, and shall, with all other property of whatsoever nature or kind which may become vested in the Commissioners, be under their direction, management and control, that is to say-
(a) all public streets, including the soil, the pavements, stones and other materials thereof and all drains, bridges, culverts, trees, erections, materials, implements and other things provided for such streets ;
(b) all public channels, water courses, springs, tanks, ghats, reservoirs, cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps, and other waterworks, whether made,
The Commissioners at a meeting may agree with the person in whom the property in any street, bridge, tank, ghat, well, channel or drain is vested to take over the property therein or the control thereof, and after such agreement may declare by notice in writing put up thereon or near thereto, that such street, bridge, tank, ghat, well, channel or drain has been transferred to the Commissioners. Thereupon the property therein or the control thereof, as the case may be, shall vest in the Commissioners and such street, bridge, tank, ghat, well, channel or drain shall thenceforth be repaired and maintained out of the Municipal Fund.
(1) Any hospital, dispensary, school, library, museum, rest-house, ghat or market within a municipality, not being private property or the property of a religious institution or society, and all furniture and other articles appertaining thereto, not being such property, may, by order of the 48a48a. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] duly published on the spot, be vested in the Commissioners of the municipality ; and thereupon all endowments or funds belonging thereto shall be transferred to, and vested in, such Commissioners as trustees for the purposes to which such endowments and funds were lawfully applicable at the time of such transfer:
&
(1) When any land, whether within or without the limits of a municipality, is required-
(a) for the purposes of the Act, or
(b) for the recoupment of the cost or any portion of the cost of carrying out any such purpose, 5151. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation oflndlan Laws) Order. 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may, at the request of the Commissioners at a meeting, proceed to acquire it under the provisions of the Land Acquisition Act, 1894.
(2) Before requesting the 51 [State Government] to acquire land for the purposes refe
(1)In any case in which the 5252. Words subs, for the word "Commissioners by W.B. Act 51 of 1980. [Commissioners at a meeting] propose to acquire any land for the recoupment of the cost of carrying out any of the purposes of this Act, the owner of the land or any person having an interest therein greater than a lease for years having seven years to run may make an application to the 5252. Words subs, for the word "Commissioners by W.B. Act 51 of 1980. [Commissioners at a meeting] requesting that the acquisition of the land be abandoned in consideration of the payment by such person of a fee to be fixed by the 5252. Words subs, for the word "Commissioners by W.B. Act 51 of 1980. [Commissioners at a meeting] in that behalf.
(2) The Commissioners shall admit every such application if it reaches them before the time fixed by the Collector
When an agreement has been executed by any person in pursuance of sub-section (6) of section 99 in respect of any land, and any money payable in pursuance of that section is not duly paid, the same shall be recoverable by the Commissioners (together with interest up to the date of realization, at a rate not exceeding seven per cent per annum), under the provisions of this Act; and, if not so recovered, the Commissioners may, after giving public notice of their intention to do so, and not less than one month after the publication of such notice, sell the Interest of the said person or successor in such land by public auction, and may deduct the said money and the expenses of the sale from the proceeds of the sale, and shall pay the balance (if any) to the defaulter.
If any land in respect of which an agreement has been executed, or a payment has been accepted in pursuance of subsection (6) of section 99 be subsequently required for any of the purposes of this Act, the agreement or payment shall not be deemed to prevent the acquisition of the land in pursuance of a fresh declaration published under section 6 of the Land Acquisition Act, 1894. Power to purchase, sell, lease or exchange.
Sec. 102 subs, by W.B. Act 16 of 1966 which was earlier as under:- "102. Power to purchase, lease and sell lands.- The Commissioners at a meeting may purchase, take on lease or otherwise acquire any land for the purpose of this Act, and may sell, lease, exchange or otherwise dispose of any land not required for such purposes or which they have acquired for purposes of recoupment.". 5454. Sec. 102 renumbered as sub-sec( 1) and sub-sec.(2) ins by W.B. Act 51 of 1980. (1) Commissioners at a meeting may-
(a) purchase, take on lease or otherwise acquire any land for the purposes of this Act,
(b) sell, lease, exchange or otherwise transfer-
(i) any land which they have acquired for the purposes of recoupm
The Commissioners at a meeting may transfer to the State Government any public street or part of a public street which is vested in and belongs to the Commissioners on such terms and conditions as may be agreed upon between the State Government and the Commissioners. Contracts and liabilities.
(1) The Commissioners may enter into and perform any necessary for the purposes of this Act
.
(2) Every contract made on behalf of the Commissioners in respect of any sum exceeding 5757. Words subs, for the words "two hundred rupees" by W.B. Act 27 of 1955. [five hundred rupees], or which shall involve a value exceeding 5757. Words subs, for the words "two hundred rupees" by W.B. Act 27 of 1955. [five hundred rupees], shall be sanctioned by the Commissioners at a meeting and shall be in writing, and signed by at least two of the Commissioners, one of whom shall be the Chairman or Vice-Chairman, and shall be sealed with the common seal of the Commissioners :
"Provided that in the case of a municipali
Sec. 104 om. by W.B. Act 27 of 1955 which was as under:- " 104. Personal liabilities of Commissioners.-(1) A person shall be- (I) liable for the loss or waste of any money or other property belonging to or under the control of. the Commissioners, if such loss or waste Is a direct consequence of his misconduct while Chairman. Vice-Chairman or Commissioner : and (It) liable for any expenditure made from the Municipal Fund contrary to law, where such Illegal payment has been authorized by him while Chairman. Vice-Chairman or Commissioner, provided that the Local Government may. In Its discretion, for reasons to ue stated in writing, condone any such illegal payment. (2) In any such case of - (i)loss or waste, and (ii) misapplication where such misapplication has not been condoned by the Local Government, a suit for compensation may be instituted by the Commissioners, In pursuance of a decision at a meeting. Explanation.-The inst
There shall be constituted for each municipality a fund to be called the Municipal Fund and there shall be placed to the credit thereof-
(a) all sums received by or on behalf of the Commissioners under this Act or otherwise ;
6262. Clause (b) om. by the Government of India (Adaptation of Indian Laws) Order. 1937. Clause (b) was as under:- "(b) alf fines realized on conviction under the provisions of this Act or the rules of by-laws made thereunder or section 34 of the Police Act 1861, under the Prevention of Cruelty to Animals Act, 1920. the Bengal Vaccination Act 1880, the Bengal Food Adulteration Act, 1919, or under any other Act wherein or whereunder provisions is made for the credit of flne to the municipality;".
(b)**********
Words "unless the State Government otherwise directs," om. by W.B. Act 51 of 1980. * * * * * *all sums received on account of the Municipal Fund shall be paid into a Government treasury, or into any bank 6464. Words 'used as a Government treasury" om. by W.B. Act 51 of 1980. ******in or near to the municipality, and shall be credited to an account to be called the account of the municipality, to which they belong: Provided that the Commissioners may invest any moneys not required for immediate use'either in Government securities or in any other form of security which may be approved of by the 6565. Words "Provincial Government" flrst subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs, for the word 'Provincial" by the Adaptation of Laws Order, 1950. [State Government] or in fixed deposit in the 6666. Words subs, for the words "Imperia
Except as is otherwise provided in this Act, the Commissioners shall set apail and apply annually out of the Municipal Fund-
(a) firstly, such sum as may be required for the repayment of, and the payment of interest on, any loan Incurred under the provisions of the Local Authorities Loans Act. 1914;
(b) secondly, such sum as is required for the discharge of the liabilities and obligations arising from any trust legally imposed upon or accepted by the Commissioners ;
(c) thirdly, such sums as they are by this Act required to provide for payment of the salaries and allowances of their own establishment, including such contributions as are referred to in section 70;
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Words and figures "Subject to the charges specified in section 107. and" om. by W.B. Act 51 of 1980. * ****** subject to the payment of other sums, charges and costs necessary for carrying this Act into effect or duly directed or sanctioned for payment from the Municipal Fund by or under any of the provisions of this Act other than the provisions of this section or under any other enactment for the time being in force, the Commissioners at a meeting may apply the Municipal Fund to any of the following purposes within the municipality, that is to say-
(i) the construction, diversion, maintenance and improvement of streets, tramways, bridges, squares, gardens, tanks, ghats, wells, channels. drains, latrines and urinals;
(ii) the watering and cleansing of streets ;
&
Notwithstanding anything contained in section 108, the Commissioners at a meeting may, with the sanction of the BB[State Government]-
(a) incur expenditure beyond the limits of the municipality-
(i) in the acquisition of land, or
(ii) in the construction, maintenance or repair of works, for the purpose of obtaining a supply of water or of lighting required for the inhabitants of the municipality or for establishing places for the disposal of the dead or of establishing slaughter-houses or places for the disposal of night-soil or sewage or carcasses of animals beyond the said limits or for drainage works or for dairy-farms and grazing- grounds or for any other purpose calculated to promote the health, safety or convenience of the inhabitants of t
The [State Government] or any local authority may, at any time with the 8989. Words subs for the words "consent of the Commissioners" by or W.B. Act 51 of 1980. [consent of the Commissioners at a meeting,] transfer to them the management of any institution or the execution of any work not provided for by this Act and it shall thereupon be lawful to the Commissioners to undertake the management of such institution or the execution of such works :
Provided that in every such case the funds necessary for such management or execution shall be placed at their disposal by the 88[State Government] or by the local authority concerned.
Notwithstanding anything contained in section 108-
(1) all moneys collected, received or recovered by the Commissioners, 9090. Words "or fines" first om. by the Government of India (Adaptation of Indian Laws) Order, 1937, then again the words "whether as taxes or for the execution of works, for or" om. by W.B. Act 51 of 1980. * ***** in any respect relating to -
(i) the water-supply ;
(ii) the lighting system ;
(iii) the cleansing of private latrines, urinals and cess-pools and conservancy; shall 9191. Words ". after deduction of such proportionate share of the cost of collection and supervision as the Commissioners at a meeting may fix." om. by W.B. Act 51 of 1980. ******* be applied in defraying the
Sec. 112 subs, by Ben. Act 11 of 1936 which was earlier as under:- "112. Annual estimates to be prepared.- (I) The Commissioners shall have prepared and laid before them at a meeting specially convened for the purpose at least three months before the close of the year, a complete account of the actual and expected receipts and expenditure for that year together with a budget estimate of the income and expenditure of the municipality for the next year. (2) Subject to the provisions of section 116. the Commissioners shall, at such meeting, decide upon the appropriations and the ways and means contained in the budget estimate and. by resolution, sanction a budget which shall be submitted to the Local Government or to such officer or officers as the Local Government may by order direct in this behalf. (3) Subject to the like provisions, the Commissioners may vary or alter from time to time, as circumstances may render desirable,
Copies of the accounts and estimates referred to in 9393. Words, figures and brackets "sub-section(1); of om. by Ben. Act 11 of 1936. * * * * section 112 and translations thereof in the vernacular of the district shall be lodged in the office of the Commissioners. During fourteen days after the estimates shall have been so lodged in the said office, of which due notice shall be locally published, the estimates and translations in the vernacular of the district shall be open to inspection at all reasonable times by any person paying municipal rates, tolls, fees or taxes to such municipality who may desire to inspect the same. Any written suggestion which may be deposited in the office of the Commissioners shall be recorded and laid before them for consideration 9494. Word, figures and letter subs, for the words "at the next meeting" by Ben. Act 11 of 1936. [at the special meeting referred to in sub-section (1) of section 113A.
Sec. 113A ins. by Ben. Act 11 of 1936. (1)The accounts and estimates referred to in section 112, together
with any written suggestion deposited under section 113, shall be laid before the Commissioners at a meeting specially convened for the purpose t least one month before the close of the year.
(2) Subject to the provisions of section 116, the Commissioners shall, at such meeting, decide upon the appropriations and the ways and means contained in the budget estimate and, by resolution, sanction a budget which shall be submitted to the [State Government] or to such officer or officers as the 9696. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs, for the word "
As soon as may be after the first day of October, a revised budget for the year shall be framed and such revised budget shall, so far as may be, be subject to all the provisions applicable to a budget made under 9898. Words, figures and letter subs, for the word and figures "section 112" by Ben. Act 11 of 1936. [sections 112, 113 and 113A.]
closing balance shown in budget.-In framing a budget the Commissioners shall provide for, the maintenance of such minimum closing balance (if any) as the 9696. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may, by order, prescribe, for the service of municipal loans and for carrying out any duty or obligation specifically imposed upon them under this Act or any other enactment.
Where, in the opinion of the 9696. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government], the condition of indebtedness of any municipality is such as to make the control of Government over Its budget desirable, the 9696. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may, by order declaring that such is the case, direct that the budget of such municipality shall be subject to the sanction of the 98a[State Government] or of the officer to whom it is to be submitted under the provisions of sub-section (2
(1) Where a budget has been passed the Commissioners shall not incur any expenditure under any of the heads of the budget, other than a head providing for the refund of taxes, in excess of the amount passed under that head without making provision for such excess by the variation or alteration of the budget.
(2) Where any expenditure under any head providing for the refund of taxes is incurred in excess of the amount passed under that head, provision shall be made without delay for such expenditure by the variation or alteration of the budget.
No expenditure for any work or for purchase of any material as may be necessary for the purpose of this Act the estimated cost of which exceeds rupees five thousand but does not exceed rupees one lakh shall be made without the approval of the Commissioners at a meeting:
Provided that where the estimated cost of such work or purchase exceeds rupees one lakh, approval of the State Government shall be obtained. III-General Disposal of Municipal Fund and property, on division, union withdrawal or revision of boundaries of municipalities,
When two or more municipalities are united or a municipality is divided or the boundaries of two or more municipalities are revised by a notification under section 8, the Municipal Funds or Fund and all property vested in the Commissioners of the municipalities or municipality concerned shall be consolidated, or apportioned in such manner as the [State Government] may direct.
(1) When a local area is excluded from a municipality by a notification under clause (c) or 22. Words Ins. by W.B. Act 10 of 1982. [or in consequence of an order of any court or otherwise,] the 33. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] shall, after consulting the Commissioners, frame a scheme determining what portion of the balance of the Municipal Fund and other property vested in the Commissioners shall vest in 44. Words "for the purposes of the Province" first subs, for the words "the benefit of the inhabitants of local areas" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter,the words "the State Government" subs, for the words "His Majesty for the purposes of the Pr
Omitted
The 1010. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government) may make rules
(a) to regulate the application of the Municipal Fund to the purposes to which it is applicable ;
(b) to regulate the keeping, checking and publication of accounts and the periodical audit thereof;
(c) to regulate the preparation of the budget estimate and the expenditure of money for purposes provided therein ;
(d) to provi
Chapter IVA containing secs. 122A to 122L ins. by W.B. Act 27 of 1955. (1) The accounts of Municipal Funds shall be examined and audited by an auditor appointed in that behalf by the State Government at such time, to such extent and in such manner as the State Government may prescribe.
(2) An auditor appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
(3) The State Government may direct that the whole or any portion of the cost of audit as determined by it including the salary of the auditor, shall be paid from the Municipal Fund within such time as it may fix.
The Chairman shall produce or cause to be produced to the auditor all such accounts of the Municipal Fund as may be required by the auditor.
Chapter IVA containing secs. 122A to 122L ins. by W.B. Act 27 of 1955. For the purposes of an audit under this Act, an auditor may
(1) require in writing the production before him of any document or the supply of any information which he considers to be necessary for the proper conduct of the audit;
(2) require in writing the personal appearance before him of any person accountable for, or having the custody or control of, any such document or having, directly or indirectly, and whether by himself or his partner, any share or interest in any contract made with, by or on behalf of Commissioners; and
(3) require any person so appearing before him to make and sign a declaration with respect to any such
Chapter IVA containing secs. 122A to 122L ins. by W.B. Act 27 of 1955. (1) Any person who neglects or refuses to comply with a requisition made by an auditor under section 122C, within such time or such extended time as may be specified, shall, on conviction by a Court, be punishable with fine which may extend to one hundred rupees in respect of each item included in the requisition.
(2) No complaint in respect of an offence punishable under sub-section (1) shall be made except with the previous sanction in writing of the State Government.
(3) [No Judicial Magistrate other than a Judicial Magistrate] of the first or second class shall try an offence punishable under sub-section (1).
Chapter IVA containing secs. 122A to 122L ins. by W.B. Act 27 of 1955. (1) Within three months from the date on which an audit under this Act is completed, the auditor shall prepare a report on the accounts audited and shall send the report to the Chairman and a copy thereof to 16[the State Government, provided that in respect of the audit of the accounts of the Municipal Fund of a municipality within the hill areas, a copy of the report shall also be sent to the Council.]
(2) The auditor shall include in the report a statement showing
(a) any material impropriety or irregularity which he may observe in the expenditure" or in the recovery of monies due to the Commissioners or in the accounts of the Municipal Fund ;
&n
(1) Within three months from the receipt of the report referred to in section 122E, the Commissioners at a meeting shall remedy any defect or irregularity pointed out in the report and shall report to the auditor the action taken by them. In their report the Commissioners shall give reasons or explanations for not remedying any defect or irregularity.
(2) If, within the period prescribed in sub-section (1), no report is received from the Commissioners by the auditor or if the reason or explanation given by them for not remedying any defect or irregularity as aforesaid is not considered sufficient by the auditor, the auditor shall, if he has not already exercised or does not propose to exercise the powers conferred upon him by section 122G, submit to the State Government a statement of the facts of the case within such time and in such
Chapter IVA containing sees. 122A to 122Lins. by W.B. Act 27 of 1955. (1)The auditor, after giving the persons concerned an opportunity to submit an explanation within a time to be specified by him and after considering any such explanation, shall disallow every item of account contrary to law and surcharge the same on the person making or authorising the making of the illegal payment and shall charge against any person responsible for the amount of any loss incurred by the negligence or misconduct of that person and shall in every such case certify the amount due from such person:
Provided that the auditor may in his discretion waive the charge in cases where the amount involved does not exceed 16b[two hundred and fifty rupees.]
(2) For the.pu
(1) Any person from whom any sum has been certified by the auditor to be due under section 122G may, within three months from the receipt by him of the certificate,
(a) apply to the District Judge to set aside or modify the disallowance, surcharge or charge in respect of which the certificate was made. and the District Judge after taking such evidence as he considers necessary, may confirm. set aside or modify the disallowance, surcharge or charge and the certificate, and may make such order as to costs as he may think proper in the circumstances ; or
(b) in lieu of making an application under clause (a), appeal to the State Government, who may pass thereon such order as it thinks fit, and such order shall be final.
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(1) The sum certified by the auditor to be due from any person under section 122G or where an application is made under clause (a) of sub-section (1) of section 122H or an appeal is made under clause (b) of that sub-section such sum as may be decreed or ordered by the Court or the State Government to be due from such person shall, within three months of the date of certification, decree or order, as the case may be, be paid by such person to the Commissioners who shall credit the sum to the Municipal Fund.
(2) Any sum not paid in accordance with the provisions of sub-section (1) shall be recoverable as a public demand and the Collector of the district shall, for the purposes of section 4 of the Bengal Public Demands Recovery Act, 1913, be deemed to be the person to whom such demand is payable.
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(1) All expenses incurred by the Commissioners in complying with any requisition of an auditor under section 122C and in prosecuting an offender under section 122D shall be paid from the Municipal Fund.
(2) All costs allowed by the District Judge against an auditor under section 122H, and all expenses incurred by the Collector of the district in connection 17. Chapter IVA containing secs. 122A to 122L ins. by W.B. Act 27 of 1955. with the proceedings for recovery of any sum under sub-section (2) of section 1221 from a person, if not recovered from the person shall be paid from the Municipal Fund.
(3) If the Commissioners fail to pay from the Municipal Fund any costs or expenses referred to in sub-sections (1) and (2) within such period as may be
Chapter IVA containing secs.122A to 122L ins. by W.B. Act 27 of 1955. The Commissioners shall not incur any expenditure in connection with any application or appeal against a surcharge or charge in respect of which a certificate is issued by the auditor without the previous sanction of the State Government.
Chapter IVA containing secs.122A to 122L ins. by W.B. Act 27 of 1955. (1) The State Government may, after previous publication, make rules for carrying out the purposes of this Chapter and matters ancillary thereto.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for
(a) the manner and form in which the accounts of the Municipal Fund shall be maintained ;
(b) the powers and duties of the auditor and the procedure to be followed by him and the time and place at which such audit shall be held ;
(c) the agency by which and the manner in which prosecutions under sub-section (1) of section 122D shall be
Sec. 123 subs. by W.B. Act 51 of 1980 which was earlier as under: "123. Power to impose taxes. (1) The Commissioners may, from time to time, at a meeting convened expressly for the purpose, subject to the provisions of this Act, impose within the limits of the municipality the following rates, taxes, tolls and fees, or any of them : (a) a rate on holdings situated within the municipality assessed on their annual value : (b) a water-rate on the annual value of holdings: (c) a lighting-rate on the annual value of holdings : (d) a conservancy, latrine and drainage rate (hereafter known as the conservancy-rate) on the annual value of holdings: (e) a tax on carriages and on horses and other animals mentioned in Schedule III; (f) a tax on the trades, professions and callings specified in Schedule IV at such rates as may be fixed by the Commissioners within the maximum rates fixed in the said Schedule: (g) a fee on the registration
Sec. 123A ins. by W.B. Act 28 of 1951. The State Government may. by order, exempt from the payment of any rate, tax, toll or fee payable under the provisions of this Act. any diplomatic or consular mission of a foreign State and the diplomatic and consular officers of such mission.
Sec. 123B ins. by W.B. Act 10 of 1982. The Commissioners may at a meeting exempt from the consolidated rate any holding or portion thereof used exclusively for the purposes of public worship or any public burial or burning-ground or other places for the disposal of the dead duly registered under Chapter XX and declared as such by the State Government by notification.
Explanation. The following holdings shall not be deemed to be used exclusively for public worship within the meaning of this section, namely:
(a) holdings in or on which any trade or business is carried on;
(b) holdings in respect of which rent is derived; and
(c) holdings to which the public do not have the right of free access without p
Sec. 124 subs. by W.B. Act 51 of 1980 which was earlier as under: "124. Restrictions on the imposition of the tax on holdings. (I) The rate on holdings shall not be imposed (a) in any municipality included in Schedule V at a rate exceeding fifteen per centum, or in any other municipality at a rate exceeding ten per centum, on the annual value of holdings; (b) on any holding which is used exclusively as a place of worship to which the public have the right of free access without payment or as a mortuary or which is duly registered as a public burial or burning ground under this Act. (2) The Commissioners at a meeting may, either wholly or paritally. exempt from the rate on holdings any holding which is used exclusively for purposes of public charity. (3) Where the aggregate annuat value of all the holdings held by any one owner within a munlciapality does not exceed fifty rupees, the rate on holdings shall not be imposed on an
Sec. 125 om. by W.B. Act 51 of 1980 2525. Sec. 125 om. by W.B. Act 51 of 1980 which was as under: "125. Restrictions on the Imposition of the water and lighting-rates. (1) The imposition of a water-rate or of a lighting-rate shall be subject to the following restrictions, namely.- (a) that the rate shall be imposed only on holding within an area for the supply of water to which or for the lighting of which, as the case may be. a scheme involving the laying of pipes, wires, cables or other similar apparatus has been sanctioned by the State Government: Provided that where the Commissioners (i) distribute water by means of water-carts or other like agency or provide a water-supply, approved by the State Government, by means of welts or tanks or other reservoirs, or (ii) provide acetylene lamps, or such other means of lighting as may be approved by the State Government: the Commissioners at a meeting may impose in case (i) a wate
Sec. 126 om. by W.B. Act 51 of 1980 2626. Sec. 126 om. by W.B. Act 51 of 1980 which was as under: "126. Restrictions on the imposition of the conservancy-rate. (1) The imposition of the conservancy-rate shall be subject to the following restrictions, namely, (a) that where there is no underground sewerage system the rate on any Jail, reformatory or lunatic asylum in which an establishment is maintained for the cleansing of latrines, urinals and cesspools therein shall not exceed such proportion of the rate in force for the municipality as the State Government may fix; (al) that the rate shall not be imposed on any holding referred to in clause (b) of sub-section (1) of section 124; (b) that the rate shall not be leviable in any area until the Commissioners have made provision for the cleansing of private latrines, urinals and cesspools within such area ; (c) that the rate shall not be levied at more than ten per centum on the
The Commissioners: may, for the purposes of conservancy, 27* * * * * by a notice in writing, require the owner or occupier of any holding to furnish, within a time to be specified in the notice, a true and correct list of the number of persons living within, or habitually resorting to, such holding. Assessment of rates on the annual value of holdings.
(1) The annual value of a holding shall be deemed to be the gross annual rental 2828. Words ins. by W.B. Act 10 of 1982. [including service charges] at which the holding may reasonably be expected to let 2929. Words ins. by W.B. Act 51 of 1980. [less, in the case of a buildin an allowance of ten per centum, for the cost of repairs and for all other expenses necessary to maintain the building in a state to command such gross rental.]
(2) If such gross annual rental cannot in the opinion of the assessor, be easily estimated or ascertained, the annual value of such holding shall be deemed to be an amount which may be equal to, but may not exceed, 3030. Words subs. for the words "seven and half per centum" by W.B. Act 51 of 1980. [nine per centum.] on the value of the building or buildings on such holding at the time of such assessment plu
For the purpose of, and subject to, clause (21) of section 3
(a) if a question arises whether any land is included within one holding, the decision thereof shall rest with the Commissioners at a meeting ;
(b) the Commissioners at a meeting shall determine what class of ownership shall be accepted as the test for determining whether lands within a municipality are held under one title or agreement,
If, during the currency of any period prescribed by sub-section (1) of section 137, the ownership of any land or building, or portion thereof is subdivided into separate shares, the Commissioners may on the application of any of the co-owners, after giving the other co-owners an opportunity to be heard, divide the assessment of such land, building or portion in the following manner, namely :
(i) if the ownership be subdivided into two or more shares without separate allotments, or if as the result of such subdivision there is a separate allotment of such land, building or portion into two or more separate portions, which are not entirely Independent, the Commissioners may, if they think fit, apportion the assessment among the shareholders according to the value of their respective shares without assigning any separate number;
If any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the Commissioners shall assess them on amalgamation after assigning to them one or more numbers, as the case be:
Provided that no assessment on amalgamation of premises shall be made by the Commissioners unless there is a cause for the revaluation of any such premises except on an application being made to them by the owner or owners thereof in which case such assessment, if made, shall remain in force for the unexpired period of valuation :
Provided also that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises amalgamated.
Sec. 132 subs, by W.B. Act 50 of 1976 which was earlier as under: "132. Taxes by whom payable. Except as otherwise provided by this Act. any rate which is assessed on the annual value of a holding shall be payable by the owner of the holding: Provided that where any holding owned by the State Government is in the occupation of any person under an agreement with the State Government entitling such person to have the ownership of such holding transferred to him on the performance by him of the terms and conditions of the agreement, any rate assessed on the annual value of such holding shall be payable by such person.". Except as otherwise provided by this Act, one-half of any rate which is assessed on the annual value of a holding shall be payable by the owner of the holding and the other half by the occupier thereof.
Sec. 132A first ins. by W.B. Act 50 of 1976. then subs, by W.B. Act 51 of 19,80. Previous sec. 132A was as under: "132A. .Surcharge by whom payable. Notwithstanding anything contained in section 132 or arty other provisions of this Act, (a) when a surcharge has been imposed on any holding under sub-section (3) of section 123. the surcharge shall be payable by the owner or the occupier, as the case may be, who uses such holding for commercial or other non-residential purpose; (b) when any portion of any holding is used for commercial or other non-residential purpose. the amount of the rate on holdings, the water-rate, the lighting-rate or the conservancy- rate, payable in respect of such portion shall, while determining the rate on holding, the water-rate, the lighting-rate or the conservancy-rate, as the case may be, of the entire holding, be separately calculated and the surcharge shall be imposed on that amount: (c) the sur
Sec. 133 subs, by W.B. Act 51 of 1980 which was earlier as under: "133. Preparation of valuation list. When it has been decided to impose any rate to be assessed on the annual value of holdings, the assessor, after making such inquiries as may be necessary, shall determine the annual value of all holdings within the municipality in the manner provided in this chapter. and shall enter such value in a valuation list.". (1) When it has been decided to impose consolidated rate to be assessed on the annual value of holdings, the Commissioners shall cause a valuation list to be prepared of the annual value of all holdings within the municipality by their Assessor or, if there is no Assessor among their own officers, by a person possessing the prescribed qualifications to be appointed by the Commissioners at a meeting as Assessor for the purpose of preparing the valuation list on such ""[remuneration] and with such establishment as
Sec. 133A ins. by W.B. Act 24 of 1983. Notwithstanding anything contained in this Chapter, if the State Government is satisfied, on an application made to it by the Commissioners of any municipality to the effect that the valuation list of the annual value of holdings within the municipality could not be prepared and published as required under this Act before the 1st day of April, 1983 for circumstances beyond the control of the Commissioners, the State Government may, by order, allow the Commissioners to realise holding-rate, water-rate, lighting-rate and conservancy-rate at such rates as were in force within the limits of the municipality on the 31st day of March, 1983, for such period as may be specified in the order.
Sec. 133B ins. by W.B. Act 22 of 1990. w.e.f. 1.4.1989. (1) Notwithstanding anything contained in this Act, if in any area including any Government Township as defined in clause (c) of section 2 of the West Bengal Government Townships (Extension of Civic Amenities) Act, 1975. prior to its being constituted as a notified area under section 93A,
(i) any tax, fee or charge was imposed in respect of any land or building, or
(ii) any assessment was made in respect of any land or building but no tax, fee or charge could be imposed in respect of such land or building on the basis of such assessment, or
(iii) no assessment could be made in respect of any land or building, under any provisions of any Act, other than this Act, as extended to such area, the
The assessor, in order to prepare the valuation list, may, whenever he thinks fit, by notice require the owners or occupiers of all holdings to furnish him within one week with true and correct returns of the rent or annual value thereof and a true and correct description of the holdings containing such particulars as the assessor may direct, and the assessor, or any person authorized by him in writing in that behalf, may enter, inspect and measure any such holding at any time between sunrise and sunset:
Provided that at least twenty-four hours' previous notice of the intention to enter, inspect and measure any holding shall be given to the occupier thereof, unless he waives his right to such notic.
Sec. 135 om. by W.B. Act 51 of 1980 which was as under: "135. Determination of percentage of rate on holdings. Subject to the provisions of this Act, the Commissioners, at a meeting to be held before the close of the year next preceding the year to which the rate will apply, shall determine the percentage on the valuation of holdings at which any rate on the annual value of holdings shall be levied, and the percentage so fixed shall remain in force until the Commissioners at a meeting shall determine some other percentage on the valuation of holdings at which the rate will be levied from the beginning of the next year: Provided that, when this Act is first extended to any place, the first rate or rates shall be levied from the beginning of the quarter next after that in which the percentage has been fixed by the Commissioners at a meeting: Provided further that, where the amount standing to the credit of the Commissioners in
Words and figures "As soon as possible after the percentage at which the rate or rates shall be levied for the next year has been determined under section 135." orn. by W.B. Act 51 of 1980. * *********** the Commissioners shall cause to be prepared 4646. Words "by an assessor" orn. by Ben. Act 11 of 1936. * ****** an assessment list, which shall contain the following particulars and any others which the Commissioners may think proper to include:
(a) the name of the street in which the holding is situated;
(b) the number of the holding on the register;
4747. Clause (c) subs, by W.B. Act 50 of 1976 which was as under: "(c) a description of the holding;". (c) the names of the owner and the occupier;
(1) A new valuation 50* * * * * list shall unless otherwise ordered by the 5151. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereal'ter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government) be prepared, in the same manner as the 5252. Words subs, for the words "original lists" by Ben. Act 11 of 1936. [original list], once in every five years:
5353. Proviso ins. by W.B. Act 10 of 1982. Provided that if an existing valuation list is not revised for any unavoidable reason, the validity of operation of such valuation list shall not be called in question till a new valuation list takes effect under this Act.
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(1) The Commissioners at a meeting may 5454. Words ins. by W.B. Act 27 of 1955. [for reasons to be recorded in writing], at any time, direct alteration or amendment of the assessment list
(a) by entering therein the name of any person or any property which in their opinion ought to have bene entered, or any property which has become liable to taxation after the authentication of the assessment list under section 147; or
(b) by substituting therein for the 5555. Words subs, for the words "name of the owner" by W.B. Act 50 of 1976. [name of the owner and the occupier] 5656. Words "or occupier" and "or occupation" om. by Ben. Act 11 of 1936. * ******* of any holding the name of any other person who has 5757. Words subs, for the word "ownership" by W.B. Act 50 of 1976. .. * * * * * of the holdi
An entry in an assessment list shall be conclusive proof
(a) for any purpose connected with a rate 70* ***** to which the list refers, of the amount leviable in respect of any holding during the period to which the list relates, and
(b) for the purpose of assessing any other municipal rate, of the annual value of any holding during the said period.
(1)If any house belongs to one owner and the land on which it stands as also the adjacent land if any, usually occupied therewith, belongs to another, the Commissioners may treat such house and land as a single holding and assess them to rates accordingly.
(2) The total amount of the rate 7070. Words "or rates" om. by W.B. Act 51 of 1980. * ***** shall be payable by the owner of the house, who shall thereafter be entitled to deduct from the rent which he pays for the land such proportion of the rate 70* ***** so paid by him as is equal to the proportion which such rent bears, to the annual value of the holding.
(3) In case of dispute the Commissioners shall determine what amount the owners of the house and of the land shall pay respectively.
Whenever, from the circumstances of the case, the levy of a rate 7070. Words "or rates" om. by W.B. Act 51 of 1980. ******* on any holding in the municipality would be productive of excessive hardship to the person liable to pay the same, the Commissioners at a meeting may reduce the amount payable on account of such holding, or may remit the same7171. Words ins. by W.B. Act 51 of 1980. [or may realise the same by instalment]:
Provided that such reduction or remission shall not unless renewed by the Commissioners at a meeting, have effect for more than one year.
(1) When any holding 7272. Words ins. by W.B, Act 28 of 1951. [comprising of land and building] has been unoccupied and unproductive of rent for sixty or more consecutive days 7373. Words, letters and brackets subs. for the words "the Commissioners shall remit, and If the rate or rates have been paid, shall refund one-half of the amount due on account of such period:" by W.B. Act 50 of 1976. [the Commissioners shall
(a) remit one-half of the owner's share of the rate 70* * * * * * due on account of such period, or
(b) if the whole of such share has been paid, refund one-half of such share:
Provided that
(i) the person liable to pay the rate 7070. Words "or rates" om. by W.B. Act 51 of 1980. ****** or
Even person who is the owner of any holding for which a remission or refund of the rate 75a75a. Words "or rates"om. by W.B. Act 51 of 1980. * * * * has been made under section 142 shall give notice of the re-occupation of such holding within ten days of such re-occupation.
Words "or rates" om. by W.B. Act 51 of 1980. When any person has, in respect of any holding comprising of land and building, paid the occupier's share of the rate 7777. Words "or rates" om. by W.B. Act 51 of 1980. * ***** for the whole of any quarter or where such holding consists of separate tenements, and any person has. in respect of such tenement or tenements, paid the occupier's share of the rate 7777. Words "or rates" om. by W.B. Act 51 of 1980. * * * * * * for the whole of any quarter, such person shall be entitled to a refund of the rate 7777. Words "or rates" om. by W.B. Act 51 of 1980. ****** so paid for any period in that quarter during which such holding or such tenement or tenements, as the case may be, remained unoccupied, provided such person has given notice in writing of the facts to the Commissioners.
When any holding comprising of land and building which has been unoccupied is re-occupied or when such holding consists of separate tenements one or more of which has or have been unoccupied and is or are re-occupied during any quarter, the occupier's share of the rate in respect of such holding or such tenement or tenements, as the case may be shall be payable from the beginning of that quarter.
Secs. 143A to 143F ins. by W.B. Act 50 of 1976. If any holding comprising of land and building is ordinarily occupied by more than one person holding in severally, the Commissioners may, notwithstanding anything contained in section 132, levy the entire rate 77* * * on the owner of such holding.
Secs. 143A to 143F ins. by W.B. Act 50 of 1976. When the entire rate 7777. Words "or rates" om. by W.B. Act 51 of 1980. "* * * * is or are paid by the owner of any holding under section 143C, such owner may, if there be only one occupier of the holding, recover from such occupier half of the rate 7777. Words "or rates" om. by W.B. Act 51 of 1980. * * * * so paid, and may if there be more than one occupier, recover from each occupier half of such sum as bears to the entire amount of the rate 7777. Words "or rates" om. by W.B. Act 51 of 1980. * * * * so paid by the owner the same proportion as the value of the portion of the holding in occupation of such occupier bears to the entire value of such holding.
Secs. 143A to 143F ins. by W.B. Act 50 of 1976. The Commissioners may, by written notice, require the occupier of any holding to furnish within fifteen days the name and address of the owner of such holding.
Secs. 143A to 143F ins. by W.B. Act 50 of 1976. If the occupier of any holding refuses or neglects to comply with a notice served under section 143E, he shall be liable to pay the rate 7777. Words "or rates" om. by W.B. Act 51 of 1980. * * * * payable by the owner on account of such holding, and on nonpayment thereof, the Commissioners may recover the same by distress and sale of any movable property found on the holding:
Provided that no arrear of the rate 7777. Words "or rates" om. by W.B. Act 51 of 1980. * * * * which has remained due from the owner of any holding for more than one year shall be so recovered from the occupier thereof.
Word subs, for the word "rates- by W.B. Act 51 of 1980. (1) Whenever the title to or over any land or building of any person primarily liable for the payment of 7878. Word subs, for the word "rates- by W.B. Act 51 of 1980. [rate] on such property is transferred, both the transferor and the transferee shall, within three months of the registration of the deed of transfer, if it be registered, or if it be not registered, within three months of its execution, or, if no instrument be executed, within three months of the actual transfer, give notice in writing of such transfer to the Chairman.
(2) Every person primarily liable for the payment of 78[rate] on any land or building, who transfers his title to or over such property, without giving notice of such transfer to the Chairman, as aforesaid, shall, unless the Commissioners, on grounds
Sec. 144A ins. by Ben. Act 11 of 1936. Every person succeeding to any land or building by inheritance shall within three months from the date of such succession give notice in writing of such succession to the Chairman and the provisions of sub-section (3) of section 144 shall apply mutatis mutandis to such a case. General provisions relating to assessment.
Secs. 145 and 146 om. by W.B. Act 51 of 1980 which were as under: "145- Appointment of assessors of municipal rates. (1)The State Government shall prepare a list of persons qualified in its opinion to be appointed as municipal assessors. (2) When a new valuation list is to be prepared for any municipality the Commissioners at a meeting shall appoint from the list referred to in sub-section (1) a person as an assessor for the purposes of this chapter, on such salary and with such establishment as may be fixed by them with the approval of the State Government. (3) Notwithstanding anything in this section the State Government may. at the request of the Commissioners at a meeting, appoint, or authorise the Commissioners at a meeting to appoint, any person or persons approved by the State Government with or without salary to prepare the valuation list of such municipality. *********8080. Secs. 145 and 146 om. by W.B. Act 51 of 198
(1) If the Commissioners fail to comply with the provisions of section 145 within such period as the State Government may fix, the State Government may appoint for such period as may be necessary a suitable person from among the persons included in the said list to prepare the valuation list of such municipality.
(2)If there is no person for the time being available for appointment as assessor from among the persons Included in the list referred to in sub-section (1) of section 145, the Commissioners at a meeting, or in case of default by the Commissioners, the State Government may appoint any person approved by the State Government on such salary, for such period, and with such establishment as the Commissioners with the approval of the State Government, or the State Government in the case of default, may determine.
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(1) When the assessment list mentioned in section 136 has been prepared or revised, the Chairman shall sign the same and shall cause it to be deposited in the office of the Commissioners and shall give public notice of the place where the list may be inspected.
(2) In all cases in which any property is for the first time assessed or the assessment is increased, the Chairman shall also give notice thereof to the owner or occupier of the property, if known.
(1) Any person who is dissatisfied with the amount assessed upon him or with the valuation or assessment of any holding, or who disputes his occupation of any holding, or his liability to be assessed, may apply to the Commissioners to review the amount of assessment or valuation or to exempt him from the assessment of rate.
(2) No such application shall be received after one month from the date of publication of the notice required under sub-section (1) of section 147, or the service of the notice required under sub-section (2) of that section or after the expiration of one month from the date of service of the first notice of demand for payment at the rate in respect of which the application is made, whichever period shall last expire.8181. Sub-sec.(3) om. by Ben. Act 11 of 1936 which was as under: {3) Notice of every such application
Sub-sec.(1) subs, by W.B. Act 28 of 1951 which was earlier as under: "(I) Every application presented under section 148 shall be heard and determined by a committee consisting of the Chairman, and two Commissioners who shall be appointed by the Commissioners at a meeting and shall not, in case of a municipality which is divided into wards under section 20, be Commissioners of the ward from which the application is made.". 83. Words subs, for the words "the Chairman and not less than two and not more than four Commissioners appointed by the Commissioners at a meeting:" by W.B. Act 24 of 1983. (1) Every application presented under section 148 shall be heard and determined by a Committee consisting of 83[the Chairman or Vice-Chairman and not less than two and not more than four Commissioners appointed by the Commissioners at a meeting, and there may be more than one such Committee for the purposes of this sub-section:]
The Government may, by notification, appoint a Municipal Assessment Tribunal consisting of such number of member or members as may be specified in the notification for the purpose of hearing applications for review presented under section 148.
8686. Sub-sees. (1) and (1A ) subs, for previous sub-sec. (1) by W.B. Act 51 of 1980. Previous sub- sec. (1) was as under: "(I) The State Government may, by notification, appoint a Municipal Assessment Tribunal consisting of such person or persons as may be specified in the notification for the purpose of hearing applications for review presented under section 148.". 87. Words, figures, letter and brackets ins. by W.B. Act 27 of 1955. 88. Words, figure and brackets "or sub-section (6)" om. by W.B. Act 16 of 1966. Where a Revenue Statute provides for a person aggrieved by an assessment thereuder a particular remedy to be sought in a particula
No objection shall be taken to any assessment or valuation in any other manner than in this Act is provided [and no valuation or assessment made under this Act and no order passed under sub-section(4)88* ***** of section 149 or sub-section (2) of section 149A shall be called in question in any Court.]
Sub-sec.(1) subs, by W.B. Act 24 of 1983 which was earlier as under: "(1) When an objection to an assessment or valuation has been made under section 148 the rate shall, pending the final determination of the objection, be paid on the revised assessment or valuation, and the objection shall fail unless the rate is paid or continued to be paid on such assessment or valuation till the objection is finally disposed of.". (1) When an objection to an assessment of valuation has been made under section 148, the amount entered in the preceding assessment list shall, pending the final determination of the objection, be paid and the objection shall fail unless the said amount is paid or continued to be paid till the objection is finally determined.
(2) If. when the objection has been finally determined, the previous assessment or valuation is a
Sec. 151A ins. by W.B. Act 16 of 1966. (1) When an assessment or valuation is set aside or declared to be void by an order of a Court, the rate shall notwithstanding anything contained in sub- section(2) of section 137, be paid on the previous assessment or valuation until a reassessment or revaluation is made under clause (cc) of sub-section (1) of section 138.
(2) If upon such reassessment or revaluation the previous assessment or valuation is altered, the provisions of sub-section(2) of section 151 shall apply in respect of any sum paid in excess or any deficiency. Recovery of taxes.
By notification to be posted up in their office, the Commissioners shall declare at what hours of each day (not being a Sunday or other recognised holiday the office shall be open for the receipt of money and transaction of business.
(1) Unless the amount entered in such lists is subsequently altered by the Commissioners
(2) Such rate shall be payable in quarterly instalments and every such instalment shall be deemed to be due on the first day of the quarter in respect of which it is payable.
For all sums paid on account of any tax, toll, fee or rate under this Act a receipt stating the amount and the tax, toll, fee or rate on account of which it is paid shall be given, signed by the tax-collector, or by some other officer authorized by the Commissioners to grant such receipts.
Sec. 155 subs, by W.B. Act 27 of 1955 which was earlier as under: "155. Bill and notice of demand to be presented. (I) Within three months after any sum has become due on account of any tax, toll, fee or rate the Commissioners shall cause to be presented to the person liable to the payment thereof a bill for the said sum, which shall contain a statement of the period and of the tax. toll, lee or rate on account of which the charge is made. (2) If the amount mentioned in such bill is not paid on presentation thereof, a notice of demand in the prescribed form with copy of the bill appended thereto, shall be served on the person liable to pay the same. Such notice of demand may be served at any time after presentation of the bill: Provided that no charge shall be made in respect of the service of such notice. (3) Such notice shall be signed by the Chairman, Vice-Chairman or an officer authorized by the Commissioners in that beha
If any person, 9797. Words subs, for the words "after service upon him of such bill and nolicc. does not. within fifteen days of the service of such notice." by W.B. Act 27 of 1955. [does not, within thirty days of the service of a notice of demand under sub-section (4) of section 155, pay the sum due. either to the Commissioners at their office, or to some person authorized by them to receive the money, or show to the Commissioners sufficient cause for not paying the same, the amount of the arrear due, [along with interest and] with costs according to the prescribed scale of fees, may, at any time 9999. Words "within one year after the date of service of the said notice" om. by W.B. Act 27 of 1955. * *****, be levied by distress and sale of any movable property belonging to the defaulter, except ploughs, plough-cattle, tools or implements of agriculture or trade, wherever found, or of any movable property belonging to any ot
(1) Every warrant of distress and sale under section 156 shall be issued by the Commissioners, and shall be in the prescribed form.
(2) When a warrant of distress is issued it shall not be discharged before it is executed except upon payment of the sum due together with one-fourth of the costs referred to in section 156.
(3) Distress shall be made by actual seizure of movable property, and the officer charged with the execution of the warrant shall be responsible for the due custody thereof.
(4)Such officer shall make in the presence of two witnesses an inventory of all movable property seized under the warrant and shall give not less than ten days' previ
The officer charged with the execution of the warrant may, under the special order of the Chairman or Vice-Chairman, between sunrise and sunset, break open any outer or inner door or window of a house, in order to make the distress, if he has reasonable ground for believing that such house contains any movable property belonging to the defaulter, and if, after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance ;
Provided that he shall not enter or break open the door of any room appropriated to women, except after reasonable notice and opportunity given to enable the women to remove to some part of the premises where their privacy may be preserved.
(1) If the sum due be not paid with costs before the time fixed for the sale, or if the warrant be not discharged or suspended by the Commissioners, the movable property seized shall be sold by auction, at the time and place specified, in the most public manner possible, and the proceeds shall be applied in discharge of the arrears and costs.
(2) The surplus sale-proceeds (if any) shall be credited to the Municipal Fund, and may be paid on demand to any person who establishes his right to the satisfaction of the Commissioners or in a court of competent jurisdiction.
(3) The tax-collector or other officer authorized by the Commissioners in that behalf shall make a return of all such sales to the Commissioners in the prescribed form.
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If the Commissioners are unable to recover under section 159 the sum due with costs, the 11. Words subs, for the word "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate! may, on the application of the Commissioners, issue his warrant to any officer of his court for the distress and sale of any movable property or effects belonging to the defaulter within any other part of the jurisdiction of the 11. Words subs, for the word "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate] or for the distress and sale of any movable property belonging to the defaulter within the jurisdiction of any other 11. Words subs, for the word "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate] exercising jurisdiction within 22. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal], and such other 11. Words subs, for the word "Magistrate" by W.B. Act 51 of 19
The Commissioners shall cause a regular account to be kept of all distresses levied, and sales made, for the recovery of taxes, tolls, fees and rates under this Act. 3162. Power to Commissioners to apply certificate procedure. (1) After a defaulter has been proceeded against under the foregoing provisions of this Chapter unsuccessfully or with only partial success, the sum due may be .recovered by certificate under the Bengal Public Demands Recovery Act, 1913. 44. Sub-sec.(2) om. by W.B. Act 23 of 1961 which was as under: "(2) Instead of proceeding by distress and sale, or by certificate as prescribed in sub-section (1) or in the event of failure in either case to recover the whole or any part of the sum due, the Commissioners may sue the person liable to pay the same in any Court of competent jurisdiction.". *********
(1) In the event of failure to recover the whole or any part of the sum due by certificate as prescribed in section 162 the Commissioners may sue the person liable to pay the same in any Court of competent jurisdiction.
(2) Notwithstanding any decision of any Court to the contrary, any proceeding instituted in accordance with the provisions of sections 156 to 162 and pending on the date of commencement of the Bengal Municipal (Second Amendment) Act, 1961 may be continued after such commencement and any such proceeding or any order made, anything done or any action taken therein, shall not, in any manner, be called in question merely on the ground that the Bengal Municipal (Second Amendment) Act, 1961 was not in force when such proceeding was instituted, such order was made, such thing was done or such action was taken.
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66. Sec. 163 renumbered as sub-sec.(1) and sub-sec. (2) ins. by W.B. Act 27 of 1955. (1) The Commissioners 7[at a meeting] may order to be struck off the books the amount of any tax, toll, fee, rate or other money due under this Act which may appear to them to be irrecoverable.
7a7a. Sec. 163 renumbered as sub-sec.(1) and sub-sec.(2) ins. by W.B. Act 27 of 1955. (2) In passing an order under sub-section (1) the Commissioners shall in each case briefly record the reasons therefor and a statement of the steps taken to recover the amount ordered to be struck off.
All Commissioners, municipal officers and servants, and all chaukidars, constables and other officers of police are prohibited from purchasing any property at any sale made under this chapter. Recovery in special cases.
If the sum due from the owner of any holding remains unpaid after the notice of demand has been duly served, and such owner is not resident within the municipality or the place of abode of such owner is unknown, the same may be recovered from the occupier for the time being of such holding, who may deduct from the next and following payments of his rent, the amount which may be so paid by or recovered from him :
Provided that no arrear of rate shall be so recovered from the occupier of any holding if it has remained due from the owner thereof for more than one year or if it is due on account of any period during which such occupier was not in occupation of such holding :
Provided also that if any such holding is occupied in severalty by more than one person, the sum recovered from any one
Where any holding is in the occupation of any person, not being the owner or occupier, as defined in section 3, of such holding the amount of any tax, toll, fee, rate or other money due under this Act and assessed on the annual value of such holding may be recovered from such person as if he were an occupier of such holding as defined in clause (36) of section 3 :
Provided that no sum shall be recovered from such person if it is not due in respect of the period during which such person has been in occupation of the holding :
Provided further that the assessment or recovery made under this section shall not by itself be deemed to confer upon such person any right or title as the lawful occupier of the holding.
Where several persons, not being the owners or occupiers, as defined in section 3, are each in possession of a distinct portion of a holding, then, notwithstanding anything contained in this Act, the Commissioners may treat each such portion of holding as a separate holding and assess it as such to any tax, toll, fee, rate or other money due under this Act, and the amount of such tax, toll, fee, rate or other money assessed on the annual value of any such separate holding shall be recovered from the person in occupation of such holding as if he were an occupier of such holding as defined in clause (36) of section 3:
Provided that the assessment or recovery made under this section shall not by itself be deemed to confer upon any such person any right or title as a lawful occupier of any such holdings.
The purchaser of any holding or part of a holding in respect of which any sum is due at the time of purchase on account of any rate under this Act shall, subject to the provision of sub-section (2) of section 144, be liable for the said sum.
The sum due on account of any rate under this Act from any person in respect of any holding shall subject to the prior payment of the land revenue (if any) due to the Government 1010. Words, brackets and figures "or of the rent (if any) due to a landlord under the Bengal Tenancy Act. 1885. thereupon," om. by W.B. Act 51 of 1980. **** * * be a first charge upon the said holding. The tax on carriages, and on horses and other animals.
(1) When it has been determined that a tax on carriages, and on horses and other animals mentioned in Schedule III shall be imposed, the Commissioners at a meeting shall, subject to the provisions of section 199, make an order that the owner of every carriage, and every horse and other animals of the kind mentioned in the said schedule, which is kept or is used in the ordinary course of business within, or which is let for hire within or without the municipality, and is used in the ordinary course of business within it, shall pay the tax at the rate fixed under sub-section(2) in respect of such carriage, horse or other animal and they shall cause such order to be published in the manner prescribed.
(2) Such order shall be published at least one month before the beginning of the half-year in which such tax will first take effect; and sh
In making an order under section 168 or by a subsequent order, the Commissioners at a meeting may exempt from the tax, imposed under section 168, any carriage or class of carriages mentioned in Schedule III.
The order of the Commssioners imposing a tax under section 168 shall continue in force until rescinded and the tax shall be levied at the rates specified in the order published as aforesaid, unless and until the Commissioners at a meeting, held not less than fifteen days before the end of the year, make and publish an order specifying any different rates at which the tax shall be payable for the ensuing year.
(1) In any municipality in which a tax has been imposed idea section 168 the owner of every carriage, horse, and other animal mentioned in Schedule III shall, within the first month of each half-year, forward to the Commissioners a statement in writing, signed by him, containing a description of the carriages, horses and other animals liable to the tax, for which he is bound to take out a license.
(2) Such owner shall, at the same time, pay to the Commissioners such sum as shall be payable by him for the current half-year for the carriages, horses and other animals specified in such statement, according to the rates specified In any order for the time being-in force under section 168.
If any person acquires possession, at any time after the commencement of any half-year of any carriage, horse or other animal mentioned in Schedule III, In respect of which no license has been given for such half-year, he .shall forward a statement as required under section 171 within one month of the date on which he may have acquired possession thereof and shall pay such amount of the tax as shall bear the same proportion to the whole tax for the half-year as the unexpired portion of the half-year bears to the half-year; and such amount shall be calculated from the date on which such person may have acquired possession as aforesaid.
(1) On receiving the amount of the tax due the Commissioners, or some person authorised by them, in that behalf, shall give to the person paying the same a license for the several carriages, horses and other animals for the period in respect of which the amount is received.
(2) Such licence shall be for the current half-year and no longer.
Whenever the owner of any carriage, horse or other animal who is liable to pay the said tax is not resident within the limits of the municipality to the Commissioners of which the tax is due, the person in whose immediate possession the carriage, horse or other animal is for the time being kept shall pay the tax and take out a license for the same.
No person shall keep, or be in possession of any carriage, horse or other animal without the license required under this Act:
Provided that no carriage which has not been brought into use or which is so damaged as in the opinion of the Commissioners to be unfit for use shall be liable to the tax.
The Commissioners at their discretion may compound for any period not exceeding one year with livery stable-keepers and other persons keeping carriages, horses or other animals for hire for a certain sum to be paid for the carriages, horses or other animals so kept by Such persons, in lieu of the tax at the rates specified in any order made by the Commissioners under sections 168 and 170.
The Commissioners shall, from time to time, cause to be prepared and entered in a book, to be kept by them and to be open to the inspection of any person interested therein, a list of the persons to whom during the then current half-year a license has been given, and of the carriages, horses and Other animals in respect of which they have paid the tax.
(1)The Commissioners, or any person authorized by them in this behalf, may, at any time between sunrise and sunset enter and inspect any stable or coach house, or any place wherein they may have reason to believe that there is any carriage, horse or other animal liable to the tax, for which a license has not been taken out,
(2) The Commissioners may summon any person whom they have reason to believe to be liable to the payment of any such tax, or any servant of such person, and may examine such person or servant as to the number and description of the carnages, horses and other animals in respect of which such person is liable to be taxed.
1414. Sub-sees. (3), (4) and (5) ins. by W.B. Act 51 of J980. (3) Where the owner or the keeper of any carr
On proof being given to the satisfaction of the Commissioners that a carriage, horse or other animal for which a license has been taken out for any half-year has ceased to be kept or to be used within the municipality during the course of such half-year, the Commissioners shall order a refund of so much of the tax for the half-year as shall bear the same proportion to the whole tax for the half-year as the period during which such carriage, horse or other animal has not been kept or used in the municipality bears to the half-year ; but no such refund shall be allowed unless notice be given to the Commissioners within one month of the time when such keeping or use of such carriage, horse or other animal ceased, and, except for special cause shown, the Commissioners shall pass no order for refund until after the close of the half-year in respect of which the refund is claimed.
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Nothing in sections 168 to 179 shall be deemed to authorise the levy of more than one tax for the same period In respect of any carriage, horse or other animal which is used in the ordinary course of business in more than one municipality. In such cases the tax shall be levied by the Commissioners of the municipality within the jurisdiction of which the carriage, horse or other animal is kept.
A carriage, horse or other animal shall be deemed to be used in the ordinary course of business within the meaning of section 168, if it is used on business on an average thrice a week. 1515. Sub-heading subs, for the sub-heading "The tax on professions, trades and callings." by W.B. Act 13 of 1992. [Professtons, trades and calling.
Sec. 182 subs, by W.B. Act 13 of 1992 which was earlier as under: "182. Tax on professions, trades and callings, When ft has been determined that a tax shall be imposed on professions, trades and callings, every person who exercises in the municipality, either by himself or by an agent or representative, any of the professions, trades or callings, specified In Schedule IV, shall take out a half-yealy license and pay the tax imposed under clause (e) of sub-section {1} of section 123, Explanation. Manufacture or storage of goods in a municipality for the purpose of carrying on business outside the municipality shall be deemed to be carrying on a trade or calling within the municipality.". (1) Every person engaged or intending to be in any profession, trade or calling in
Provided that such enlistment or renewal thereof shall not absolve
The heading and secs. 182A to 182G ins. by W.B. Act 51 of 1980. (1) When it has been determined that a tax shall be imposed on advertisements, every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement, or who displays any advertisement to public view in any manner whatsoever, visible from a public street or other public place, shall pay for every advertisement which is so erected, exhibited, fixed, retained or displayed to public view, a tax at such rate, not exceeding the rate prescribed in Schedule IVA, as may be determined by the Commissioners at a meeting.
(2) When any person pays any tax under sub-section(1) for any advertisement the Commissioners shall grant him a license in respect of such advertisement.
The heading and secs. 182A to 182G ins. by W.B. Act 51 of 1980. advertisement for which tax is payable under section 182A shall be erected, exhibited, fixed or retained under or over any land, building, wall, hoarding or structure, or shall be displayed to public view in any manner whatsoever in any place unless the tax is paid and license obtained.
Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure or within a public street or a public place in contravention of the provisions of this Act or any rule made thereunder, it shall be presumed, until the contrary is proved, that the contravention has been committed by the person or persons or their agents on whose behalf the advertisement purports to be.
If any advertisement be erected, exhibited, fixed or retained in contravention of the provisions of section 182B, the Commissioners may require the owner occupier of the land, building, wall, hoarding or other structure upon or over which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any building, land or property and have the advertisement dismantled, taken down, removed, spoiled, effaced or screened,
The provisions of sections 182A to 182D shall not apply to any advertisement which
(a) relates to a public meeting, or an election to any legislative body or an election of a municipal Commissioner or candidature in respect of such election;
(b) is exhibited within the window of any building if the advertisement relates to trade, profession or business carried on within the building;
(c) relates to the trade, profession or business carried on-within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on or in the same;
(1) The rates at which the tax under section 182A is to be imposed shall be determined annually by the Commissioners at a meeting before the preparation of the budget estimate under section 112.
(2) The tax payable under section 182A shall be paid at such time and in such manner as may be provided for by rules under section 182G.
The heading and secs. 182A to 182G Ins. by W.B. Act 51 of 1980. The Commissioners may at a meeting make rules to provide for the time and manner of payment of tax under section 182A.
(1) When it has been determined that a tee on registration of carts shall be imposed, the Commissioners at a meeting may make and publish an order that every cart, which is kept or is used in the ordinary course of business within the municipality, shall be registered by the Commissioners with the name and residence of the owner, and shall bear the number of registration in such manner as the said Commissioners shall direct:
Provided always that such order shall be published at least one month before the beginning of the half-year in which such order for registration shall be enforced,
(2) This section shall not apply to
(a) carts which are the property
Sec. 184. 8ubs. by W.B. Act 51 of 1980 which was earlier as under "184. Fee for registration. The fee payable for each registration under section 183 for every cart shall be such sum not exceeding six rupees as the Commissioners at a meeting may fix from time to time, if the registration has effect for one year and shall be half of this sum if the registration has effect for half a year.". (1)The fee payable for each registration under section 183 for every cart shall be such as the Commissioners at a meeting may fix from time to time:
Provided that such fee shall not, if the registration has effect for one year, exceed
(a) rupees ten, if the cart is fitted with pneumatic tyres,
(b) rupees eighteen, if the cart is fitted with solid rubber tyres,
Sec. 185 om. by W.B. Act 51 of 1980 which was asunder: "185. Power to increase fees for carts with narrow tyres and rims. Notwithstanding anything contained in section 184, the Commissioners at a meeting may. with the sanction of the State Government increase by any amount not exceeding fifty per cent, the fee to be paid for registration of any cart any wheel of which has a rim or tyre of less than two inches in width.". * ********
Any person becoming possessed of any cart which has not been registered for the then current period of registration shall register the same within one month from the date on which he has become possessed thereof, and the Commissioners shall grant registration in any such case on payment of such amount of the fee as bears the same proportion to the whole fee for the current period of registration as the unexpired portion of the current period of registration bears to the whole of such period; and such fee shall be calculated from the date on which such person shall have become possessed as aforesaid.
When the ownership of any registered cart is transferred within any period of registration, it shall be registered anew within one month of the transfer in the name of the person to whom it has been transferred, and a fee not exceeding 22[rupee one] shall be paid for every such re-registration.
No person shall keep, or be in possession of a cart not duly registered as required by this Act, nor shall any person, being the owner or driver of any cart, fail to affix thereto the registration number as required by this Act.
(1) If any person owns or keeps any cart without registering the same as required by this Act, the Commissioners, or any person authorized by them in this behalf may seize and detain such cart (provided the same be not employed at the time of seizure in the conveyance of any passengers or goods) together with the animals, if any, drawing the same, and all police-officers are required, on the application of the Commissioners, or of any person duly authorized by them in that behalf, to assist in the said seizure,
(2) After such seizure the Commissioners shall forthwith issue a notice in writing that after the expiration of ten days they will sell such cart and animals, if any, by auction at such place as they may state in the notice; and, if any registration fee, together with the cost arising from such seizure and custody, remains unpai
(1) Nothing in section 183 to 189 shall be deemed to authorize the levy of more than one fee for the same period in respect of any cart which is used in the ordinary course of business in more than one municipality.
(2) When carts not kept within any municipality are so used in more than one municipality, the 23[State Government] may, if It thinks fit, apportion between all such municipalities the registration fees paid under this Act in respect of such carts.
(3) When a cart is registered under this Act in more than one municipality, the Commissioners of the municipality within which the cart is kept shall have a right to levy the registration fee in preference to the Commissioners of any other municipality:
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A cart shall be deemed to be used in the ordinary course of business, within the meaning of sections 183 to 190, if it is used on business on an average twice a week. Tolls of ferries.
The Commissioners may, with the sanction of the "(State Government], declare that any ferry not being vested in any other local authority within or adjacent to the limits of the municipality is a municipal ferry, and the profits derivable thereform shall thenceforward be carried to the credit of the Municipal Fund :
Provided that due compensation shall be made by the Commissioners to any person for the loss which he may have sustained in consequence of such ferry being declared to be a municipal ferry.
The amount of compensation due in such cases shall be ascertained and awarded by the Magistrate under the provisions of section 17 of the Bengal Ferries Act, 1885, or any similar law for the time being in force.
Every municipal ferry shall be maintained by the Commissioners, and they shall do all things necessary to provide for the safety and convenience of travellers, and the safety of property to be conveyed on such ferry.
When it has been determined to impose tolls on municipal ferries, the Commissioners at a meeting shall from time to time make and publish an order specifying the ferries and, with the sanction of the Commissioner of the Division, the rates at which such tolls shall be levied and shall cause a copy of such order to be permanently affixed on some conspicuous place at the ferry that.
No person shall be liable to pay any toll for crossing any river or stream at or near a municipal ferry, if he crosses the river or stream in a boat or other appliance which is kept for the personal use of such person.
Every lease of a ferry given by the Commissioners as hereinafter provided shall be liable to be cancelled at once, if it shall appear to the Commissioner at a meeting that the lessee has failed to make due provision for the convenience or safety of the public within fifteen days after being required to do so by a notice in writing from the Commissioners.
Any collector or lessee of tolls, or his agent, may refuse to convey any person or goods across a municipal ferry until the proper toll has been paid, and may require any persqn who refuses to pay the toll to leave the boat or appliance and to remove his goods from it.
No person shall keep a ferryboat whether or not plying for hire within a distance of two miles above or below any municipal ferry without the previous sanction
(i) of the Commissioners, if he plies within the limits of the municipality,
(ii) of the Magistrate of the district, if he plies without such limits, or
(iii) of the Magistrate of the district and the Commissioners, if one of the two banks between which he plies is within and the other bank is without, such limits.
This section shall not apply to any private ferry which was in existence at the commencement of the Bengal Municipal Act, 1884.
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Section 198A ins. by Ben. Act 11 of 1936. The Commissioners at a meeting with the sanction of the "[State Government] may make rules in all matters connected with the purposes of section 193, and for other matters relating to the management and leasing out of ferries.
The 2525. Words "Provincial Government" first subs, for the words, "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word ''State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. on carriagee, carts and animals passing over such bridge; and the profits derivable therefrom shall be carried to the credit of the Municipal Fund; Provided that no such toll-bar shall be established or tolls levied, otherwise than for the purpose pf recovering the expenses incurred in constructing such bridge and in maintaining such bridge in repair for the five years next after the construction thereof, together with interest on such expenses as provided in section 201. [State Government] may, with the consent of Commissioners at a meeting, make over to the Commissioners any existing toll-bar on a bridge within the limits of the municipality to be administered by them u
The Commissioners at a meeting, with the sanction of the 2525. Words "Provincial Government" first subs, for the words, "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word ''State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. on carriagee, carts and animals passing over such bridge; and the profits derivable therefrom shall be carried to the credit of the Municipal Fund; Provided that no such toll-bar shall be established or tolls levied, otherwise than for the purpose pf recovering the expenses incurred in constructing such bridge and in maintaining such bridge in repair for the five years next after the construction thereof, together with interest on such expenses as provided in section 201. [State Government], may establish a tollbar and levy tolls on any bridge which they may have constructed after the commencement of the Bengal Municipa
Whenever a toll-bar shall have been established, and tolls shall be levied, as provided in section 200, the Commissioners shall at the end of each year publish, by causing it to be posted Up at their office, an abstract account showing
(i) the amount of expenses Incurred in the construction of such bridge and in the maintenance of the same ;
(ii) the amount of interest which has accrued due thereon, at the annual rate of six per centum ; and
(iii) the amount which has been received from the profits of the said toll- bar since its establishment;
and, as soon as such expenses and interests shall have been recove
When it has been determined that tolls, shall be levied on any such bridge, the Commissioners at a meeting shall from time to time make and publish an order* ******** specifying rates at which such tolls shall be levied.
Any collector or lessee of tolls may refuse to allow any person to pass through any municipal toll-bar until the proper toll has been paid.
No person taking through a toll-gate any motor vehicle carriage, cart or animal (not exempted from toll) shall refuse to pay the toll, nor shall any person fraudulently avoid taking through a toll-gate any such motor vehicle, carriage, cart or animal with intent to evade payment of the toll.
(1) If the toll due on any motor vehicle carriage, cart or animal Is not paid on demand, the person authorised to collect the same may seize such motor vehicle, carriage, cart or animal, or any part pf its load of sufficient value to defray the toll, and shall give immediate notice of such seizure to the Commissioners,
(2) After such seizure the Commissioners shall forthwith issue a notice in writing that, after the expiration of ten days, they will sell the property seized
(3) If the load or sufficient part thereof consists of articles which are subject to speedy and natural decay or consists of livestock, that load or part thereof may forthwith be sold under orders of the Commissioners.
The Commissioners at a meeting may grant a lease
(a) of any municipal toll-bar for any period not exceeding three years, and
(b) of any municipal ferry for any period not exceeding three years or with the sanction of the 2727. Words "Provincial Government" first subs, for the words "Local Government" by the 'Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] for a longer period not exceeding nine years.
The Commissioners shall cause a table of tolls legibly written in Bengali 28[and in such other language or languages commonly used in the districts may be decided by the Commissioners at a meeting] to be hung up by the toll collector or lessee of the municipal ferry or toll-bar. in some conspicuous position at each end of every municipal ferry, and in some conspicuous position near every municipal toll-bar so as to be easily read by all persons required to pay the toll.
The Commissioners, or the lessee of any municipal ferry for toll-bar, may compound with any person for a certain sum to be paid by such person for himself, or for any vehicles or animals kept by him, in lieu of the ordinary toll payable.
(1) No tolls shall be paid for the passage of Government stores or the persons in charge of them; or of 2929. Words subs, for the words "police-officers, or of any public or municipal or district board officer" by W.B. Act 51 of 1980. [an officer of the State Government or of Central Government or of any local body] on duty, or of any person in their custody or of any property belonging to them or in their custody, or of any carriage, cart or animal employed by such persons for the transport of such property ; or of conservancy carts or other carriages, carts or animals belonging to the Commissioners or of the persons in charge of them :
Provided that tolls shall be leviable for conveying such animals over a ferry.
(2) The Commissioners or thei
In all cases of resistance to the person authorized to collect tolls, police-officers shall assist, when required, and for the purpose shall have the same powers as they have in the exercise of their ordinary police duties.
No person who is authorized under this Act to collect tolls shall demand or take any higher tolls than the tolls authorized under this Act.
Any lessee of a municipal ferry or toll-bar who demands or takes any higher tolls than the tolls authorized under this Act shall, in addition to any other penalty to which he is liable, be also liable to have his lease cancelled.
If the 3030. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws] Order, 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] has declared that the provisions of the canals Act, 1864, or any other similar law for the time being in force, are applicable to any navigable channel which passes through the limits of a municipality it may, with the consent of the Commissioners at a meeting, appoint the Commissioners to collect tolls, as provided in section 8 of the said Act, until 3030. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] shall otherwise direct ; and the p
The 3030. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may at any time order that the Commissioners, or any person authorized by them, shall cease to levy any tolls under section 213 and may at any time withdraw such orders. Rules.
The 3030. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may make rules
(a) prescribing the qualifications of, and the procedure to be followed by, an assessor 3131. Words "of municipal taxes" om. by Ben. Act 11 of 1936. * * * * * * * appointed under this Act; 3232. Clause (aa) first ins by W.B. Act 50 of 1976, then om. By W.B. Act 51 of 1980. Clause (aa) was as under : "(aa) prescribing the age of superannuation of municipal officers and servants under the proviso to section 75;". * * * * * * * * *
(b) prescribing the procedure to be followed by a committee appointed under s
On the application of the Commissioners at a meeting, the State Government may, by notification, exempt any municipality from the operation of all or any of the provisions contained in sections 217 to 220 and in sections 223 to 229. Building-lines and street alignments of public streets.
(1) If the Commissioners at a meeting consider it expedient to prescribe for any public street a building-line or a street alignment, or both a building-line and a street alignment, they shall give public notice of their intention to do so ; Provided that no building-line shall ordinarily be prescribed for any street laid out and made before the commencement of this Act.
(2) Every such notice shall specify a period within which objections will be received, and a copy of such notice shall be sent by post to every owner of premises abutting on such street who is registered in respect of such premises on the books of the municipality :
Provided that failure or omission to serve such notice on any owner shall invalidate proceedings under this secti
(1) No portion of any buildings or boundary wall shall be erected or added to within a street alignment prescribed under section 217 :
Provided that the Commissioners at a meeting may, in their discretion, permit, additions to a building to be made within a street alignment, if such additions merely add to the height of, and rest upon, an existing building or wall, upon the owner of the building executing, if required to do so by the Commissioners, an agreement binding himself and his successors in interest
(a) not to claim compensation in the event of the Commissioners at any time thereafter calling upon him or such successors, by written notice to remove any addition made to any building in pursuance of such permission, or any portion thereof, and
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(1) The Commissioner may at any time after notice to the owner of the land of their intention take possession of
(a) any land (abutting on a public street) upon which any portion of any building or wall, projecting beyond the front of the adjoining building or wall, which is on either side of such first-mentioned building or wall, has collapsed or been demolished or burnt down, and
(b) any land not covered by buildings (including land on which a building has collapsed or been demolished or burnt down) which is situated within a street alignment prescribed under section 217, after making full compensation to the owner thereof for any direct damage which he may sustain thereby and shall take possession of any land, as specified in clause (b), if the owner thereof calls upon them to do so.
The Commissioners at a meeting may, upon such terms as they think fit, allow any building or wall to be set forward for the purpose of improving the line of a public street. Opening, improvement and closing of public streets, squares and gardens.
The Commissioners in pursuance of a decision arrived at a meeting may
(a) lay out and make new streets, squares and gardens ;
(b) construct new bridges, causeways, culverts and sub-ways ;
(c) turn, divert, or temporarily or permanently close any public street or part thereof, or permanently close any public square or garden ;
(a) widen, open, enlarge, or otherwise improve any public street, square or garden ;
(e) provide at their discretion building sites of such dimensions as they think fit to abut on, adjoin or obtain
(1) When any public street, or part thereof or any public square or garden, is permanently closed under section 221, the Commissioners, in pursuance of a decision arrived at a meeting, may sell or lease the site of so much of the roadway and foot-path as is no longer required, or the site of the square or garden, as the case may be, making due compensation to, or providing means of access for, any person who may suffer damages by such closing.
(2) In determining such compensation allowance shall be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street, square or garden at or about the same time that the public street, square or garden on account of which the compensation is paid is closed. Projected public streets.
(1) The Commissioners at a meeting may from time to time prepare schemes and plans of projected public street, showing the direction of such street, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable.
The provisions of section 218 shall, with all necessary modifications, apply to public street projected under section 223. Special provisions as to private streets.
(1) Any person intending to make or lay out a new private street shall send to the Commissioners a written notice, with plans and sections, showing the following particulars of the
proposed street, namely
(a) the level, width and alignment thereof, and
(b) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining and lighting the street.
(2) The provisions of this Act as to the width of public streets and the height of buildings abutting thereon, and as to projected public streets, shall respectively apply in the case of streets referred to in sub-section (1); and
Except as provided in subsection (6) of section 225, no person shall make or lay out any street referred to in sub-section (1) of section 225
(a) until he has obtained the sanction of the Commissioners under that section, or
(b) in contravention of any orders made thereunder.
(1) If any person makes or lays out any street referred to in sub-section (1) of section 225, without having obtained the sanction of the Commissioners under that section, or in contravention of any orders made thereunder, the Commissioners may whether or not the offenders be prosecuted under this Act, by written notice,
(a) require the offender to show sufficient cause, by a written statement signed by him and sent to the Commissioners on or before such day as may be specified in the notice, why such street should not be altered to conform to the provisions of the rules made under sub-section (1) of section 228 or, if such alteration be impracticable, why such street should not be demolished, or
(b) require the offender to appear before them, either personally or by a duly authorized agent
(1) If any private street or any part thereof be not levelled, paved, metalled, flagged, channelled, sewered, drained or lighted in accordance with the rules to be made by the Commissioners at a meeting for this purpose, they may, by written notice to the owner of such private street or the respective owners of the land fronting, adjoining or abutting upon such street or part, as the case may be, from time to time require them to level, pave, metal, flag, channel, sewer, drain or light such street or part in accordance with the provisions of such rules.
(2) If such notice be not complied with and the Commissioners, under sub-section (2) of section 514, execute the works mentioned or referred to therein, the expenses thereby incurred shall be paid by the owner of such private street or the owners in default, in such proportion as may be
If any private street which conforms to the provisions of this Act referred to in subsection (2) of section 225 be levelled, paved, metalled, flagged, channelled, sewered, drained and lighted in accordance with the provisions of the rules made under sub-section (1) of section 228, and if a majority of
(a) the owners of land or buildings in such street, or
(b) the owners of the street, or
(c) the owners who have paid the expenses referred to in sub-section (2) of section 228, signify in writing their consent thereto, the Commissioners at a meeting shall declare the same, by written notice put up in any part of such street, to be a public street, and thereupon the same shall become a public street and
(1) The Commissioners shall, during the construction on repair of a public street or of any waterworks, drain or premises vested in them, or whenever any public street, waterworks, drain or premises vested in them have, for want of repairs or otherwise, become unsafe for use by the public, take all necessary precautions against accident by
(a) shoring up and protecting adjacent building, and
(b) fixing bars, chains, posts or other barriers across or in any street for the purpose of preventing or diverting traffic during such construction or repair, and
(c) guarding and providing with sufficient lighting from sunset to sunrise any work in progress.
(2) No p
(1) Every person intending to build take down any house, or to alter or repair the outward part of any house, shall, if any public street will be obstructed or rendered inconvenient or dangerous, by means of such work, before beginning the same causes hoardings or fences to be put up to the satisfaction of the Commissioners in order to separate the house where such works are being carried on from the street, and shall keep such hoardings or fences standing and in good condition, to the satisfaction of the Commissioners during such time as the public safety or convenience requires, and shall cause the same to be sufficiently lighted during the night:
Provided that, no person shall put up a hoarding or fence without the written permission of the Commissioners, nor shall he keep up the said hoarding or fence for a time longer than allowe
The Commissioners may grant permission to any person, for such period and on such conditions as they may think fit, to deposit any movable property on any public street, or to make an excavation in any public street, or to enclose the whole or any part of any street, and may charge such fees as they may fix for such permission :
Provided that such person shall make due provision for the passage of the public and shall erect sufficient fences to protect the public from injury, danger or annoyance, and shall light such fences from sunset to sunrise sufficiently for such purpose.
The Commissioners may close temporarily any public street or part thereof for the purpose of repairing such street, or for the purpose of constructing any sewer, drain, culvert or bridge, or for any other public purpose:
Provided that the Commissioner so closing any street shall be bound to provide reasonable means of access for persons occupying holdings adjacent to such street.
The Commissioners at a meeting may make an order closing any public street or part thereof to cart or motor traffic :
Provided that no such order shall remain in force for more than six months without the sanction of the 4646.Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. (3) Every such license shall remain in force until rescinded by the Commissioners at a meeting. (4) For every such license there shall be paid annually a fee to be fixed by the Commissioners at a meeting : Provided that a platform erected, re-erected or extended upon or over any public street or drain before the commencement of this Act with the permission of the Commissioners at a meeting shall be allowed to remain
(1) No person shall put up any verandah, balcony, sunshade, weather- frame or the like to project over any public street without the written permission of the Commissioners.
(2) Subject to any rules made by the 4646.Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. (3) Every such license shall remain in force until rescinded by the Commissioners at a meeting. (4) For every such license there shall be paid annually a fee to be fixed by the Commissioners at a meeting : Provided that a platform erected, re-erected or extended upon or over any public street or drain before the commencement of this Act with the permission of the Commissioners at a
(1) No platform shall be erected or extended upon or over any public street or drain without the previous sanction of the Commissioners at a meeting.
(2) The owner of every platform, except platforms which are used for giving such access to the houses as the Commissioners may consider necessary, shall, if the Commissioners at a meeting so direct, take out a license for keeping the platform.
Whenever any building, wall, revetment or other erection or any part thereof, or any tree, stone, soil or debris from private premises falls down or is caused to fall down and obstructs or encumbers any public street or drain, the Commissioners may remove such obstruction or encumbrance at the expense of the owner of the same, or may require him to remove the same within such time as to the Commissioners may seem fit.
(1) No person shall, without the consent of the Commissioners, dig or cut up a public street in order to provide for the passage of water or for any other purpose.
(2) Whoever contravenes the provisions of this section shall, in addition to any other penalty imposed under this Act, be bound to pay the expenses incurred in filling up any excavation made by him or on his behalf in any such public street.
The Commissioners may, by notice, require the owner or occupier of any building or land abutting on a street to put up and keep in good condition proper troughs and pipes for receiving and carrying off the water from the building or land, and for discharging the same in such manner as the Commissioners may think fit, so as not to inconvenience persons passing along the street.
(1) The Commissioners
(a) may, without notice themselves or by any officer authorized by them in writing in this behalf remove, alter or otherwise deal with any wall, hoarding, scaffolding, fence, rail, post, platform or other projection, obstruction or encroachment 4747. Words, figures and brackets "(not being a portion of a building or fixture referred to in section 241}" om. by W.B. Act 51 of 1980. ****** which has, without first obtaining their written permission been erected or set up in, over, above or upon any house-gully, or any public street, sewer, drain, aqueduct, water-course or ghat;
(b) may issue a notice requiring any person to remove any wall, hoarding, scaffolding, fence, rail, post, platform or other projection, obstruction, or encroachment 4747. Words, figures and bracket
(1) When any verandah, platform or other similar structure or any fixture attached to a building so as to form part of the building, whether erected before or after the commencement of this Act, causes a projection, encroachment or obstruction over or on any house-gully or public street or any land vested in the Commissioners they may, by written notice, require the owner or occupier of the building to remove or alter such structure or Fixture.
(2) If the expense of removing or altering any such structure or fixture is paid by the occupier of the building in any case in which the same was not erected by himself, he shall be entitled to deduct any reasonable expense incurred for the purposes of such removal or alteration from the rent payable by him to the owner of the building.
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The Commissioners may require the owner or occupier of any land within three days to trim or prune the hedges thereon bordering on any public street or drain and to cut and trim any trees thereon overhanging any public street or drain or tank or any well used for drinking purposes, or obstructing any public street or drain or any property of the Commissioners, or likely to cause damage to any person using any public street to fouling or likely to foul the water of any well or tank.
Whenever any public street or drain or any other municipal property is damaged, washed away or eroded by any private pool, ditch, tank, pond, pit or other excavation which exists by the side of such street, drain or property, the Commissioners may, by written notice, require the owner or occupier of the land on which such pool, ditch, tank, pond, pit or excavation is situated to repair the damage and to restore the street, drain or property to its original condition as far possible within one month from the date of the service of such notice,
Secs. 244. 244A. and 244B first subs, for original sec. 244 by W.B.Act 28 of 1976, then sec. (1) The Commissioners at a meeting may cause a name to be given to any public street or square and to be affixed in such place as they may think fit, and may also cause a number to be affixed to every house, and in like manner may. from time to time, cause such names and numbers to be altered.
(2) No person shall destroy, pull down, deface or alter any name or number put up by the Commissioners under the authority of sub-section (1). 5151. Secs. 244A and 244B om. by W.B. Act 51 of 1980 which were as under : "244A. Names of streets and squares. (1) Whenever the Commissioners intend to determine the name by which any public street or square is to be known or change the name already determined, they shall refer the proposal to an Advisory Committe
The Commissioners at a meeting may make by-laws
(a) to regulate or prohibit any description of traffic on public street, or on approaches to ghats or public ferries and to prevent obstructions, encroachments, or excavations on or near such streets, ghats or ferries;
(b) to prevent, prohibit or regulate the use or occupation of any or all public streets or places by any person for the sale of articles or for the
(c) to determine the information and plans to be furnished to the Commissioners under section 225 : and
(d) to regulate the conditions on which permission may be given under section 235 with reference
The Commissioners at a meeting shall provide for the removal
(a) of sewage, rubbish and offensive matter from all public latrines, urinals and drains, and from all public streets and all other property vested in the Commissioners, and
(b) 5252. Words and figures "in any municipality wherein a conservancy-rate has been imposed under section 123" om. by W.B. Act 51 of 1980. ******** of sewage and offensive matter from all private latrines, urinals and cess-pools, and for the disposal of 5353. Words ins. by Ben. Act 11 of 1936. [and, if so required by the State Government, the preparation of compost manure from] such sewage, rubbish or offensive matter and for the cleaning of such latrines, urinals, drains and cess-pools, and shall maintain sufficient establishment, animals, carts, sewers, pum
The Commissioners at a meeting may from time to time publish an order prescribing the hours within which and the manner in which sewage, rubbish and offensive matter may be removed.
All servants of the Commissioners employed for the purposes of this chapter may, within such hours as may be fixed from time to time by the Commissioners at a meeting, enter on any premises 5454. Words "of which the occupier or owner is liable to pay a conservancy-rate" orn. by W. B. Act 51 of 1960. * * * * *** and do all things necessary for the performance of their duties under this chapter.
in certain municipalities, In any municipality 5555. Words subs. for (he words "allow his servant to place" by W. B. Act 27 of 1955. [or part thereof] 5656. Words "wherin a conservancy-rate has not been imposed." om. by W. B. Act 51 of 1980. **** * the Commissioners at a meeting may provide places convenient for the deposit of sewage, rubbish and offensive matter and may require the occupiers of houses to cause the same to be deposited daily or at other stated intervals in such places, and may remove the same at the expense of the occupier from any house, if the occupier thereof fails to do so as required by this section.
(1) The Commissioners at a meeting may from time to time publish an order prescribing the hours within which only an occupier of any house or land may place rubbish or offensive matter on the public street adjacent to his house or land in a proper receptacle provided by the Commissioners in order that such rubbish or offensive matter may be removed by the servants of the Commissioners.
(2) No person shall place or 5757. Words subs, for the words "allow his servant to place" by W.B. Act 27 of 1955. [cause to be placed] rubbish or offensive matter on a public street at other than the times appointed and except in the receptacles provided by the Commissioners under sub-section (1) .
(1)The Commissioners at a meeting may contract with the occupier of any premises to remove rubbish or offensive matter direct therefrom and may charge fees in this behalf.
(2) When building operations are being carried on in any premises or when any premises are used for carrying on any manufacture, trade, or business, the Commissioners may,
(a) by written notice, direct the occupier of such premises to collect all rubbish and offensive matter accumulating on such premises in the course of such operations, manufacture, trade or business and to remove the same, at such times in such carts or receptacles, and by such routes as may be specified in the notice to a place provided or appointed in this behalf by the Commissioners, or
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No person who, being the occupier of a house in or near a public street, shall keep or allow to be kept, for more than twenty-four hours, or for more than such shorter time as may be fixed by the Commissioners at a meeting, otherwise than in some proper receptacle, any dirt, dung, bones, ashes, nightsoil or filth or any noxious or offensive matter in or upon such house, or in any outhouse, yard or ground attached to and occupied with such house, nor shall any person suffer such receptacle to be in a filthy or noxious state, or neglect to employ proper means to cleanse the same.
No person shall
(i) throw or put or cause or permit to be thrown or put, any sewage or offensive matter upon any street, or drop, pass or place, or cause to be dropped, passed or placed, into or in any drain, any brick, stones, earth or ashes or any substance or matter, by which or by reason of the amount of which such drain is likely to be obstructed ; or
(ii) without the permission of the Commissioners pass, or permit or cause to be passed, into any drain provided for a particular purpose any matter or liquid for the conveyance of which such drain was not provided; or
(iii) without the permission of the Commissioners cause or suffer to be discharged into any drain from any factory, bakehouse, disti
(1) Whenever an animal in the charge of a person dies, otherwise than by being slaughtered either for sale or consumption or for some religious purpose, the person in charge thereof shall, either
(a) convey the carcass within twenty-four hours to a place (if any) fixed by the Commissioners for the disposal of the dead bodies of animals, or to a place beyond municipal limits not being within one mile of those limits, or
(b) give notice of the death within six hours to the Commissioners whereupon the Commissioners shall cause the carcass to be disposed of.
(2) For the disposal of the carcass under clause (b) of sub-section (1), the Commissioners may charge such fee as they may determine at a meeting an
All things deposited in places provided or appointed under this chapter for the deposit of sewage, offensive matter, rubbish and carcasses of animals, shall be the property of the Commissioners.
The Commissioners in pursuance of a decision arrived at a meeting shall provide and maintain in sufficient numbers and in proper situations public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order and to be properly cleansed.
(1) When application is made to erect or materially alter any building
(i) intended for human habitation, or
(ii) at or in which labourers or workmen are to be employed, the Commissioners may direct that such privy and urinal accommodation shall be provided as they consider to be suitable therefor.
5858. Sub-sec. (2) subs, by W. B. Act 51 of 1980 which was earlier as under : "(2) In directing the provision of any such accomodation the Commissioners may determine in each case (a) where an underground sewerage system has been provided, whether such building shall be provided with service or connected privies or urinals, or partly with one and partly with the other; and (b) what shall be the site or pos
(1) When any premises intended for human habitation are without privy or urinal accommodation, or if the Commissioners are of opinion that the existing privy or urinal accommodation available for the persons occupying or employed in any premises is insufficient, inefficient, or on any grounds objectionable, the Commissioners may, by written notice, require the owner of such premises
(a) to provide such, or such additional, privy or urinal accommodation as they may prescribe ; or
(b) to make such structural or other alterations in the existing privy or urinal accommodation as they may prescribe ; or
(c) where there is an underground sewerage system, to substitute connected privy or connected urinal accommodation for any service- privy or service-u
When by-laws have been framed under section 269 or section 277 no person shall construct, renew, rebuild, remove, obstruct, destroy ; or change any house-drain, cesspool, privy, sink, or urinal or appurtenances thereof, in contravention of any such, by-law or any notice issued or direction given thereunder or without the written permission of the Commissioners at a meeting.
No person shall, without the written permission of the Commissioners at a meeting, construct or keep any house-drain, service-privy, urinal or cess-pool within fifty feet of any tank, well, or water-course or any reservoir for the storage of water or construct any privy with a door or tap-door opening into any road or drain.
(1) All latrines, urinals, sinks, cess-pools and drains shall be subject to the control of the Commissioners and the Commissioners or any officer authorized by them in this behalf may inspect any latrine, urinal, cess-pool, sink, drain or receptacle for sewage or offensive matter at any time between sunrise and sunset, after notice in writing to the occupier of the premises in which such latrine, urinal, cess-pool, sink, drain or receptacle is situated and may, if necessaiy, cause the ground to be opened where they or he may think fit for the purpose of inspection or of preventing or removing any nuisance arising from such latrine, urinal, cess-pool, sink, drain or receptacle.
(2) The expense of such inspection and of causing the ground to be closed and made good as before shall be borne by the Commissioners, unless the latrine, urinal
(1) The Commissioners may require by notice the owner or occupier of any land or building, within a period to be specified in the notice,
(a) to close, remove, alter, repair, disinfect or put in good order any cesspool, drain or receptacle for sewage, offensive matter or rubbish pertaining to such land or building, to provide to their satisfaction access from a house-gully or lane to any service-privy or service-urinal in or on such land or building, or to demolish any privy or urinal constructed, rebuilt or altered in or such land or building in contravention of section 261 or any by-law framed under section 269 or section 277;
(b) to provide such cess-pools, drains or receptacles for sewage, offensive matter or rubbish, as should , in their opinion be provided for the building or land whe
(1) Where a privy or privies belonging to one or more premises are so placed as in the opinion of the Commissioners to afford to the municipal conservancy staff no suitable means of access thereto for the purpose of cleansing such privy or privies, the Commissioners may, by written notice to the owner or owners of such privy or privies, require them to provide a house-gully of such dimensions and so paved and drained as they may think necessary for such purpose.
(2) If such notice be not complied with within the time fixed by the Commissioners, they may themselves acquire land and construct such house- gully, and the expenses thereby incurred shall be paid by the owner in default, and where, there is more than one owner, by the owners in such proportion as may be settled
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When, under subsection (1) of section 263, an owner or occupier is required by the Commissioners to use disinfectants the Commissioners may themselves supply disinfectants or deodorants for such use at cost price, and the expenses thereby incurred shall be considered as an arrear of tax, and be recoverable as such from the owner of the cess-pool, drain or receptacle, as the case may be, or the Commissioners at a meeting may, if they think fit, order that such expense shall be paid from the Municipal Fund.
The owner or occupier of any premises to which any latrine, urinal, cess-pool, drain or other receptacle for sewage or offensive matter pertains, shall keep in a proper state such latrine, urinal, cess-pool, drain or other receptacle :
Provided that no person 6565. Words "who pays a conservancy-rate" om. by W. B. Act 51 of 1980. ******** shall be liable to punishment for non-compliance with the provisions of this section where the default is exclusively due to the failure of this section where the default is exclusively due to the failure of this Commissioners to perform their obligations under this Act.
The Commissioners in pursuance of a decision arrived at a meeting shall make any special scavenging arrangements that may be necessary on occasions of fairs, festivals or other large assemblies of people, and in the case of such assemblies held in connection with any place of pilgrimage in or within two miles of the municipality, the Commissioners may require the persons having control over such place of pilgrimage to make such contribution as the 6666. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may on each such occasion approve towards the cost of such arrangements.
Where in the opinion of the Commissioners at a meeting the accumulation of rubbish, sewage or offensive matter on any premises, or the amount of rubbish, sewage or offensive matter from any premises deposited on any place other than a place set apart by the Commissioners for the disposal of rubbish, sewage or offensive matter is excessive, they may sanction the employment of special establishment for the cleansing of such premises or for the removal of such rubbish, sewage or offensive matter and may impose on the owner or occupier of such premises such fee as they may deem proper to defray the cost of such establishment. By-laws relating to conservancy.
The Commissioners at a meeting may make by-laws
(a) regulating the disposal of sewage, offensive matter, the carcasses of animals and rubbish;
(b) requiring notice of intention to construct, repair or alter a privy or urinal or any appurtenances thereof and determining the plans, specifications or other particulars to be furnished therewith ;
(c) regulating the giving or refusing of sanction to the construction, repair or alteration of privies or urinals or appurtenances thereof, their position, design, ventilation, flooring, drainage, and providing for their proper and efficient maintenance.
(d) where there i
The Commissioners in pursuance of a decision arrived at a meeting may construct within or, subject to the sanction of the 66(State Government), outside the municipality, such drains as they think necessary for keeping the municipality properly cleansed and drained and may carry such drains through, across or under any street: Provided that no drain shall be constructed within the limits of a Cantonment without the approval of the "[State Government] and otherwise than with the concurrence of the Officer Commanding-in-chief the Command in which such Cantonment is situated or, in the event of such concurrence being withheld, with the previous sanction of the 6767. Words subs, for the words "Governor General in Council" by the Government of India (Adaptation of Indian Laws) Order, 1937. [Central Government].
(1) The Commissioners in pursuance of a decision arrived at a meeting may, from time to time, enlarge, lessen, alter the course of, cover in or otherwise improve a municipal drain and may discontinue, close up or remove any such drain.
(2) The exercise of the power conferred by sub-section (1) shall be subject to the condition that the Commissioners shall provide another and equally effective drain in place of any existing drain of the use of which any person is deprived by the exercise of the said power.
The owner or occupier of a building or land shall be entitled to cause his drains to empty into the municipal drains, provided that he first obtains the written permission of the Commissioners, and that he complies with such conditions, consistent with any by-law, as the Commissioners at a meeting prescribe, as to the mode in which and the superintendence under which the communications are to be made between private drains and municipal drains.
No person shall, without the written consent of the Commissioners first obtained, make or cause to be made, or alter, or cause to be altered, any drain or branch drain leading into any of the municipal sewers or drains or into any watercourse, street or land vested in the Commissioners, and the Commissioners, may cause any drain or branch drain so made or altered, to be demolished, altered, remade or otherwise dealt with as they shall think fit; and the expenses thereby Incurred shall be paid by the persons making or altering such drain.
(1) If it appears to the Commissioners at a meeting that a group or block of buildings may be drained or improved more economically or advantageously in combination than separately, and if a municipal sewer or drain of sufficient size already exists or is about to be constructed within one hundred feet of any part of such group or block of buildings, the Commissioners may cause such group or block of houses to be so drained and improved, and the expenses thereby incurred shall be recovered from the owners of such buildings, in such proportions as shall to the Commissioners seem fit.
(2) Not less than one month before any such work is commenced the Commissioners shall give to each such owner
(a) written notice of the nature of the proposed work
When any premises are, in the opinion of the Commissioners at a meeting, without sufficient means of effectual drainage, and a municipal drain or some place approved by the Commissioners for the discharge or drainage is situated at a distance not exceeding 68{30.48 metres] from any part of the said premises, they may, by written notice, require the owner of the said premises I
(a) to make a house-drain, emptying into such municipal drain or place, of such material, size and description and with such flushing arrangements as the Commissioners may prescribe ;
(b) to remove any existing house-drain, or other appliance or things used or intended to be used for drainage, which is injurious to health : Provided that the land necessary for making the house-drain empty into the municipal drain or a
When any premises are, in the opinion of the Commissioners at a meeting, without sufficient means of effectual drainage, and there is no municipal drain within one hundred feet of any part of the said premises, they may, by written notice require the owner of the premises to construct
(a) a close cess-pool of such material, size and description, and in such position, as they may prescribe, and
(b) a house-drain communicating with such closed cess-pool. By-laws relating to drainage
The Commissioners at a meeting may make by-laws
(a) requiring every person who intends to construct, repair, add to or alter a house-drain or cess-pool, to submit an application to the Commissioners with such plans and other particulars as may be prescribed and regulating the giving and refusing of sanction to such application ; and
(b) regulating the material, size, laying, flushing, ventilation, trapping, and position of drains and generally their construction, repair and maintenance.
(1) It shall be lawful for the Commissioners of every municipality
(a) to provide a sufficient supply of water for the domestic use of the inhabitants;
(b) to provide any maintain a sufficient system of drainage and conservancy ; and
(c) to cause the public streets to be sufficiently lighted.
6969. Sub-sec. (2) om. by W. B. Act 51 of 1980 which was as under: (2) When it has been determined that a water-rate, conservancy-rate, or lighting-rate shall be imposed within a municipality the Commissioners shall (a) provide a sufficient supply of water for the domestic use of the inhabitants ; or (b) provide and maintain a sufficient system of drainage and conservancy ; or (c) cause the public streets to be su
(1)Subject to the rules made by the 7070. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] under section 311 and in accordance with sanction granted under those rules, the Commissioners of any municipality or such Commissioners acting conjointly with any other local authority, may in pursuance of a decision arrived at a meeting, within or without a municipality,
(a) construct water works, or drainage or sewerage works or works required for the introduction of a system of lighting by electricity, gas or otherwise, and
(b) from time to time enlarge, lessen, alter the course of, o
The [State Government] may, on the application of the Commissioners at a meeting or of the local authority acting with them under the provisions of section 279, direct that any works specified in any scheme or joint scheme for the purposes of section 279 shall be executed by an officer to be appointed by the [State Government] and shall fix the remuneration of such officer (provided that the cost of the scheme as sanctioned be not exceeded) and may specify a period within which the work shall be completed, and may extend such period from time to time as may be necessary.
Sec. 281 om. by W. B. Act 51 of 1980, which was as under : "281. Power to compel municipality to provide proper drainage, sewerage, etc. (1) If at any time at appears to the State Government that the Commissioners of any municipality have made default In providing their municipality or any part of it with proper and sufficient drains or sewers or in providing a good and sufficient supply of water or lighting, having regard to the financial resources of the municipality, and that danger arises from such default to the health or safety of the Inhabitants of the municipality or any pan of it, the State Government may cause a scheme of drainage, sewerage, lighting or water-supply to be prepared by such persons as it may depute for the purpose. (2) When a scheme has been prepared for a municipality under sub-section (1), the State Government may call upon the Commissioners of such municipality to show cause at a meeting why they s
Sec. 282 om. by W. B. Act 51 of 1980 which was as under: "282. Power to compel execution of joint drainage schemes, etc. (1) If the State Government is of opinion that the conditions described In sub-section (1) of section 281, prevail in two or more adjoining municipalities, or any part thereof and that in the Interests of efficiency and economy, a Joint drainage, sewerage, lighting or water-supply scheme should be prepared for both or all such municipalities or any part thereof, it may cause a joint scheme to be prepared accordingly. (2) All the provisions of section 281 shall apply mutatis mutandis to such joint scheme and the State Government shall determine what proportion of the cost of preparing, executing and maintaining such scheme shall be borne by the Commissioners of each municipality concerned.". ********
Secs. 283 and 284 om. by W. B. Act 51 of 1980 which were as under: "283. Extension of drainage scheme, etc. (1) Where the State Government causes a scheme to be prepared under section 281 or section 282 and the Commissioners of the municipality or municipalities concerned and the local authority or local authorities of any other area or areas apply to have the scheme extended so as to serve such area or areas, the State Government may, by order notify its general approval to such extension, determine what proportion of the cost of preparing, executing and maintaining the scheme shall be paid by such other local authority or authorities and prescribe conditions for the punctual payment of such proportion. (2) A copy of such order shall be sent to the Commissioners of each municipality concerned and to such other local authority or local authorities, and if they request that the proposed extension of the scheme shall be made, t
Secs. 283 and 284 om. by W. B. Act 51 of 1980 which were as under: "283. Extension of drainage scheme, etc. (1) Where the State Government causes a scheme to be prepared under section 281 or section 282 and the Commissioners of the municipality or municipalities concerned and the local authority or local authorities of any other area or areas apply to have the scheme extended so as to serve such area or areas, the State Government may, by order notify its general approval to such extension, determine what proportion of the cost of preparing, executing and maintaining the scheme shall be paid by such other local authority or authorities and prescribe conditions for the punctual payment of such proportion. (2) A copy of such order shall be sent to the Commissioners of each municipality concerned and to such other local authority or local authorities, and if they request that the proposed extension of the scheme shall be made, t
(1) If at any time it appears to the 7474. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] that any drainage works, sewerage works, lighting works or water works executed under the provisions of 7575. Word and figures subs, for the word and figures "sections 279, 281, 282 or 283" by W. B. Act 51 of 1980. [section 279], or vested in the Commissioners of any municipality are maintained or worked in an imperfect, inefficient or unsuitable manner, the 7474. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Governmen
(1) The Commissioners may carry any pipe, drain, sewer or channel of any kind for the purpose of providing or of carrying out and establishing or maintaining a system of drainage, sewerage, lighting or water-supply through, across, under or over any street or place, laid out as, or intended for, a street, and after giving reasonable notice in writing to the owner or occupier, into, through, across, under, over or up the side of any land or building whatsoever, situate within the limits of the municipality, and, for the purpose of introduction, or distribution of light or water, or for the outfall of water, or for the removal or outfall of sewage, or for drainage outfall, without such limits, and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such pipe, drain, sewer or channel, as-the case may be. in an effective state for the purpose for which the same may be used
In the event of any pipe, drain, sewer or channel being laid or carried above the surface or any land or through, over, or up the side of any building, such pipe, drain, sewer or channel, as the case may be, shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building, and reasonable compensation shall be paid in respect of any substantial interference with any such right to such enjoyment.
Except in cases to which section 293 relates, the Commissioners shall cause not less than one month's notice in writing to be given to the owner or any occupier before commencing operations under section 286.
(1) Subject to the prescribed conditions and restrictions and to such terms as the Commissioners may from time to time determine, the Commissioners at a meeting may
(a) on application of the owner or occupier of any house or land 84(in respect of which the consolidated rate is paid], make or cause, or permit to be made communication or connection from any main, or distribution pipe, belonging to the Commissioners for the purpose of leading water or gas to such house or land, or
(b) on the application of the owner or occupier of any house or land make, or cause or permit to be made, any connection or communication to such house or land from any drain, sewer, or channel constructed or maintained by or vested in the Commissioners.
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Figure and brackets are unnecessary here. (1) In any case in which a service-pipe from a main supplies water to two or more holdings, the Commissioners may, by written notice, require the owner of
The Commissioners may establish meters for the purpose of testing the quantity or quality of any gas supplied to the house or land of any person or to or for the use of any person or business.
For the purpose of measuring and recording the amount of water consumed, the Commissioners may fix a meter at a convenient point [inside the holding of the consumer].
(1) Any officer authorized in this behalf by the Commissioners may, between the hours of seven in the forenoon and five in the afternoon, enter into or on any house or land for the purpose of inspecting or repairing any water, gas or other installation and for taking readings of meters connected therewith.
(2) If such officer at any such time is refused admittance into such house or land for the purposes aforesaid, or is prevented from making such examination, the Commissioners may forthwith cut off the supply of gas or water, as the case may be, from such house or land :
Provided that nothing hereinbefore contained shall authorize an entry into any room appropriated to women, unless reasonable notice In writing and opportunity is given to enab
Whenever water or gas is supplied under this chapter through a meter, it shall be presumed that the quantity or quality indicated by the meter has been consumed until the contrary is proved.
The expense of providing, attaching and replacing a meter shall be borne by the person requiring the supply or, if the service-pipe or connection has been laid down or made before the commencement of this Act, by the owner of the house or land, except in the case of a special agreement to the contrary between the owner and the occupier. Such expense shall be recovered in one or more installments according as the Commissioners think proper :
Provided that the Commissioners shall bear the cost of maintaining meter in good order and replacing a meter which is out of order or under repair owing to an inherent defect .and not owing to its having been tampered with.
When any meter attached to the service-pipe or connection of any house or land is out of order or under repair, the Commissioners shall forthwith replace it by another meter.
(1) If the owner or occupier of any house or land to which water or gas is supplied through a meter desires to have the meter 86. Words subs for the words "between the holding of the consumer and the municipal main" by W.B. Act 51 of 1980. tested, he may send a written application to the Commissioners, and such application shall be accompanied by a fee of 8787. Words subs, for the words "two rupees" by W. B. Act 51 of 1980. [five rupees].
(2) Upon receipt of any such application and fee the Commissioners shall forthwith cause such meter to be tested at a time and place to be specified in a notice to be served upon such owner or occupier.
(3) If such meter is found, upon being so tested, to be incorrect by more than two per cent, the said fee sha
(1) No person shall fraudulently
(a) alter the index to any meter, or prevent any meter from duly registering the quantity or quality of water or gas supplied, or
(b) abstract or use water or gas before it has been registered by a meter, set up for the purpose of testing the quantity or quality of the same.
(2) Where there has been any such alteration, prevention, abstraction or use the existence of artificial means under the control of the consumer for causing any such alteration, prevention, abstraction or use shall be evidence that the consumer has fraudulently effected the same.
No person shall willfully or negligently injure or suffer to be injured any meter or any of the fittings of any meter.
The Commissioners at a meeting shall from time to time determine what supply of water for domestic purposes shall be maintained in their service-pipes and mains, and during what hours such supply shall be continued.
(1) The Commissioners at a meeting may supply and may at any time after giving reasonable notice cease to supply water for purposes other than domestic purposes.
(2) For all water supplied under sub-section (1) payment shall be made at such rates and on such conditions as the Commissioners at a meeting may from time to time prescribe.
(1) The occupier of every premises to which water is supplied by the Commissioners under this chapter shall be entitled to have, 8888. Words "for each rupee paid quarterly as the water-rate on account of such premises and" om. by W. B. Act 51 of 1980. ******* free of further charge such quantity of water per quarter for domestic purposes as the Commissioners at a meeting may from time to time prescribe.
(2) All water supplied in excess of the free allowance to which an occupier is entitled under sub-section (1) shall be paid for by him at a rate to be fixed from time to time by the Commissioners at a meeting.
(3) If such premises are ordinarily occupied by two or more persons holding in severalty, the owner shall be liable for water supplied in
(1) Before a connection for the supply of water from the distribution mains of the Commissioners to any premises is sanctioned, the Commissioners may cause all the works, pipes and fittings within the said premises to be inspected by an officer appointed by them in this behalf.
(2) The cost of such inspection shall be payable in advance by the person applying for such connection at such rates as the Commissioners at a meeting shall from time to time direct.
(3) Until such officer has certified to the Commissioners that the works, pipes and fittings have been executed and put up in a satisfactory manner a connection with the Commissioner's service pipes shall not be permitted.
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The Commissioners at a meeting may with the sanction of, and on such terms (if any) as may be approved by the 8989. Words "Provincial Government" first subs, for the words "Local Government" by the Government of lndla (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government], supply water to a local authority or other person outside the municipality.
No person
(i) shall take, or cause to be taken for use outside the limits of the municipality water supplied by the Commissioners, without the permission of the Commissioners given under section 304 or in contravention of any conditions which they may prescribe ;
(ii) being the occupier of any premises to which water is supplied by the Commissioners under this chapter, shall, from negligence or other circumstances under the control of the said occupier, allow the water to be wasted, or allow the pipes, works or fittings for the supply of water in his premises to be out of repair so as to cause waste of water;
(iii) shall otherwise cause waste of water supplied by the Commissioners;
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Except in the case of a special agreement to the contrary, the owner of any premises shall bear the expenses of keeping all works connected with the supply of water to such premises in substantial repair, and if he fails to do so, the occupier may, after giving the owner three days' notice in writing, himself have the repairs executed and deduct the expenses thereof from any rent which is due from him to the owner in respect of such premises :
Provided that nothing in this section shall affect the liabilities of parties under leases executed previous to the extension of this chapter to the municipality in which the said premises are situated.
No work for introducing a supply of water to any premises shall be commenced by the owner without sending a specification and estimate of the cost thereof to the occupier, nor by the occupier without sending such specification and estimate to the owner.
The Commissioners at a meeting may, if they think fit, take charge of all communication-pipes and fittings of any existing private water-works connected with the municipal water-supply up to and including the stop-cock nearest the supply-main for the said works, and such communication-pipes and fittings shall thereafter vest in and be maintained at the expense of, the Commissioners as municipal water-works.
(1) Notwithstanding anything contained in this chapter the Commissioners may cut off the connection between any of their water-works and any premises to which water is supplied from such works, or may turn off such supply, in any of the following cases, namely :
(a) if the premises are unoccupied ; or
(b) if, after receipt of a written notice from the Commissioners requiring him to refrain from so doing, the owner or occupier of the premises continues to use the water or to permit the same to be used in contravention of this Act or any rule or by-law made thereunder ; or
(c) if the occupier of the premises contravenes section 298, section 299, sub-section (3) of section 301 or section 305 ; or
(d) if a
Notwithstanding anything in this chapter all matters relating to the generation, transmission, supply or use of electrical energy in a municipality shall be regulated by the provisions of the Indian Electricity Act, 1910.
The 9494. Words "Provincial Government" first subs, for the words "Local Government" by the Government of lndia (Adaptation of Indian Laws) Order. 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may make rules to regulate
(a) the preparation of plans and estimates for water works or for the introduction of a system of lighting by electricity, or gas. or of drainage or sewerage, where such works or system are or is to be partly or wholly constructed or carried out at the expense of the Commissioners;
(b) the power of the Commissioners or the 9494. Words "Provincial Government" first subs, for the words "Local Government" by the Government of lndia (Adaptation of Indian Laws) Order. 1937 and. thereafter, the word
Sec. 312 subs, by W. B. Act 51 of 1980 which was earlier as under : "312. Application of Schedule VI, etc. (1) The State Government may, by notification, declare that Schedule VI or any part thereof shall be in force in such municipalities as may be specified in the notification and may, on the application of the Commissioners of a municipality, cancel or modify such notification In respect of any municipality so specified. (2) The provisions contained in sections 315, 317 to 327 and 329 shall not apply to any municipality, unless and until they have been extended thereto by a notification Issued by the Stale Government when Schedule VI or any part thereof is brought into force under subsection (I) : Provided that in the case of any municipality to which the provisions of Part VI of the Bengal Municipal Act, 1884. corresponding to the provisions of sections 315, 317 to 327 and 329 are in force immediately before the commencem
Section 312 of the Bengal Municipal Act, 1932, pertains to the powers and penalties related to injuring municipal property, specifically meters and fittings. It is part of the broader framework governing municipal administration and enforcement of municipal regulations in Bengal.
Section 312 provides for penalties against individuals who willfully or negligently injure or damage meters or fittings belonging to the municipality. It establishes the liability and the nature of punishment for such acts.
The section applies specifically to meters and fittings owned by the municipality, including water meters, electrical meters, or other fittings integral to municipal services. It aims to protect municipal assets from damage or sabotage.
The section prescribes penalties, typically a fine, for contravention. The exact quantum of fine and procedural aspects are detailed elsewhere in the Act or related legal provisions, emphasizing that the offense is of a technical nature.
Note: The analysis is based on the available sources and references, emphasizing the legal framework and enforcement aspects of Section 312 of the Bengal Municipal Act, 1932.
No piece of land shall be used as a site for the erection of a building and no building shall be erected otherwise than in accordance with the provisions of this chapter and of any rule or by-law made under this Act, relating to the use of building-sites or to the erection of buildings, as the case may be, and in municipalities where Schedule VI or part thereof is in force, in accordance with that Schedule or part thereof.
If any question arises as to what, for the purposes of this Act, shall be deemed to be the site of any proposed masonry or framed building, the Commissioners at a meeting shall determine the same, and their decision shall be final.
(1) Save with the special permission of the Commissioner at a meeting, no building (other than a hut) shall be erected unless
(a) the site of such building abuts on a public street, or a projected public street or a private street duly sanctioned and constructed in accordance with the provisions of this Act, or existing before the commencement of this Act, or
(b) there is access to the building from any such street by a passage or pathway, appertaining to such site, and not less than 9898. Word and figures subs, for the words "six feet" by W. B. Act 51 of 1980. [1.83 metres] wide at any part.
(2) No building shall be erected so as to deprive any masonry or framed building of the means of access as pr
The following buildings shall be exempted from the operation of sections 315, 317 to 327 and 329, namely : 9999. Clause (a) om. by W. B. Act 51 of 1980 which was under ; "(a) any building erected and used, or Intended to be erected and used, exclusively for the purpose of accommodating a pump for pumping water to the highest stories of a building, or exclusively for the purpose of a plant-house, summer-house [not being a dwelling- house) , poultry house or aviary, if the building be wholly detached from, and at a distance of at least ten feet from, the nearest adjacent building ;". (b) any building erected or intended to be erected by, or with the sanction of the Commissioners, for use solely as a temporary hospital for the reception and treatment of persons suffering from any infectious or contagious disease; and (c) any hoarding or like means of protection (other than a masonry wall) which the owner of any premises certifie
Every person who intends to erect a building shall first submit an application in the form prescribed in Schedule VI to the Commissioners together with such plans, specifications and other particulars as may be prescribed in that Schedule or in any rule or by-law made in this behalf.
(1) Within thirty days, or in the case of huts, within fifteen days after the receipt of any application made under section 317, or of any information or documents, which the Commissioners may reasonably require the applicant to furnish before deciding whether permission shall be granted to execute any work under the aforesaid section, the Commissioners shall, by written order, either
(a) grant permission conditionally or unconditionally to execute the work, or
(b) refuse, on one or more of the grounds mentioned in section 322, to grant such permission.
(2) When the Commissioners grant permission conditionally under clause
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The only grounds on which permission to erect a building may be refused are the following, namely :
(a) that the work, or any of the particulars comprised in the plans or specifications would contravene some specific provision of this Act or of Schedule VI or of some specific rule or by-law made in this behalf; or
(b) that the application for such permission does not contain the particulars or is not prepared in the manner prescribed in Schedule VI or in any rule or by-law made in this behalf; or
(c) that any of the documents referred to in Schedule VI or in any rule or by-law made in this behalf have not been signed in the manner prescribed ; or
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(1)The Commissioners at a meeting may, by public notice, direct that, within certain limits to be fixed by them, the roofs and external walls of huts or other buildings shall not be made or renewed with grass, mats, leaves or other highly inflammable materials without their consent in writing.
(2) The Commissioners at a meeting may, at any time by written notice, require the owner of any building which has an external roof or wall made of any such materials as aforesaid to remove such roof or wall within such reasonable time as shall be specified in the notice, notwithstanding that a 4, Word subs, for the word "Commissioners at a meeting" by W. B. Act 51 of 1980. public notice under sub-section (1) has not been issued or that such roof or wall was made with the consent of the Commissioners or before the issue of such public notice, if
If, at any time, permission to erect any masonry or framed building has been given, and the Commissioners at a meeting are satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the application made under section 317, or in the plans, elevations, sections or specifications submitted therewith in respect of such building, they may cancel such permission, and any work done thereunder shall be deemed to have been lone without permission.
(1) A permission to erect a building granted under this Chapter shall be valid for two years from the date on which it is granted and may be renewed thereafter for a further period of two years on payment of a fee of ten rupees and on production of the previously sanctioned building plans.
(2) Any person who erects a building or continues the work of erection of a building, when the permission granted under this chapter has expired, shall be deemed to erect such building or to continue such work without sanction. Application of Act to alterations of, and additions to, buildings.
(1) The provisions of
(a) this chapter,
(b) Schedule VI, and
(c) any rules or by-laws made under this Act,
(2) An alteration or addition in or to a building shall for the purposes of this chapter and of Schedule VI and of any rule or by-law, be deemed to be material if
(a) it increases or diminishes the height of. the area covered by, or the cubical capacity of the building, or any part thereof, or reduces the height, area or cubical capacity of any room in the building below the minimum prescribed in Schedule VI, or in any rule or by-law; or
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(1) In alteration of. addition to, or cancellation of Schedule VI the 66. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs, for the word. "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may make rules
(a) for the regulation or restriction of the use of land as sites for building and
(b) for the regulation and restriction of building and of alterations in, or additions to, building.
(2) When Schedule VI has been so altered, added to or cancelled, any reference made in this Act to the said Schedule shall be constructed as a reference to the Schedule
(1) The Commissioners of any municipality 77. Words and figures subs, for the words and figures "to which the provisions of Schedule VI are not extended" by W.B, Act 51 of 1980. [which is exempted from the operation of Schedule VI] under section 312 shall at a meeting 88. Words ", if the State Government so requires," om. by W.B. Act 51 of 1980. ******* provide by means of by-laws for the control of the erection of buildings and of material alterations and additions to buildings to give effect to the provisions of this Act and of that Schedule in this behalf to such extent as local circumstances permit and subject to such modifications as local circumstances may require.
99. Sub-sec.(2) subs.-by W.B. Act 51 of 1980 which was earlier as under: "(2) Where the provisions of Schedule VI are extended only in part to any municipality the Com
(1) The Commissioners of a municipality to which the provisions of Schedule VI 1010. Words subs, for the words "have been extended" by W.B. Act 51 of 1980. [are applicable] under this Act in whole or in part may 1111. Words ". and when required by the State Government shall." om. by W.B. Act 51 of 1980. * * * * * make at a meeting by-laws, consistent with this Act and Schedule VI (or the part thereof 1212. Words subs, for the words "extended to" by W.B. Act 51 of 1980. [applicable to] the municipality) applicable to building-sites or to buildings generally or to any class of buildings within the whole or any part of the municipality, and may by such by-laws
(a) determine the plans, specifications and other documents or particulars to be furnished with any application made for permission to construct, add to or alter house-drains, priv
(1) If the Commissioners are satisfied
(a) that the erection of any building
(i) has been commenced without obtaining their written permission under section 318 otherwise than under the provisions of section 319, or
(ii) is being carried on or has been completed otherwise than in accordance with the particulars on which such permission or orders was or were based, or after such permission has been lawfully withdrawn, or
(iii) is being carried on or has been completed in breach of any provision contained in this Act or in Schedule VI or in any rules or by-laws made in this behalf or of any condition, modification, direction or requisition lawfully given or made under this Act or Schedule VI or under su
order for demolition or alteration of buildings in other caws,-
(1) In any of the following cases, namely:
(a) if the owner of any building erected or added to between a street alignment and the building-line fails to remove such building or . addition when called upon to do so under section 218, or
(b) if any person who makes any additions to a building in pursuance of an agreement executed under sub-section (4) of section 218, fails to remove such additions when called upon to do so, or
(c) if the owner of any building erected or added to under the proviso to sub-section (1) of section 218, fails to remove such building or addition when called upon to do so, or
Notwithstanding anything contained in section 532 or section 533 no prosecution for an offence referred to in section 330 or section 331 shall be instituted without the order or consent of the Commissioners at a meeting and the Commissioners before passing such order or giving such consent shall give to the owner or occupier of the building an opportunity of showing cause why such prosecution should not be instituted.
(1) In any case in which the erection of a new building, or any other work referred to in section 330 or section 331, has been commenced, or, is being carried, on unlawfully as mentioned in those sections, the Commissioners may, by written notice, require the person carrying on such erection or other 2020. Words subs, for the word "unlawfully" by Ben. Act 1 of 1939. [unlawful] work to discontinue the same, pending the decision of a 2121. Words subs, for the word "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate] on an application to be made to him under that section.
(2) If any notice issued under sub-section(1) is not duly complied with, the Commissioners may. with the assistance of the police if necessary, take such steps as they may deem needful in order to stop the continuance of the unlawful work.
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Sec. 334 om. by W.8. Act 51 of 1980 which was as under: "334. Application of Chapter. The provisions contained in this chapter shall not apply to any municipality, unless and until they have wholly or in part, been extended thereto by a notification issued by the State Government in this behalf: Provided that in the case of any municipality to which the provisions of Part VI of the Bengal Municipal Act. 1884. corresponding to any of the provisions of this chapter are in force immediately before the commencement of this Act. all the said provisions of this chapter shall be in force in such municipality without being expressly extended thereto.". **********
(1) The Commissioners at a meeting may define the external limits of any bustee, and may from time to time alter such limits.
(2) None of the powers conferred by any of the following sections of this chapter shall be exercised in respect of
(a) any bustee the total area of which, as comprised within the limits defined under sub-section(1) is less than 2323. Words and figures subs, for the words "two blghas" by W.B. Act 51 of 1980. [1337.76 square metres], or
(b) any masonry building existing in a bustee at the time when a standard plan is approved or alignments are prescribed under the provisions of this chapter for such bustee. as the case may be. Sanitary measure with regard to bustees.
(1) If it appears to the Commissioners at a meeting that the condition of any bustee is insanitary or attended with risk of disease to the inhabitants of the neighbourhood, by reason of the manner in which the huts are constructed or crowded together, or of want of drainage, the impracticability of scavenging or for any other reason, they may after giving notice or the owners of the bustee cause the locality to be inspected by two persons appointed in this behalf, one of whom shall be registered medical practitioner or a person holding the diploma of Public Health and the other an engineer.
(2) The said persons shall forthwith
(a) sign and submit a written report on the insanitary condition of the said bustee,
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On receipt of the said report, the Commissioners at a meeting after hearing the objections (if any) of the owners of the bustee in respect of which the report has been made may approve the plan and schedule after making such modifications (if any) therein as they may think fit and may require the said owners or the owners or occupiers of the huts referred to in sub-clausefy of clause(c) of sub-section(2) of section 336, or both of the owners of the bustee and the owners and occupiers of the huts, to carry for such purpose, all of the works specified in the aforesaid schedule or any portion thereof, respectively.
When any improvements required by a notice under section 337 are carried out by the Commissioners under the provisions of this Act, all expenses incurred thereby, including such reasonable compensation as the Commissioners at a meeting may think fit to pay the owners or occupiers of huts removed, shall be paid by the owners of the bustee, to the Commissioners, and shall constitute a charge upon such bustee:
Provided that, notwithstanding anything contained elsewhere in this Act, if it appears to the Commissioners at meeting that any such owner is unable, by reason of poverty, to pay such expenses, or any portion thereof, in the case of expenses relating to work, which should in the opinion of the Commissioners have been done by the owners or occupiers of huts within the bustee, they may order the same or any portion thereof to be paid out of the Municipal Fund, and in the case of
(1) If in carrying out any improvements required by a notice under section 337, the Commissioners cause any hut or portion of a hut to be pulled down, they shall
(a) cause the materials of such hut or portion of a hut to be given to the owner of the hut, if such owner elects to take them, or
(b) if the owner does not elect to take the materials, or if the owner be unknown or the title to the hut be disputed, cause such materials to be sold, and hold in deposit the proceeds of the sale together with any sum awarded as compensation under section 338.
(2) Any amount held in deposit under clause(b) of sub-section (1) shall be so held by the Commissioners until any person obtains an order from a competent
(1) Any masonry building in a bustee. and any land appertaining to such building which it may be necessary to purchase or acquire for the purpose of making the streets or of passages, or of effecting any of the improvements specified in the schedule referred to in section 336, shall be shown in the standard plan referred in that section, and the Commissioners may at any time after the receipt of the report made under that section. purchase or acquire
(a) any such masonry building or,
(b) any land appertaining to such building, or
(c) any such building, together with the land appertaining thereto or any portion thereof, which is mentioned in that behalf in the schedule.
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(1) Every street or passage in a bustee which is shown in a standard plan approved under this chapter for that bustee and which is not already a public street shall, unless the Commissioners and the owners of the land on which such street or passage is situated otherwise consent as provided in section 229, be deemed to be a private street; and the portion thereof which falls on the land of each owner shall belong to such owner :
Provided that any portion of any such street or passage which is situated on land purchased or acquired by the Commissioners under section 340 shall remain the property of the Commissioners.
(2) Every such private street shall, at all times, be kept open for scavenging purposes and for all other purposes of this Act in
The bathing arrangements and privy accommodation in a bustee which are shown in the standard plan approved under this chapter for such bustee as being common to the use of all or some of the tenants of the bustee, shall at all times be kept available for the use of such tenants :
Provided that, notwithstanding anything contained in the 2424. Words and figures subs, for the words and figures "Indian Limitation Act. 1908" by W.B. Act 51 of 1980. [Limitation Act, 1963], if at any time the land on which any such bathing arrangements or
(1) The owner of any land in a bustee for which a standard plan has been approved under this chapter shall maintain in proper order and repair to the satisfaction of the Commissioners, such streets, passages, drains, common bathing arrangements, common privy accommodation, means of lighting, means of water-supply and other works on such land as may be shown in the plan.
(2) The Commissioners may, at any time, cause a written notice to be served upon such owner requiring him so to maintain such streets, passages, drains, common bathing arrangements, common privy accommodation, means of lighting, means of water-supply and other works :
Provided that any convenience made by the owner of a hut for his own use shall, subject to such notice as afores
(1) The owner of any land included in a bustee and forming a separate holding may, at any time, whether or not a standard plan has been prepared for the bustee, notify the Commissioners in writing that he intends to remove all the huts standing on such land.
(2) The receipt of any such notice shall not debar the Commissioners from approving a standard plan of such bustee.
(3) From the date of such notice no application shall be entertained for erecting on such land any hut or adding to any hut standing thereon.
(4) Such owner shall, within six months after the date of such notice, or within such further time as the Commissioners at a meeting may from time
(1) In any bustee in respect of which a standard plan has not been prepared, or in any area in which it appears to the Commissioners that huts are likely to be erected, the Commissioners at a meeting may, after hearing the objections, if any, of any owner of land in such bustee, prescribe alignments, not more than 2525. Word and figures subs, for the words "sixteen feet" by W.B. Act 51 of 1980. [4.88 metres] in width, for such private streets as they may think fit.
(2) When the land within such bustee or area is owned by more owners than one,, each owning one or more separate plots of such land, such alignments shall as far as practicable be so prescribed as not to occupy, within any such plot, more than one-fifth of the area thereof, and shall not ordinarily be less than two hundred and fifty feet apart.
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(1) In any bustee, at any time after the expiration of seven years from the time when any alignment has been prescribed for a street or for huts under section 345, the Commissioners at a meeting may, by written notice, require the owner of the land or the owners or occupiers of existing huts to remove such huts or portions thereof as fall
(i) within any such prescribed street alignment, or
(ii) within 2626. Word and figures subs, for the words "six feet" by W.B. Act 51 of 1980. [1.83 metres] on either side of any such prescribed hut alignment, as the case may be.
(2) When a hut has been removed under the provisions of sub-section (1), the Commissioners at a meeting shall pay to the owner thereof such
Any person who erects a masonry building
(a) in any bustee in respect of which a standard plan has been approved under section 337, or
(b) in any bustee or area in respect of which alignments for streets have been prescribed under section 345, shall, if so required by written notice issued by the Commissioners at a meeting, leave a clear space of 2727. Word and figures subs, for the words "fifteen feet" by W.B. Act 51 of 1980. [4.57 metres] between the centre line of any street or passage shown in such plan, or of any street, the alignment for which has been so prescribed, as the case may be, and the nearest part of such building.
The Commissioners may, by order published at such places as they think fit, set apart any tank, well, spring or water-course or any part thereof, vested in or under their control, or with the consent of the owner thereof, any tank, well, spring or water-course or part thereof subject to any rights which the owner may retain with the consent of the Commissioners for any of the following purposes, namely
(a) for the supply of water for drinking or for culinary purposes or for both, or
(b) for the purpose of bathing, or
(c) for washing animals or clothes, or
(d) for any other purpose connected with the health, cl
The Commissioners may, by notice, require the owner of, or the person having control over, a private tank, well, spring or watercourse or other place, the water of which is used for drinking or culinary purposes, to clean the same from time to time of silt, refuse or decaying vegetation, and may also require him to protect the same from pollution in such manner as to the Commissioners may seem fit, and in the case of a well to repair the same.
If the Commissioners at a meeting after due inquiry are satisfied that the water of any tank, well, spring or water-course, or part thereof or other place, used or likely to be used for drinking or culinary purposes, is, if so used, liable to engender or cause the spread of disease, and that owing to its situation or other cause such place cannot effectively be protected from pollution, or if the owner of, or person having control over, any such place refuses or neglects to comply with a requisition of the Commissioners under section 349, the Commissioners may
(a) by public notice prohibit the use or removal of water from such place for drinking or culinary purposes during a period to be specified in the notice and take such steps as they may consider necessary to prevent the use or removal of water for such purposes, or
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The Commissioners or any person authorised by them in this behalf may, at all reasonable times, inspect and disinfect any tank, well, spring or water-course or other place from which water is, or is likely to be, taken for drinking or culinary purposes.
(1)The 2828. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may make rules to provide for the proper analysis of the water of any water-works, tanks, well, spring or water-course or other place, used or likely to be used for drinking or culinary purposes in any municipality and in particular may
(a) require the Commissioners to make over at such times and places and to such person or persons as the Director of Public Health may appoint in this behalf, samples of water taken under such precautions and in such manner as the Director of Public Health may prescribe,
(i) from the
On the representation of two qualified medical practitioners or ten or more persons to the Commissioners of any municipality within whose jurisdiction they reside, that within the municipality the water in any tank, well, spring or water-course, public or private, used or likely to be used for drinking or culinary purposes or for the manufacture of aerated or other drinks for human consumption is so polluted as to be injurious to health, the Commissioners shall forward a sample of such water to the Public Analyst for analysis at the cost of the Commissioners and if the Public Analyst certifies that such water, if used for drinking or culinary purposes, is liable to engender or cause the spread of disease, the Commissioners shall take measures to remedy the same or require the owner or person having control over such source of supply to take such measures for this purpose as to the Commissioners may seem fit, or if such source
Where the Commissioners have appointed a person to be the Public Analyst for the area under their control under analysis section 3 of the Bengal Food Adulteration Act, 1919, the 2828. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may, with the consent of the Commissioners, direct that any analysis prescribed under sections 352 and 353 of this Act shall be made by such analyst on the payment of such fees by the Commissioners for whom the analysis may be made, as the 28(State Government) may fix. By-laws relating to public water-supply, etc.
The Commissioners at a meeting may make by-laws regulating the use of, and the prevention of nuisances in regard to. the public water-supply, bathing and washing places, streams, channels, tanks and wells.
(1) When
(a) any well, pool, ditch, tank, pond, pit or marshy or undrained ground, or
(b) any cistern, reservoir or water-butt or any other receptacle or place where water is stored or accumulated, or
(c) any waste or stagnant water, whether within any private enclosure or not, appears to the Commissioners to be or to be likely to become injurious to health or offensive to the neighbourhood, they may, by written notice, require
(i) to cleanse the same, or
(ii) to re-excavate the same, or
(iii) to fill up the same with suitable material, or
(iv) to drain off or to remov
(1) No person shall, within a municipality without the special permission of the Commissioners, make an excavation for the purpose of taking earth therefrom, or for the making of bricks or for the purposes of storing rubbish or offensive matter therein or dig any cess-pools, tanks, ponds, wells or pits :
Provided that the Commissioners at a meeting may make such general exemptions from the provisions of this section as may appear to them to be necessary for the public convenience.
(2) If any such excavation, cess-pool, tank, pond, well or pit is made or dug without the permission required under sub-section (1), the Commissioners may, whether the offender be prosecuted or not, by written notice require the owner or occupier of the land on which
The Commissioners of a municipality may in consultation with any adjacent local authority and subject to the approval of the 2929. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation oflndian Laws) Order, 1937 and, thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government], extend the provisions of section 356 and 357 to any area beyond the municipality and may make such provision as to costs for execution of any work in the area as may be agreed upon between the Commissioners and the local authority concerned.
(1) If any well, tank or other excavation, whether on public or private ground, is, for want of sufficient repairs or protection, dangerous to passengers, the Commissioners shall forthwith cause a written notice to be served on the owner, if he be known and resident in the municipality, and also to be put on some conspicuous part of the premises or served on owners or occupiers (if any) of the land on which such tank, well or other excavation is situated requiring such owner or occupier forthwith properly to secure or protect such well, tank or other excavation.
(2) The Commissioners may also, if it appears to them to be necessary so to do, cause a proper hoarding or fence or other means of protection to be put up at the cost of the owner or occupier of such land for the safety of the public.
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If the Commissioners at a meeting, after due inquiry, are satisfied that the cultivation of any description of crop, or the use of any kind of manure or the irrigation of land in any specified manner
(a) in any place within the limits of the municipality is injurious to the health of persons dwelling in the neighbourhood, or
(b) in any place within or without the limits of the municipality, is likely to contaminate the water-supply of the municipality or otherwise render it unfit for drinking' or culinary purposes, or that any person is permitting the growth within or without the limits of the municipality of water-hyacinth, or such other noxious plants as may be certified in this behalf by the 2929. Words "Provincial Government" first subs, for the words "Local Government" by the Governmen
The Commissioners may inspect any building or other premises for the purpose of ascertaining the sanitary condition thereof:
Provided that no such inspection shall be made at night except by an officer specially authorized by the Commissioners in this behalf without giving reasonable notice.
If it appears to the Commissioners necessary for sanitary reasons so to do, they may, by written notice, require the owner or occupier of any building inspected under section 361 to cause the same or any portion thereof to be lime-washed or otherwise cleansed either externally or internally or both externally and internally.
Whenever any land, being private property or within any private enclosure, appears to the Commissioners, by reason of thick vegetation, under-growth or jungle, or inequalities of surface or by want of drainage, to be in a state injurious to health or offensive to the neighbourhood, the Commissioners 30 * * * * may require the owners or occupiers or the owners and occupiers, of such land, within fifteen days to clear and remove such vegetation, undergrowth or jungle, or dress such surface or drain such land:
Provided that if for the purpose of effecting any drainage under this section it shall be necessary to acquire any land not being the property of the person who is required to drain his land, or to pay compensation to any other person, the Commissioners shall provide such land and pay such compensation.
(1) If any wall or building, or anything affixed thereto, be deemed by the Commissioners to be in a ruinous state, or likely to fall, or to be in any way dangerous, they shall forthwith cause a written notice to be served on the owner, if he be known and resident in the municipality, and also to be put on some conspicuous part of the wall or building or served on the occupier (if any) of the building requiring such owner or occupier forthwith to demolish, repair or secure such wall, building or thing as the case may require.
(2)The Commissioners may also, if it appears to them to be necessary so to do, cause a proper hoarding or fence or other means of protection to be put up at the expense of the owner of such wall or building for the safety of the public or the inmates thereof; and may also, after giving them such notice as the Commi
(1) Whenever the Commissioners at a meeting consider
(a) that any building, is by reason of its having no plinth or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleansing, attended with risk to the health of the occupiers thereof or to the inhabitants of the neighbourhood or is, for any reason, likely to endanger the public health, or
(b) that a block or group of buildings is, for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid, they may by notice require the owners or occupiers of such building or buildings or portions thereof, or, at the option of the Commissioners, the owners of the land occupied by such buildi
in case of buildings deemed unfit for human habitation.
(1) If, for any reason, any building or portion of a building intended for, or used as, a dwelling place appears to the Commissioners at a meeting to be unfit for human habitation, they may require the owner or occupier of such building to make such alterations as they think necessary in the building in order to make it fit for human habitation, if they consider that this can be done, but whether they think it can be made fit for human habitation or not, they may, in either case, after giving the owner or occupier an opportunity of being heard, apply to a 3232. Word subs, for the words "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate] to prohibit the further use of such building or portion thereof for such purpose ; 3333. Word subs, for the words "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate] shall serve
(1) When a "3333. Word subs, for the words "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate] has prohibited the use of a building for human habitation under section 366 and such prohibition has been in force for three months, the Commissioners at a meeting shall take into consideration the question of the demolition of such building, and shall give notice of the time (being some time not less than one month after the service of the notice) and place at which such question will be considered to the owner, and to the occupier (if any) of the building, and the said owner and occupier shall be entitled to be heard when the question is so taken into consideration.
(2) If, upon such consideration, the Commissioners are of opinion that the building has not been rendered fit for human habitation, and that the necessary steps are not b
(1) If it appears to the Commissioners that any dwelling-house or other building which is used as a dwelling-place, or any room in such dwelling-house or building, is so overcrowded as to endanger the health of the inmates thereof, they may apply to 3434. Word subs, for the words "a Magistrate" by W.B. Act 51 of 1980. [an Executive Magistrate having jurisdiction] to abate such overcrowding ; and the Magistrate, after such inquiry as he thinks fit to make, may, by written order, require the owner of the building, or room, within a reasonable time not exceeding four weeks to be specified in the said order, to abate such overcrowding by reducing the number of lodgers, tenants, or other inmates of the building or room, or may pass such other order as he may deem just and proper.
(2) The Commissioners at a meeting may, by written order, dec
Notwithstanding anything contained in this Act. where it appears to the Commissioners that immediate action is necessary for the purpose of preventing imminent danger to person or property from any building, wall, bank, or other structure or anything affixed thereto or to remove any tree or other thing, which appears to them to be a source of imminent danger to person or property the Commissioners may take such immediate action themselves; and in such a case, it shall not be necessary for the Commissioners to give notice, if it appears to them that the object of taking such immediate action would be defeated by the delay incurred in giving notice.
(1) No person shall use or permit to be used any place within 3535. Word subs, for the words "such local limits as may be fixed by the Commissioners at a meeting" by W.B. Act 51 of 1980. [the limits of the municipality] without a license from the Commissioners (which shall be renewable annually) for any of the following purposes, namely :
(i) for the slaughter of animals or for the skinning or disembowelling of animals for purposes other than human consumption :
Provided that this clause shall not apply to slaughter of antmal for a bona fide religious purpose or on a ceremonial occasion ; or
(ii) for storing hides, fish, horns or skins ; or
(iii) for boiling or storing offal, blood, bones or rags ; or
If it appears to the Commissioners at a meeting that at any place licensed under section 370 the business is being carried on in contravention of the terms of the license in such a way as to be a cause of annoyance or offence to persons residing in or frequenting the immediate neighbourhood or of danger to health, they may, notwithstanding anything contained in the said section, after giving one month's notice to the licensee, cancel his license.
Sec. 371A ins. by W.B. Act 51 of 1980. (1)No person shall, without the previous permission of the Commissioners and also of the State Government to be obtained in such manner as may be prescribed, establish in any place within the municipality, or materially alter, enlarge or extend, any factory or workshop established in any such place, in which it is intended to employ steam, electricity, water or other mechanical power.
(2) The Commissioners may, in accordance with such rules as may be made in this behalf by the Commissioners at a meeting, refuse to grant such permission, if they are of opinion that the establishment, alteration, enlargement or extension of such factory or workshop in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the In
(1) No dairyman, milkman, cartman, livery stable keeper or keeper of hackney carriages 4343. Sub-sec. (3) ins. by W.B. Act 51 of 1980. [or other person) shall keep horses, ponies, cattle or other four-footed animals for the purposes of trade or business except in a place licensed by the Commissioners : Provided that this sub-section shall not apply to a cartman who keeps not more than four animals for the purposes of using them with his own cart.
(2) Licenses granted under sub-section(1) shall be subject to such conditions as the Commissioners at a meeting may impose in respect of the site, construction, materials and dimensions of any structure erected for keeping horses, ponies, cattle or other four-footed animals, and in respect of the fencing, drainage, cleansing and in any other matter relating to the regulation of such places as
(1) The Commissioners at a meeting may provide public stables for the accommodation of horses and cattle and may direct that, within such limits as they shall at a meeting
(2) The Commissioners at a meeting may charge such reasonable fees as they shall think fit for the use of such public stables.
(3) The Commissioners-at a meeting may license places for such purpose, and may levy a fee not exceeding one rupee on the issue and renewal of any such license. Such license shall be renewed in the first and seventh months of each year.
(4) It shall be in the discretion of the Commissioners at a meeting to grant any such license subject to such conditions as th
(1) Within such limits as the Commissioners at a meeting may direct, no person shall keep pigs or in any place more than twenty sheep or twenty goats without a license from the Commissioners, which shall be renewable annually.
(2) The Commissioners at a meeting may charge an annual fee not exceeding two rupees for such license, and in respect of such license may impose such renditions as to fencing, drainage, paving, cleansing and other matters for the regulation of such places as they may think necessary.
The Commissioners at a meeting may make by-laws-
(a) providing for the inspection and regulation of the conduct of business in a place used for any of the purposes mentioned in section 370, so as to secure cleanliness therein, or to minimize any injurious, offensive or dangerous effect arising or likely to arise therefrom ;
(b) regulating or prohibiting for the prevention of any public annoyance or inconvenience or for the purpose of preventing danger to public health, the stalling of elephants, horses, camels, cattle, donkeys, sheep or goats;
(c) regulating or prohibiting for the prevention of any public annoyance or inconvenience or for the purpose of preventing danger to the public health the plac
If the Commissioners have reason to believe that any dangerous disease has appeared or is likely to appear in epidemic form within the municipality, they shall promptly investigate the matter, secure the prompt and thorough isolation of those sick or infected with such disease, so long as there is danger of their communicating the disease to other persons; see that no person suffers for lack of nurses or other necessaries because of isolation for the public good ; give public notice of infected places by placard on the premises and otherwise, if necessary, promptly notify head teachers of schools concerning families any of the members of which are suffering from dangerous diseases; supervise funerals of persons dead from such diseases, disinfect rooms, clothing and premises, and all articles likely to be infected; and generally so exercise the powers conferred on them by this Act as to guard and protect the public health and
A medical practitioner or a person practising the medical profession, and in the course of such practice becoming cognizant of the existence of any dangerous disease in any building other than a public hospital; or if no medical practitioner or person practising the medical profession is so cognizant, the owner or occupier of such building cognizant of the existence of any such disease therein ; or if the owner or occupier is not so cognizant the person in charge of, or in attendance on, any person, suffering from any such disease in such building, cognizant of the existence of the disease therein, shall give true and correct information to such officer as the Commissioners may direct respecting the existence of such disease :
Provided that a person not required to give information in the first instance, but only in default of some other person, shall not be punishable if it be sh
(1) When, in the opinion of any registered medical practitioner, any person is suffering in any municipality from any dangerous disease and is also without proper lodging or accommodation or is lodged in such manner that he cannot be effectually isolated so as to prevent infection or contagion, and the said practitioner considers that such person should be removed to a hospital or place at which patients suffering from such disease are received for medical treatment, he may send a certificate to that effect to the Commissioners.
(2) On receipt of any such certificate, the Commissioners may direct or cause the removal of such person to such hospital or place : Provided that all costs incurred for the removal and in the treatment of any such patient may be borne by the Commissioners : Provided also that, if any such person is a female, s
(1) If the Commissioners are of opinion- (a) that any building or part thereof is in such a filthy or unwholesome condition that the health of any person is affected or endangered thereby, or (b) that the cleansing, limewashing or disinfecting, as the case may be, of any building or any part of a building or of any tank or pool or well adjacent to a building, or that the cleansing, disinfection, purification or destruction of any article therein which is likely to retain infection or by reason of its filthy condition likely to cause injury to the health of any person, would tend to check or prevent the spread of any dangerous disease, they may cause such building or part thereof to be cleansed, limewashed or disinfected or such tank, pool, well or article to be cleansed, disinfected or purified or such articles to be destroyed and may, by written notice, require the occupier of such building or any part thereof to vacate the
(1) If the Commissioners are of opinion that the destruction of any hut or shed is necessary to prevent the spread of any dangerous disease, they may, after giving to the owner or occupier of such hut or shed such previous notice of their intention as may in the circumstances of the case appear to them to be reasonable, take measures for having such hut or shed and all the materials thereof destroyed.
(2) The Commissioners at a meeting shall make such compensation not exceeding the value of the hut as they think proper to any person who sustains loss by the destruction of any such hut or shed, but except as so allowed by the Commissioners, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by sub-section (1),
No person shall knowingly let a dwelling-house or other building or part of a dwelling-house or building in which any person has been suffering from any dangerous disease-
(a) unless such house, building or part thereof and all articles therein liable to retain infection have been disinfected and the Commissioners have granted a certificate to that effect, and
(b) until a date specified in such certificate as that on which the house, building or part may be occupied and the articles therein used without causing risk of infection or contagion. For the purposes of this section a hotel or lodging house-keeper shall be deemed to let part of his hotel or lodging house to any person accommodated therein.
(1) The Commissioners at a meeting may provide proper places, with all necessary attendants and apparatus, for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection or contagion.
(2) The Commissioners may-
(a) cause conveyances, clothing or other articles brought for disinfection to be disinfected free of charge or subject to such charges as may be approved by them ; and
(b) direct any clothing, bedding or other articles likely to retain infection to be disinfected or destroyed and shall give compensation for any article destroyed under this clause.
The Commissioners at a meeting may from time to time, by public notice, appoint a place or places at which conveyances, clothing, bedding or other articles which have been exposed to infection or contagion from any dangerous disease, may be washed, and no person shall wash or cause to be washed any such article at any place not so appointed, unless the same has been disinfected to the satisfaction of the Health Officer or Sanitary Inspector or of a registered medical practitioner.
No person suffering from any disease notified by the 4444. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] in this behalf shall
(a) make or offer for sale any article of food for human consumption or any medicine or drug ; or
(b) wilfully touch any such article, medicine or drug when exposed for sale by others ; or
(c) take any part in the business of washing or carrying soiled clothes; or
(d) se
(1) No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of any article which he knows or has reason to know has been exposed to infection from any dangerous disease.
(2) Nothing in sub-section (1) shall apply to a person who transmits, with proper precautions, any such article for the purpose of having the same disinfected.
(1) No person shall
(a) while suffering from any dangerous disease wilfully expose himself in any street, public place, shop, bazar or any place used in common by persons other than members of the family or household to which such infected person belongs, or cause or suffer himself or any clothing, bedding or other article which has been exposed to Infection or contagion to be carried in a public conveyance without previously notifying to the owner, driver or person in charge of such conveyance that he is so suffering or that such article is so infected, and without proper precautions against spreading the said disease, or
(b) so carry or permit to be carried in a public conveyance the dead body of any person who has died from a dangerous disease or any clothing, bedding, or other article
(1) The owner, driver or person in charge of any public conveyance in which any person suffering from any dangerous disease or the dead body of any person who had died from such disease or any clothing, bedding or other article which has been exposed to infection or contagion has been carried shall immediately take the conveyance for disinfection to a place, if any, appointed under section 382 or section 383.
(2) The person in charge of such place shall forthwith intimate to the Commissioners the number of the conveyance and proceed to disinfect the conveyance.
(3) If no place has been appointed under section 382 or section 3831, the Commissioners shall take such steps as they may think proper for disinfecting such conveyance.
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(1)The Commissioners at a meeting may provide and maintain suitable conveyances for the free carriage of persons suffering from any dangerous disease or of the dead bodies of persons who have died from any such disease or for the removal of any clothing, bedding or other article which has been exposed to Infection or contagion.
(2) When such conveyances have been provided, it shall not be lawful, without the sanction of the Commissioners, to carry any such person or dead body or any such clothing, bedding or other article in, or for any such person to cause himself to be carried in or for any person to cause any such dead body or any such clothing, bedding or other article to be carried in, any other public conveyance.
The Commissioners may authorize any officer to enter, at any time between sunrise and sunset after three hours notice, into any building or premises in which any dangerous disease is suspected to exist, for the purposes of inspecting such building or premises.
(1) The Commissioners may, for a specified time, with a view to preventing the spread of any dangerous disease, order that any market, sarai, hotel or lodging-house within the municipality shall be closed, or forbid any person to attend any such market or to lodge in such sarai, hotel or lodging-house.
(2) Such order shall be publicly notified in such manner and at such places as the Commissioners shall direct, and notice thereof shall be served on the owner, occupier or farmer of the market or the keeper of the sarai, hotel or lodging-house.
(3) After complying with the notice, the owner, occupier or farmer of the market or the keeper of the sarai, hotel or lodging house or any person interested may appeal to the District Magistrate, if he cons
(1) The Commissioners may, by notice, require the proprietor or person in charge of any school situated within the municipality for a specified time, with a view to preventing the spread of any dangerous disease or any danger to health likely to arise from the condition of the school, either to close the school or to exclude any scholars from attendance : and the proprietor or person in charge, as the case may be, shall forthwith comply with the notice. 44a. Words and figures subs, for the words and figures "section 383 or section 384" by Ben. Act 9 of 1933. 45. Sub-sec.(3) subs. by W.B. Act 51 of 1980 which was earlier as under: "(3) After complying with the notice, the owner, occupier or farmer of the market or the keeper of the sarai, hotel or lodging house or any person interested may appeal to the Magistrate, or where the Magistrate is the Chairman of the municipality, to the Commissioner of the Division, if he considers
The Commissioners at a meeting may make by-laws for the control, restraint and prevention of any dangerous disease and in particular, and without prejudice to the generality of the foregoing power, they may, and when required by the 46A46a. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] shall, make by-laws regarding the following matters :-
(a) the restraint, segregation, and isolation of persons suffering from any dangerous disease or likely to suffer from any such disease owing to exposure to infection or contagion ;
(b) the removal, disinfection and destruction of personal
A Health Officer appointed under section 66* * * * * shall, within the municipality to which he is appointed, subject to such restrictions as the "4747. Words and figures "or section 67" om. by W.B. Act 51 of 1980. [State Government] may impose, exercise the powers and perform the duties of a Superintendent of Vaccination.
(1) The Commissioners at a meeting may provide hospitals, dispensaries or temporary places for" the reception of the sick, and for that purpose may
(a) themselves build, alter, add to and maintain such hospitals, dispensaries or places of reception ; or
(b) contract for the use of any such dispensary, hospital or place of reception or of any part thereof; or
(c) enter into an agreement with any person or authority having the management of any hospital, within or without the municipality for the reception of the sick inhabitants of the municipality on payment of such annual or other sum as may be agreed on.
(2) The Commissioners of any municipality may Comb
(a) midwlves for attendance in maternity cases ; and
(b) health visitors to visit and inspect any premises in the municipality and to give advice to expectant mother on the management of their health and as to the proper nurture, care and management of young children, and the promotion of cleanliness.
(2) The Commissioners at a meeting may charge such reasonable fees for the services of midwives provided by them as they think fit and may prescribe rules for the qualifications, duties and salaries of such midwives and of health visitors.
The "4848. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may make rules-
(a) requiring the father of a child if actually residing in the house where the child is born at the time of its birth, and any person in attendance upon the mother at the time of, or within twelve hours after, the birth, to give notice of the birth to the Health Officer or Sanitary Inspector in such manner as the Commissioners may prescribe ;
(b) requiring the certification and registration of all midwives, dhais, or other women who habitually or for gain attend women in childbirth, prescribing minimum
For the prevention and extinction of fire, the Commissioners at a meeting may resolve to establish and maintain a fire brigade and to provide any implements, machinery or means of communicating intelligence which the Commissioners may think necessary for the efficient discharge of their duties by the brigade.
(1) On the occasion of a fire in a municipality, [any Executive Magistrate authorised by the District
(a) remove or order the removal of any person who by his presence interferes with or impedes the operations fqr extinguishing the fire or for saving life or property ;
(b) close any street or passage in or near which any fire is burning ;
(c) for the purpose of extinguishing the fire, break into or through, or pull down, or use for the passage of any hose or other appliance, any premises ;
(d) cause mains and pipes to be shut off so as to give greater pressure of water in the place where the fire has occurred ;
(e) call on the persons in charge of any fire e
Sections 397 and 398 shall not apply to a municipality where the West Bengal Fire Services Act. 1950, is in force.
(1) The Commissioner may, without notice and at any period of the day or night, enter into and inspect a place which is suspected to contain kerosene, petroleum, or other inflammable material referred to in clauses (xi) and (xii) of section 370 in excess of the quantity permitted to be kept in such house or building under the conditions of a license granted under section 370.
(2) Should any such excess quantity of such material be discovered, it may be seized and held subject to such order as a "[Judicial Magistrate] may pass with respect to it.
(3) If the "[Judicial Magistrate] decides that the material seized was stored in the place contrary to the conditions of such license, he may pass an order confiscating the same.
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The Commissioners at a meeting may, where it appears to be necessary for the prevention of danger to life or property, by public notice prohibit all persons from stacking or collecting hay, straw, wood, thatching grass, jute or other dangerously inflammable materials, or from placing mats on thatched huts or lighting fires in a place or within limits specified in the notice.
The Commissioners at a meeting may make by-laws
(a) providing for the guidance, discipline and conduct of the members of a municipal fire brigade and any volunteer fire brigade recognized by the Commissioners;
(b) prescribing the officer to whom and the place at which the outbreak of a fire shall be repor\ted;
(c) regulating, either by rendering licenses necessary, or otherwise, the letting off of fire-arms, fire-works, fire-balloons, bombs or other explosives; and
(d) generally making provision for the procedure and precautions to be adopted by the public on the occasion of a fire and for any other things rel
(1) The Commissioners at a meeting may
(a) construct, purchase, take on lease or otherwise acquire any land or building for the purpose of establishing a new municipal market or a new municipal slaughter-house or municipal stockyard or of extending or improving any existing municipal market, municipal slaughter-house or municipal stockyard, and
(b) from time to time build and maintain such municipal markets, municipal slaughter-houses and municipal stockyards and such stalls, shops, sheds, pens and other buildings or conveniences for the persons carrying on trade or business in, or frequenting, such markets, slaughter-houses or stockyards, and charge rent, tolls and fees for the right to expose goods for sale in such markets and for the use of shops, stalls and standings therein.
&
The Commissioners at a meeting may, at any time, close any municipal market, municipal slaughter-house or municipal stockyard or any portion thereof, and the premises occupied for any market, slaughter-house or stockyard or portion so closed may be disposed of as the property of the Commissioners.
(1) No person shall, without the permission of the Commissioners, or, if the Commissioners have farmed out the rents and fees, without the permission of the farmer, sell or expose for sale any living thing or any article within a municipal market.
(2) If any person contravenes the provisions of sub-section (1) he may, in addition to any penalty which may be imposed on him under this Act, be summarily removed from such market by the Commissioners, or by the farmer, as the case may be, or by any of the officers or servants of the Commissioners or of the farmer.
(1) In any municipality of which the Commissioners at a meeting have published an order in this behalf, no person shall
(i) establish a new private market for the sale of or for the purpose of exposing for sale any living thing intended for human food, or any other article of human food, except with the sanction of the Com- missioners at a meeting;
(ii)without or otherwise than in conformity with the terms of a license granted by the Commissioners at a meeting this behalf, keep open any private market or wilfully or negligently permit any place to be used as a private market: Provided that the Commissioners shall not
(a) refuse a license for the maintenance of a market lawfully established at the date of the publication of such order of the Comm
[Executive Magistrate], on the application of the Commissioners at a meeting, may order any place which has been used as a market without a license under section 405 to be closed as a market-place, an thereupon may take order to prevent such place being used as a market, and no person shall thereafter sell or expose for sale on or in such place any living thing intended for human food or any article of food.
(1) Notwithstanding anything contained in section 402, the Commissioners at a meeting may, subject to such conditions as they may impose with the approval of the [State Government], grant and withdraw licenses, for the use of any premises either within or. with the sanction of the District Magistrate, without the limits of the municipality, for the slaughter of animals or animals of-any specified description, for the sale of their flesh for human consumption.
(2) When such premises have been fixed by the Commissioners beyond municipal limits, the Commissioners shall have the same power to make by- laws for the inspection and proper regulation of the same as if they were within those limits.
No person shall slaughter any animal for the sale of its flesh for human consumption within the municipality at any place other than a municipal slughter-house or a slaughter-house licensed under section 407.
The Commissioners at a meeting may, by written notice, require the owner or occupier of any private market,
(a) to cause the whole or any portion of the floor of the market-building or market-place, to be raised or paved with dressed stone or other suitable material.
(b) to cause such drains to be made in or from the market building or market-place, of such material, size and description, at such level, and with such outfall as to the Commissioners may appear necessary, and
(c) to cause a supply of water to be provided for keeping such market-Building or market-place, in a clean and wholesome state, and
(d) to
(1) The Commissioners at a meeting may
(a) define or determine the limits of any private market or declare what portions of such market shall be made part of the existing approaches, streets, passages and ways to and in such market, and
(b) after hearing the owner or occupier of such market by written notice, requtre such owner or occupier to-
(i) lay out, construct, alter, clear, widen, pave, drain and light, to the satisfaction of the Commissioners, such approaches, streets, passages and ways to or in such market, and
(ii) provide such conveniences for the use of persons resorting to such market, and
(iii) provide adequate ventilation and lighting of the
(1) The Commissioners after giving the parties concerned an opportunity of being heard may-
(a) expel from any municipal market or municipal slaughter-house for such period as they may think fit any person who or whose servant has been convicted of contravening any by-law made under section 414 at the time in force in such market or slaughter-house,
(b) prevent such person, by himself or his servants, from further carrying on any trade or business in such market or slaughter-house or occupying any stall, shop, standing, shed, pen or other place therein, and
(c) determine any lease or tenure which such person may have in any such stall, shop, standing, shed, pen or place.
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Every license granted under this chapter shall be in force until the end of the year during which it is granted, and shall be registered in a book to be kept for the purpose, containing the following particulars-
(a) the name and address of the owner of the land, and the name and address of the owner of the market or slaughter-house, and any lessee thereof;
(b) the extent and boundary of the market or slaughter-house ;
(c) in the case of a market the description of the articles sold and the days on which it will be held.
Every transfer of any interest in such market or slaughter-house shall be registered by the transferee at the municipal office within two months from the date of the transfer, and any market or slaughter-house the transfer of interest in which has not been registered in accordance with the provisions of the section shall be deemed to be land used as a market or slaughter-house, as the case may be, without a license.
The Commissioners at a meeting may make by-laws-
(a) for the lay-out, construction, regulation and Inspection of markets and slaughter-houses, for the provision of a proper supply of water, the prevention of cruelty, the proper cleaning and general regulation and control of the sanitary condition of such places, the feeding and watering of animals kept in slaughter-houses or in yards attached to slaughter-houses, and the prevention of nuisances and obstruction ;
(b) in the case of any municipal market or municipal slaughter-house for the orderly conduct of business and for fixing the rents and other charges to be levied ;
(c) in the case of any municipal market and any market licensed under section 4
Chapter XVIIA containing secs. 414A, 414B and 414C ins. by Ben. Act 11 of 1936 . The Commissioners meeting may require the owner or lessee of a fair or mela an owner or a lessee of land intending to establish a fair or mela thereon to obtain a license in this behalf from the Commissioners on such terms and conditions, and on payment of such fees as may be prescribed.
Chapter XVIIA containing secs. 414A, 414B and 414C ins. by Ben. Act 11 of 1936 The Commissioners at a meeting may, by public notice issued at least one month before the date of any fair or mela, prohibit prostitution within such fair or mela or within half a mile thereof.
Sec. 414BB ins. by W.B. Act 51 of 1980. -The Commissioners at a meeting may require every person who keeps open or intends to open any theatre, circus, cinema-house, dancing hall or other similar place of public resort, recreation or amusement to obtain a license in this behalf from the Commissioners on such terms and conditions and on payment of such fees as may be prescribed.
Heading subs. for the heading "Fairs and Melas." by W.B. Act 51 of 1980. 5858. Words "Provincial Government" first subs. for the words "Local Government "by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may make rules regulating the granting of licenses 5959. Words subs. for the words "for holding fairs" by W.B. Act 51 of 1980. [for keeping open theatres, circuses, cinema-houses, dancing-halls and other places of public resort, recreation or amusement and for holding fairs] or melas and fixing the fees in respect thereof.
Chapter XVIII containing secs. 415 to 417 om. by W.B. Act 51 of 1980 which was as under:- CHAPTER 18 WEIGHTS AND MEASURES 415. Standard weights and measures In municipalities. (1) Where the Commissioners of any municipality, to which this section has been extended by the State Government have made by-laws under section 417. prescribing the standard weights and measures to be used within the municipality, they may at a meeting by order published in the prescribed manner prohibit the use within the municipality of any maund, seer or tola weight, or of any cubit measure other than such as conforms with the standard prescribed in the said by-laws. (2) When such order has been published, any person, authorized by them in this behalf, may at all reasonable, times enter and inspect any market, building, shop, stall or place used for the sale of any goods, food or drug, and may inspect any instruments for weighing, and any weights or
Chapter XVIII containing secs. 415 to 417 om. by W.B. Act 51 of 1980 which was as under:- CHAPTER 18 WEIGHTS AND MEASURES 415. Standard weights and measures In municipalities. (1) Where the Commissioners of any municipality, to which this section has been extended by the State Government have made by-laws under section 417. prescribing the standard weights and measures to be used within the municipality, they may at a meeting by order published in the prescribed manner prohibit the use within the municipality of any maund, seer or tola weight, or of any cubit measure other than such as conforms with the standard prescribed in the said by-laws. (2) When such order has been published, any person, authorized by them in this behalf, may at all reasonable, times enter and inspect any market, building, shop, stall or place used for the sale of any goods, food or drug, and may inspect any instruments for weighing, and any weights or
Chapter XVIII containing secs. 415 to 417 om. by W.B. Act 51 of 1980 which was as under:- CHAPTER 18 WEIGHTS AND MEASURES 415. Standard weights and measures In municipalities. (1) Where the Commissioners of any municipality, to which this section has been extended by the State Government have made by-laws under section 417. prescribing the standard weights and measures to be used within the municipality, they may at a meeting by order published in the prescribed manner prohibit the use within the municipality of any maund, seer or tola weight, or of any cubit measure other than such as conforms with the standard prescribed in the said by-laws. (2) When such order has been published, any person, authorized by them in this behalf, may at all reasonable, times enter and inspect any market, building, shop, stall or place used for the sale of any goods, food or drug, and may inspect any instruments for weighing, and any weights or
(1) No person shall, without or otherwise than in conformity with the terms of a license granted by the Commissioners in this behalf
(a) carrying on in the municipality, or at any municipal slaughter-house without the municipality, the trade or business of a butcher, or
(b) habitually sell or expose for sale any animal, meat or fish intended for human consumption, in any place other than a municipal market or a private market.
(2) Nothing in clause (b) of sub-section (1) shall apply-
(a) to the sale of meat, or fish in any hotel or eating-house for consumption on the premises, or
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The Commissioners in their discretion may provide and maintain municipal bakeries and sweetmeat shops, and may at any time lease to any person such bakeries and shops on such terms and conditions as may to them seem proper.
(1) In any municipality to which the provisions of this section have been extended by the 6161. Words "Provincial Government" first subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State
(2) In extending the provisions of this section to any municipality the 6l[State Government] may exempt any of the trades or businesses mentioned in sub-section (1) from the operation of the section.
(1) No person shall sell, store for sale, expose or hawk about for sale, or keep for sale,
(a) any living thing intended to be used as food ; or
(b) any other article of food or any drug intended to be used for human consumption, which is diseased, unsound, unwholesome or unfit for human food or, in the case of drugs, for medicine.
(2) In any prosecution under this section the court shall, unless and until the contrary is proved, presume that any such living thing, article of food, or drug found in the possession of a person who is in the habit of keeping such living thing or keeping or manufacturing such other article of food or drug for the purpose of human consumption has been so kept or manufactu
No milk, bread-stuffs, cake, pastry, sweetmeats, confectionery or other article of food intended or commonly used for human consumption without further preparation by cooking shall be sold, exposed or kept or hawked about or stored for sale unless they be kept properly covered or otherwise guarded to the satisfaction of the Commissioners, so that they shall be protected from dust, dirt and flies.
Secs. 423 and 424 rep. by W.B. Act 28 of 1951 which were as under: "423. Registry of shops for sale of drugs used In Western medical science. No shop or place shall be kept for the retail sale of drugs recognised by the British Pharmacopoeia, not being also articles of ordinary domestic consumption, unless the same has been registered in the office of the Commissioners. The Commissioners shall, upon registration, grant the keeper of such shop or place a license which he shall be bound to display in some conspicuous part of his premises. "424. Compounders certificates. (I) No person shall compound, mix, prepare, dispense or sell any drug in any shop or place registered under section 423, unless he holds the prescribed certificate that he is a fit person to be entrusted with such duties. (2) Any owner, occupier or keeper of any such shop or place, who employs any such uncertified person to perform any one or more of such duties
Secs. 423 and 424 rep. by W.B. Act 28 of 1951 which were as under: "423. Registry of shops for sale of drugs used In Western medical science. No shop or place shall be kept for the retail sale of drugs recognised by the British Pharmacopoeia, not being also articles of ordinary domestic consumption, unless the same has been registered in the office of the Commissioners. The Commissioners shall, upon registration, grant the keeper of such shop or place a license which he shall be bound to display in some conspicuous part of his premises. "424. Compounders certificates. (I) No person shall compound, mix, prepare, dispense or sell any drug in any shop or place registered under section 423, unless he holds the prescribed certificate that he is a fit person to be entrusted with such duties. (2) Any owner, occupier or keeper of any such shop or place, who employs any such uncertified person to perform any one or more of such duties
If the Commissioners, Executive Officer, Health Officer, Inspector, or any other officer authorized by the Commissioners in this behalf have or has reason to believe that any animal intended for human food is being slaughtered, or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorized under this Act, the Commissioners, Executive Officer, Health Officer, Sanitary Inspector or other officer as aforesaid may obtain a warrant from a 64[Judicial Magistrate] to enter at any time by day or by night, without notice, and inspect such place for the purpose of satisfying themselves or himself as to whether any provision of this Act or of any rule or by-law made under this Act, at the time in force, is being contravened thereat.
(1) The Commissioners, Executive Officer, Health Officer, Sanitary Inspector, or any other officer authorized by the Commissioners in this behalf may
(a) at all reasonable times enter into and Inspect any place in which any living thing intended for human food or any other article of food or any drug, is deposited for the purpose of sale or of preparation for sale, or to which such living thing, article of food, or drug intended for human consumption is brought for such purpose,
(b) inspect and examine any such living thing or other article of food or drug which may be found in any place referred to in clause (a), and
(c) inspect and examine any living thing intended for human food or any other article of food, or any drug intended for human cons
(1) If in the course of an inspection of a place made under section 427 any such living thing appears to the Commissioners, Executive Officer, Health Officer, Sanitary Inspector or other officer duly authorised by the Commissioners in this behalf to be diseased or if any article of food or drug appears to them or him to be unsound, unwholesome or unfit for human food or for medicine, as the case may be, or if any utensil or vessel used for preparing, or containing any such food or
Explanation.-
(1) Meat subjected to the process of blowing shall be deemed to be unfit for human food.
(2) A vessel made of any corrosive metal or material notified in this behalf by the 64a64a. Words "Provincial Government" first subs. for the words "Local Government"
(1)When any living thing, article of food, drug, utensil or vessel referred to in section 428 is seized under that section, it may, with the written consent (witnessed by two other persons) of the owner or the person in whose possession it was found, be forthwith destroyed 6565. Words "and the expenses thereby Incurred shall be paid by the owner or person in whose possession such living thing, article of food, drug, utensil or vessel was at the time of such seizure." om. by W.B. Act 27 of 1955. *************.
(2) If such consent be not obtained, then, if any food or drug so seized is of a perishable nature, the officer seizing such rood or drug may take it before 6666. Words subs for the words "a Magistrate and if it appears to the Magistrate that such food is unsound, unwholesome or unfit for human food, he shall condemn it and order
If any 6868. Words subs, for the word "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate] is satisfied on the application of the Commissioners, Health Officer, Sanitary Inspector or any other officer authorized by the Commissioners in this behalf that there is just cause to believe that any diseased living thing intended for human food or any food or drug, which is unsound, unwholesome or unfit for human food or medicine is in the possession of any person for the purpose of being sold or offered or exposed for sale within the limits of a municipality, for such consumption, he may grant a warrant to enter upon the premises of such person, and to search for and seize such living thing, article of food or drug.
(1) Where any living thing, article of food, drug, utensil or vessel seized under section 428 is not destroyed by consent under sub-section (1) of section 429, or where an article of 6969. Words subs. for the words "food so seized" by W.B. Act 27 of 1955. [food or drug so seized] which is perishable is not dealt with under sub-section (2) of that section, it shall be taken before a 7070. Words subs. for the words "Magistrate" by W.B. Act 51 of 1980. Purity of milk-supply. [Judicial Magistrate] as soon as may be after such seizure.
(2) If it appears to the 7070. Words subs. for the words "Magistrate" by W.B. Act 51 of 1980. Purity of milk-supply. [Judicial Magistrate] that any such living thing is diseased or unsound or that any such food or drug is unsound, unwholesome or unfit for human food or for medicine, as the case may be, or tha
When any authority directs in exercise of any powers conferred by this chapter, the destruction of any living thing, food or any drug, or the disposal of the same so as to prevent its being used as food or medicine, the same shall thereupon deemed to be the property of the Commissioners. Slaughter of animals on bona fide religious or ceremonial occasions.
Nothing in this chapter shall apply to the slaughter of animals for a bona fide religious purpose or on a ceremonial occasion.
(a) the registration of all dairymen, or persons selling milk, and dairies within the municipality;
(b) the inspection by the Commissioner or persons authorized by them of dairies and dairy cattle within or without the municipality from which milk is supplied to the inhabitants of the municipality and of persons in or about dairies who have access to the milk or any milk-receptacle;
(c) the duties of dairymen or persons selling milk in connection with the occurrence of infectious or contagious disease amongst persons residing or employed in or about their premises, and the furnishing by them of the names and addresses of their customers and sources of supply, and their duties in connection with reporting the occurrence in any dairy cattle of dis
Within three months from the date of the publication of a notification by the 72[State Government] extending this section to any municipality every place therein which is used as a burial or burning-ground for corpses shall be registered as such by the owner thereof in the office of the Commissioners but no fee shall be charged for such registration.
There Commissioners at a meeting may in their discretion at any time grant permission for the formation and making of burial , or burning-grounds, or for the renewed use of such grounds as, owing to disuse, have not been registered under section 435 and when such permission has been granted shall cause such grounds to be registered.
The Commissioner at a meeting may, from time to time, out of the Municipal Fund, with the sanction of the 7373. Words subs. for the words "Commissioners of the Division" by W. B. Act 51 of 1980. [District Magistrate] provide fitting places either within or without the limits of the municipality to be used as burial or burning-grounds, and may impose such fee, as may be fixed in this behalf by the Commissioners at a meeting 7474. Words "with the approval of the State Government" om. by W. B. Act 51 of 1980. ***** in respect of every corpse burled or burnt within such burial or burning-grounds.
(1) After the expiration of the three months mentioned in section 435, no corpse shall be buried or burnt otherwise than in a place which is borne on the register of the Commissioners as an open burial or burning-ground or has been provided by the Commissioners for the purpose; but the Commissioners may grant special permission for a corpse to be buries or burnt elsewhere.
(2) Except with the special permission of the Commissioners no body shall be exhumed from any burial-ground except under the provisions of section 176 of the 7575. Words and figures subs, for the words and figures "Code of Criminal Procedure,1898" by W.B. Act 51 of 1980. [Code of Criminal Procedure, 1973]; or of any other relevant enactment for the time being in force.
(1)The Commissioners at a meeting may, by public notice, order any burial or burning-ground, whether registered under section 435 or provided under section 437, which in their opinion is dangerous or likely to be dangerous to the health of persons living in the neighbourhood, or to be offensive to such persons, to be closed from a date specified in the notice, and shall, in such case, if no suitable place for burial or burning exists at a reasonable distance, provide a fitting place for the purpose.
(2) When a notice is issued ordering the closing of any burial ground under sub-section (1), private burial-places in such burial grounds may be excepted from the notice, subject to such conditions as the Commissioners at a meeting may Impose in this behalf:
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Any person aggrieved by any order made by the Commissions under the powers conferred upon them by section 439 may appeal to the 7878. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government], whose decision shall be final.
(1) After the expiration of not less than twenty-four hours from the death of any person, the Commissioners may cause the corpse of such person to be burnt or buried. In every such case the corpse shall be disposed of, so far as may be possible, in a manner consistent with the religious tenets of the deceased.
(2) If a person dies in a hospital or temporary place of reception for the sick from any infectious disease, and the Health Officer or any registered medical practitioner certifies that in his opinion it is desirable, in order to prevent the risk of communicating any infectious disease or of spreading infection, that the body shall not be removed from such hospital or place, except for the purpose of being forthwith buried or cremated no person shall remove the body except for that purpose; and the body when taken out of such hos
The Commissioners at a meeting may, from time to time, out of the Municipal Fund, provide for the burial and burning of the dead bodies of paupers, free of charge, within the limits of the municipality.
(1) The Commissioners may, from time to time, grant licenses to persons applying for the same, for the sale at burning-grounds of fuel and other articles used for the cremation of dead bodies, and in case any such license is granted shall, from time to time at a meeting , prescribe a scale of rates for the sale of such articles; and no person not so licensed shall, within three hundred yards of any such burning-grounds, sell or offer for sale any such fuel or other article.
(2)The Commissioners may, on good and sufficient cause, revoke or withdraw any such license as they may think fit, and any person to whom such license is granted, who charges for the sale of any such articles at any higher rate than the rate fixed for such article in such scale, shall, at the discretion of the Commissioners, be liable to have his license cancelled a
The Commissioners, when required by the 76[State Government] to do so, shall provide at a meeting for the registration of births and deaths within the limits of the municipality in accordance with the provisions of the Bengal Births and Deaths Registration Act, 1873, or any other similar Act for the time being in force. 76. Words "Provincial,Gvernment" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950.
(1) This section shall be construed as being in addition to and not in derogation of the provisions of the Bengal Births and Deaths Registration Act, 1873.
(2) The Commissioners, when required by the 77[State Government] to do so, shall appoint at a meeting a person to be Registrar of Births and Deaths for the whole municipality and may also appoint and maintain at any burning-ghat or burial-ground a Sub-Registrar for the registration of all corpses brought to such burning-ghat or burial-ground for cremation or interment.
Whenever a Sub-Register has been appointed for any burning-ghat or burial-ground under section 445, information of the particulars required by section 8 of the Bengal Births and Deaths Registration Act, 1873, to be known and registered may be given in respect of the death of any person whose body is brought to such burning-ghat or burial-ground for cremation or interment to such Sub-Registrar, and information so given shall be deemed to be information given to the Registrar of the district as required by the said section. Section 9 of the said Act shall be applicable to all Sub-Registrars appointed under this Act.
Whenever a birth or death occurs in any hospital 7979. Words ins. by W. B. Act 51 of 1980 [or nursing home] within the limits of any municipality in respect of which the 7878. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] has directed that all births and deaths shall be registered under the Bengal Births and Deaths Registration Act, 1873, it shall be the duty of the medical officer in charge of such hospital 7979. Words ins. by W. B. Act 51 of 1980 [or nursing home] forthwith to send a notice in writing of the occurrence of such birth or death to the Commissioners in such form as the 7878. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of India
The 7878. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may make rules
(i) requiring the father or mother of every child born in any municipality or the occupier of the building in which such child is bom or the medical practitioner or midwife in attendance at the time of birth within such specified period as may be fixed to give information of such birth to the Health Officer or Sanitary Inspector or other officer appointed for the purpose, and to furnish such particulars as may be prescribed by the 7878. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and. thereafter, th
(1) The powers conferred by this chapter shall be deemed to be in addition to and not in derogation of any powers conferred by the other provisions of this Act.
(2)
(a) The condition of
(i) any premises or part thereof of such a construction or in such a state or so situated or so dirty as to be a cause of annoyance to the inmates thereof, the neighbours or the public, or injurious or dangerous to health or unsafe, including places infested by, or providing haunts for mosquitoes or mosquito larvae, flies or fly maggots, hookworm larvae or ova, or rats or other noxious animals, or insects, and thereby liable to favour the spread of infections disease;
(ii)
(1) The Commissioners shall cause to be made from time to time inspection of the municipality with a view to ascertain what nuisances exist calling for removal under the powers of this Act, and shall enforce so far as possible the provisions of this Act in order to remove the same, and otherwise put in force the powers vested in them relating to public health, so as to secure the proper sanitary condition of all premises within the municipality.
(2) If the Commissioners or Health Officer or a Sanitary Inspector have or has reasonable grounds for believing that a nuisance exists in any premises, they or he may make an inspection of such premises at any hour, when the operations suspected to cause nuisance are believed to be in progress or are usually carried on or when the special conditions suspected to cause the nuisance are believed
Information of any nuisance under this chapter may be given to the Commissioners by any person and every municipal officer shall bring the existence of any nuisance to the notice of the Commissioners or cause it to be brought to their notice.
The Commissioners, if satisfied of the existence of a nuisance, shall serve a notice on the author of the nuisance or if he cannot be found, then on the owner or occupier of the building or premises on which the nuisance arises or continues, requiring him to remove it within the time specified in the notice and to execute such works and do such things as may be necessary for that purpose and if the Commissioners think it desirable (but not otherwise) specifying any works to be executed to prevent a recurrence of the said nuisance :
Provided that-
(a) where the nuisance arises from any want or defect of a structural character, or where the building or premises are unoccupied, the notice shall be served on the owner ;
(b) where the author of the n
(1) If the person on whom a notice to remove a nuisance has been served under section 452 fails to comply with any of the requirements thereof within the time specified, or if the nuisance, although removed since the service of the notice, is in the opinion of the Commissioners likely to recur on the same premises, the Commissioners shall cause a complaint relating to such nuisance to be made before 80[an Executive Magistrate], and 81[such Executive Magistrate] shall thereupon issue a summons requiring the person on whom the notice was served to appear before him.
(2) If the 82[Executive Magistrate] is satisfied that the alleged nuisance exists, or that, although removed, it is likely to recur on the same premises, he shall make
(a) on the auth
Whenever it appears to the satisfaction of the 83[Executive Magistrate] that the author of the nuisance or that the owner or occupier of the premises is not known or cannot be found, the 83[Executive Magistrate] may at once order the Commissioners to execute the works thereby directed and the cost of executing the same shall be payable on demand by the defaulter, if subsequently found, and if not paid on demand within fifteen days from the date of the execution of the work, may be recovered by distress and sale of the movable property of the defaulter, if known.
The 83[Executive Magistrate] in making an order under this chapter may, if he is of opinion that the person on whom a notice has been served to remove a nuisance or any other person would have been entitled to compensation, had the proceedings been taken otherwise than under this chapter, award such compensation to such person.
In every municipality there shall be constituted Education Committee consisting of
(a) an educational officer, or other person interested in education appointed by the 8484. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws] Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government];
(b) not less than two, or more than four Commissioners appointed from among themselves by the Commissioners at a meeting ; and-
(c) not more than three residents of the municipality not being Commissioners, appointed by the Commissioners at a meeting. The Education Co
It shall be the duty of the Education Committee, subject to the control of the Commissioners at a meeting and to the rules made by the 8484. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws] Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government]
(i) to superintend all matters connected with the finance, accounts, maintenance and management of all schools, libraries and museums maintained by the Commissioners, and
(ii) to determine the conditions to be complied with when grants are made by the Commissioners to schools, libraries and museums.
The 8484. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws] Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may transfer to the Commissioners such funds as it may deem necessary for expenditure on
(a) the improvement of any school or class of schools within the municipality under private management; or
(b) the maintenance or improvement of any school or class of schools maintained and managed by the Commissioners ; or
(c) the provision of buildings to be used as students' hostels in connection with any school mentioned in clause (a) or
The 8585. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may make rules
(i) determining the classes of schools which may be maintained or aided by the Commissioners ; 8686. Clause (ia) ins. by Ben. Act 11 of 1936. (ia) regulating the maintenance and management of such schools;
(ii) regulating the construction and repair of buildings connected with such schools ;
(iii) regulating the appointment and salaries of masters and assistant masters of such schools ;
&
Sec. 459A with the sub-heading ins. by Ben. Act 11 of 1936. Hackney-carriages.. The 8585. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may make rules regulating the establishment, maintenance and management of hospitals and dispensaries by the Commissioners.
The Commissioners at a meeting may make by-laws providing
(a) for the registration and inspection of sarais, dharamsalas and other lodging-houses ;
(b) for the prevention of overcrowding and the promotion of cleanliness and ventilation therein ;
(c) for the notices to be given and the precautions to be taken in the case of the outbreak therein of any infectious or contagious disease ; and
(d) generally for the proper regulation of sarais, dharamsalas and other lodging-houses.
The Commissioners may cancel any license issued to any owner or driver of any hackney-carriage under the Calcutta Hackney-Carriage Act, 1919, as extended to any area within a municipality, if such owner or driver does not at such times as may from time to time be fixed by the Commissioners keep available for hire to the public, and ply for hire when required, the hackney-carriage and horses in respect of which the license has been granted under that Act; and on cancellation of such license the Commissioners may require such owner or driver, or any other person in whose possession the driver's ticket or license may be, to surrender the same to them forthwith.
(1)The Commissioners at a meeting may order that a survey or demarcation of boundaries shall be made of any or all of the lands and buildings situated in the municipality and may move the 88[State Government] to direct that all or any of the provisions of the Calcutta Survey Act, 1887, shall, so far as may be practicable apply and be extended to such municipality 89[and if the 90(State) Government so directs then notwithstanding anything contained in thatAct, all or any of its provisions shall, mutatis mutandis, apply and extend to such municipality],
(2) Where it appears to the 8888. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State G
The Commissioners at a meeting may make by-laws
(a) requiring the owner of any land or building to give notice to them of any alteration in the boundary of such land or of the erection of any new building thereon or of any material alteration or addition to a building,
(b) providing for the erection from time to time and for the maintenance by owner of lands or buildings of suitable boundary marks defining the limits of all lands from separate holdings.
The Commissioners shall maintain at the municipal office a map showing the position of all lands and buildings belonging to the Commissioners and of all municipal institutions and all public streets and drains.9292. Sec. 464A first ins. by Ben. Act 11 of 1936. then om. By W. B, Act 51 of 1980. Sec. 464A was as under: "464A. Power to require that doga shall carry tokens. The Commissioners may, by public notice, require that every dog shall wear a collar to which shall be attached a token to be Issued by the Commissioners, and may, from time to time, by like notice, announce that, with effect from a date to be specified in the notice, every dog found wandering about streets or public places without a collar bearing such token will be liable to be destroyed or otherwise disposed of."
The Commissioners, by any person authorized by them in this behalf, may
(1) destroy or cause to be destroyed or confine, or cause to be confined, for such period as the Commissioners may direct, any dog suffering from any loathsome disease or from rabies, or reasonably suspected to be suffering from rabies, or bitten by any dog or other animal suffering or suspected to be suffering from rabies ; and9393. Clause (ii) first subs. by Ben. Act 11 of 1936, then om. by W. B. Act 51 of 1980. Previous clause (ii)was as under: "(ii) after a date specified in this behalf in a notice published under section 464A, destroy or cause to be destroyed or otherwise dispose of any dog found wandering about streets or public places without a collar bearing a token issued by the Commissioners under section 464A-"
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The Commissioners at a meeting may offer rewards for the destruction of noxious animals within the limits of the municipality.
Every person to whom a license has been granted under this Act shall, at all reasonable times while such license remains in force, if required so to do by the Commissioners or by any person authorized by them in that behalf, produce such license to the Commissioners or to the person so authorized.
Any 94[Judicial Magistrate] before whom any person is convicted of an offence against the provisions of this Act, relating to the use of any place for a purpose for which a license is required or of the non-observance of any of the by-laws or conditions relating thereto made or imposed under this Act, in addition to the fine which may be imposed on such person under this Act, may suspend, for any period not exceeding two months, any such license, and the Commissioners, upon the conviction of any person for a second or subsequent like offence, may cancel his license.
The provisions of this chapter shall apply only to hill municipalities and shall be construed in modification of, or as supplementing, other provisions of this Act in their application to such municipalities : Provided that sections 233, 237, 274 and 275 shall not apply to hill municipalities.
(1)The definition of drain under section 3 of this Act shall, in the case hill municipality be deemed to include a jhora, water-course or natural drainage line, and the 95[State Government] may, by notification, define for the purpose of this Act the limits of any jhora, water-course, channel or natural drainage line within a hill municipality.
(2) For the purpose of Chapter X in its application to hill municipalities the term masonry building shall be deemed to include a framed building.
In this chapter
(i) "Government road" means a road, street, square, court, alley or passage maintained 96[by the Central or the State Government] or at the public expense;
(ii) "private bridge" means any bridge which is not a public bridge as defined in this section ;
(iii) "private drain" means any drain which is not a public drain as defined in this section ;
(iv) "private road" means any road, street, square, court, alley or passage which is not a public road or Government; road as defined in this section;
(v) "publi
(1) If it appears to the Commissioners that any public road or part thereof
(a) threatens the stability or security of any hillside or bank or any immovable property thereon, or
(b) in consequence of its condition or its situation with reference to any adjacent hillside or bank cannot be efficiently maintained or required except at a cost, which in their opinion, is unreasonable, the Commissioners may by public notice, declare such road or part to be absolutely closed :
Provided that the Commissioners shall, before declaring any public road or part thereof to be closed, be bound to provide other reasonably sufficient means of access to holdings adjacent to such road or part, if no such means of access already exist.
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All private roads and bridges shall be subject to the inspection and control of the Commissioners.
(1) Every person who intends to construct, reconstruct or alter a private road shall send to the Commissioners an application for permission to execute the work.
(2) Every such application shall be accompanied by the documents or particulars prescribed in this behalf in Schedule VII.
(3) Every person applying for permission to construct, reconstruct or alter a private road must further mark out on the ground the alignment of the road for inspection by the Commissioner or an officer authorized by them in this behalf.
(4) The permission referred to in sub-section (1) may be either granted or refused absolutely, or granted subject to any conditions which the
If it appears to the Commissioners that any private road is so situated or is in such a condition as to threaten the stability or security of any hillside or bank or any immovable property thereon, they may, by written notice, require the owner-
(a) to re-construct, re-grade, divert, alter or repair such road, or
(b) to make a revetment or retaining-wall on either side or both sides of such road, or
(c) to take such other order with such road as may be specified in the notice.
If it appears to the Commissioners that waterway ought to be provided on any private road or that the waterway provided on any private road ought to be enlarged they may, by written notice, require the owner of the road-
(a) to provide and maintain waterway, or
(b) to enlarge the existing waterway, as the case may require.
Whenever any private road is to be constructed, reconstructed, regraded, diverted, altered or repaired, and whenever waterway for any private road is to be provided or enlarged, in pursuance of section 474, section 475 or section
If it appears to the Commissioners that the existence of any private road threatens the stability or security of any hillside or bank or any immovable property thereon, they may, by written notice, require the owner to close the road and to take such order with the site thereof as they may consider necessary for the stability or security of such hillside, bank or property and as may be prescribed in the notice: Provided that no notice shall be issued under this section in respect of any private road which constitutes the only approach to a building, unless, in the opinion of the Commissioners, another road affording a suitable approach to the building can be constructed at reasonable expense.
(1) Whenever any building, wall, revetment or other erection or any part thereof, or any stone, tree, soil or debris from private premises, fells down and obstructs any public road or drain, the Commissioners may cause the obstruction to be removed.
(2) All stone and trees so removed shall be separately heaped near the spot, and a notice shall be affixed in the vicinity calling upon the persons from whose premises the stone or trees or any of the same has or have fallen to take away the same.
(3) If, in the course of removing any obstruction under sub-section (1), it be found necessary to break up or blast any stone or to cut up any tree, the work shall be executed by the Commissioners; and if any persons desire, in pursuance of a notice affixed
If it appears to the Commissioners that any debris which has fallen upon or into any private road or drain ought to be removed, they may-
(a) cause such debris to be removed at the expense of the owner of the road or drain, or
(b) by written notice require the said owner to remove the debris.
The Commissioners may close temporarily any public road or part of a public road for the purpose of repairing such road, or for the purpose of constructing any sewer, drain or bridge, or for any other purpose : provided that the Commissioners so closing any road shall be bound to provide reasonable means of access for persons occupying holdings adjacent to such road. Drains.
(1) Every person who intends to construct, reconstruct, alter, stop-up or obstruct any private drain shall send to the Commissioners an application for permission to execute the work.
(2) Every such application shall be accompanied by general description of the drain.
(3) The permission referred to in sub-section (1) may be either granted or refused absolutely, or granted subject to any conditions which the Commissioners may think fit to impose in accordance with the rules contained in Schedule VIII.
(4) No work referred to in sub-section (1) shall be commenced without the written permission of the Commissioners.
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(1) The Commissioners may, by written notice, require the owners of any land or building
(a) to re-construct, enlarge, extend, alter, repair, make efficient, stop-up or remove any drain belonging to such land or building, or
(b) to alter the inclination or direction of any such drain, or
(c) to provide movable coverings, or gratings for any such drain of such nature as may be specified in the notice, or
(d) to carry any such drain to such point of outlet or of Junction with some other drain as may be specified in the notice.
(2) The Commissioners may, by written notice, require the owner or occupier of any build
If any land or building is not drained to the satisfaction of the Commissioners, they may, by written notice, require the owner to provide a drain therefor, at such inclination, and to such point of outlet or of junction with some other drain as may be specified in the notice.
(1) If it appears to the Commissioners that any lands or buildings belonging to different owners can be drained or the drainage thereof improved, more economically or advantageously in combination than separately, the Commissioners may cause such lands or buildings to be drained, or the drainage thereof to be improved, in such manner as they may consider suitable.
(2) The Commissioners may cause any drain which has been provided or improved under sub-section (1) to be maintained or repaired in such manner as they may consider suitable.
(3) All expenses incurred under sub-section (1) or sub-section (2) in connection with the drainage of any lands or buildings, shall be paid by the owners of such lands or buildings in proportion to the benefits de
.-If it appears to the Commissioners that any building or portion of a building or anything affixed to a building or any wall or structure on any land, is in such a condition as to threaten the stability or security of any hillside or bank, or any immovable property thereon, the Commissioners may, by written notice, require the owner of such land or building
(a) to take down such building, portion, thing, wall or structure and remove the materials, or
(b) to secure or repair such building, portion, thing, wall or structure, in such manner as may be prescribed in the notice, or to make a revetment for the support thereof or to take such other order therewith as may be prescribed in the notice, and
(c)
If it appears to the Commissioners that the condition or situation of any hillside or bank, being private property, is such as to threaten the safety of any building, and that the safety of such building cannot be ensured by taking action under section 486 and also that such building threatens the safety of some other building, they may, by written notice, require the owner of such first mentioned holding-
(a) to take down the building and remove the materials, or
(b) to secure the building, in such manner as may be prescribed in the notice, or to make a revetment for the support thereof, or to take such other order therewith as may be prescribed in the notice and may also, by written notice, require the owner of such other building to secure the same, in such manner as may be prescribed in
If it appears to the Commissioners that the condition or the situation of any land, being private property is such as to threaten the stability or security of any hillside or bank or any immovable property thereon, the Commissioners may, by written notice, require the owner of the land to do all or any of the following things, namely:
(a) to construct and maintain a revetment, retatning-wall or toe-wall upon any part of the land ;
(b) to reconstruct, enlarge, strengthen, alter or repair any revetment, retaining-wall, or toe-wall already standing on the land ;
(c) to turf the land or any portion thereof;
(d) to
If any owner to whom a notice is issued under section 488 presents to the Commissioners, within fifteen days after the service of the notice, that the work required by the notice will directly or substantially benefit the owners of any adjacent buildings or land, the Commissioners may, after bearing all the owners concerned, themselves cause the said work to be executed; and the expenses thereby incurred shall be recovered from any or all of such owners, in such proportions as the Commissioners may direct.
If it appears to the Commissioners that lands or buildings belonging to two or more owners can be protected by the execution of works of the nature referred to in section 488, more economically or advantageously in combination than separately, the Commissioners may themselves cause such works or any of them to be executed, maintained and kept in repairs; and the expenses thereby incurred shall be recovered from the said owners, in such proportion as Commissioner may direct.
Notwithstanding anything contained in section 488, the Commissioners may, at any time, themselves cause any revetment, retaining-wall or toe-wall to be constructed, reconstructed, enlarged, strengthened, altered or repaired on any private land immediately abutting upon any public road, drain, revetment or retaining-wall; and the expenses thereby incurred shall be paid by the Commissioners and the owner of such land in such proportions as the Commissioners may direct.
Whenever any revetment, retaining-wall or toe-wall is to be constructed, reconstructed, enlarged, strengthened, altered or repaired, or any land is to be turfed, or sloped in pursuance of sections 475, 486, 487, 488, 489, 490 or 491, the work shall be executed in accordance with the rules contained in Schedule IX, so far as they are applicable to the particular case.
(1) If it appears to the Commissioners that any building or the site thereof is, in consequence of its condition or of its situation with reference to any hillside or bank, unsafe, they may, by written notice, prohibit the owner or any other person from occupying or continuing to occupy the buildings or from permitting up to be occupied until the building or the site, as the case may be, is rendered safe to the satisfaction of the Commissioners.
(2) If it appears to the Commissioners that the drainage of, or the latrine accommodation provided for, any masonry or framed building is defective, they may by written notice, prohibit the owner from letting the building for occupation until the defects have been remedied to their satisfaction. Appeal
(1) The 9797. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may, by notification in the 9898. Words subs. for the words "Calcutta Gazette" by the Government of India (Adaptation of Indian Laws) Order. 1937. [Official Gazette], appoint an Engineer to hear appeals under this Act in respect of hill municipalities.
(2) An appeal shall lie to the said Engineer from any order (not being an order apportioning expenses) or requisition made under sections 364, 474, 482, 486, 487, 488. 489, 490, 491 or 493.
An appeal shall lie to the Commissioner of the Division from any order apportioning expenses incurred in pursuance of sections 485, 488, 490 or 491.
Every appeal under section 494 or section 495 must be presented within a period of thirty days after the date of the order or requisition against which the appeal is made :
Provided as follows :
(a) if in any case the said period expires on a day when the office of the aforesaid Engineer or Commissioner is closed, the appeal may be presented on the day that the said office is reopened ;
(b) any appeal may be admitted after the expiration of the said period when the appellant satisfied the appellate authority that he had sufficient cause for not presenting the appeal within such period.
(1) In dealing with any appeal preferred to him under section 495 the Commissioner shall be assisted by two assessors, who shall be selected and summoned by him for each appeal or group of appeals from a list to be prepared annually by the Deputy Commissioner:
Provided that, if any assessor so summoned fails to appear, the appeal may be heard in his absence.
(2) The assessors, if present, shall be consulted by the Commissioner, and their opinion shall be recorded in writing ; but the Commissioner shall not be bound to conform to their opinions.
(1) If the engineer appointed under section 494, or the Commissioner of the Division, rejects any appeal preferred to him under this Act, he shall, by written order, specifically state the grounds for such rejection.
(2) The said Engineer shall, when deciding any reference made to him under this Act, specifically state in writing the grounds for his decision.
(3) A copy of all orders passed by the said Engineer or Commissioner on any such appeal, or by the said Engineer on any such reference, shall forthwith be forwarded by him to the Commissioners, who shall thereupon inform the appellant, or the person who made the reference, as the case may be, of such orders.
(1) In addition to any by-laws that they may make under any other section of this Act, the Commissioners of a hill municipality may, at a meeting, make by-laws-
(a) enforcing, regulating or prohibiting the cutting or destroying of trees or shrubs and the planting and maintenance of particular kinds of trees or shrubs, and regulating or prohibiting the making of excavations or removal of soil or quarrying; and providing for the alteration, repair and proper maintenance of buildings and compounds, for the closing of roads and by-paths and for the general protection of the surface land on any hillside where such by-laws appear to the Commissioners to be necessary for the maintenance of a water-supply, the preservation of the soil, the prevention of landslips or of the formation of ravines or torrents, the protection of land against erosi
(a) is commenced without obtaining the written permission of the Commissiners, or
(b) is carried on or completed otherwise than in accordance with the particulars on which such permission was based, or
(c) is carried on or completed in breach of any provision contained in this Act or in any rules or by-laws made thereunder, or of any direction or requisition lawfully given or made under this Act or such rules or by-laws, or
if any alteration of, or addition to, any building or any other work made or done for any purpose in, to or upon any building is commenced, carried on or completed in breach of section 326, the owner of the building shall be liable to
Any person who, in contravention of section 541, obstructs or molests any person with whom the Commissioners have entered into a contract, or, in contravention of section 542, removes any mark, shall be punished with fine which may extend to two hundred rupees, or with imprisonment for a term which may extend to two months.
In making any rule or by-law the Commissioners may, with the sanction of the 66. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government], or in the case of any rule, model rule or by-law the 66. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and. thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order. 1950. [State Government] may direct that the breach thereof shall be punishable with a fine which may extend to fifty rupees and, when the breach is a continuing one, with a further fine not exceeding five rupees for every day after the date of the first conviction during which the offender i
If any person employed under this Act (not being a public servant within the meaning of section 21 of the Indian Penal Code) shall accept or obtain or agree to accept or attempt to obtain, from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a reward for doing or forbearing to do any official act, or for showing or forbearing to show in the exercise of his official functions favour or disfavour to any person, or for rendering, or attempting to render, any service or disservice to any person with the Commissioners or with any public servant or 7[with any Government) in the discharge of his official duties, he shall be punished with imprisonment, for a term which may extend to three years, or with a fine which may extend to five thousand rupees, or with both.
(1) The power of the 88. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order. 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. Publication of rules, by-laws, orders and notices. (State Government] to make rules under this Act is subject to the condition of the rules being made after previous publication.
(2) Any rule made by the 8[State Government] may be general for all municipalities or for all municipalities not expressly excepted from its operation or may be special for the whole or any part of any one or more than one municipality as the 8(State Government] may direct.
(1) Rules and by-laws made by the Commissioners under this Act shall not take effect unless and until they have been submitted to, and confirmed by, the 8[State Government].
(2) Such rules and by-laws shall not be confirmed
(i) unless one month at least before the making of the application notice of the intention to apply for confirmation has been given in one or more of the local newspapers circulated within the municipality to which such rules or by-laws relate, or if there be no such newspapers, then in such manner as the Commissioners may direct, and
(ii) unless for one month at least before such application a copy of the proposed rules or by-laws has been kept at the office of the Commissioners,
Every rule, by-law, order, public notice or other document directed to be published under this Act shall be written in, or translated into, Bengali 9[and in such other language, or languages commonly used in the district as may be decided by the Commissioners at a meeting], and deposited in the office of the Commissioners, and 10[copies thereof] shall be posted up in a conspicuous position at such office, and in such Other public places as the Commissioners may direct: and a public proclamation shall be made throughout the municipality by beat of drum, notifying that such copy has been so posted up, and that the original is open to inspection in the office of the Commissioners. Signature and service of notices, etc.
(1) Every license, written permission, notice, bill, summons or other document which is required by this Act or by any rule or by-law made thereunder to bear the signature of the Chairman, Vice-Chairman or any other municipal office, shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairman, Vice-Chairman or such municipal officer stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Municipal Fund.
All notices, bills, summonses and other documents required by this Act or by any rule or by-law made thereunder to be served upon, or issued to, any person, shall be so served or issued by municipal officers or servants or by other persons authorized by the Commissioners at a meeting in this behalf 11[or by post under certificate of posting.]
When any notice, bill, summons or other document is required by this Act or by any rule or by-law made thereunder to be served upon or issued to any person as owner or occupier of any land or building, it shall not be necessary to name the owner or occupier in the document and the service or issue thereof shall be effected-
(a) by giving or tendering such document to the owner or occupier : Provided that if there be more than one owner or occupier, and it is not in the opinion of the Commissioners practicable to serve the document on every one of them the Commissioners may serve the document on any of more of them as they may think fit ; or
(b) if the owner or occupier is not found, by giving or tendering such document or by sending it by post to any adult male member of the family, or to a
When any notice, bill, summons or other document is required by this Act or by any rule or by-law made thereunder to be served upon or issued to any person otherwise than as owner or occupier of any land or building, such service or issue shall be effected-
(a) by giving or tendering such document to such person ; or
(b) if such person is not found, by leaving such document at his last known place of abode or business in the municipality or by giving or tendering the same or by sending it by post to any adult male member of his family or adult male servant in his employ ; or
(c) if such person does not reside in the municipality and his address elsewhere is known to the Commissioners, by forwarding s
The Chairman, Vice-Chairman, Executive Officer, Health Officer, Engineer or Sanitary Inspector, or any other person authorized by the Commissioners in this behalf, may enter into or on any building or land with or without assistants or workmen, in order to make any inquiry, inspection, test, examination, survey, measurement or valuation or for the purpose of lawfully placing or removing pipes or meters, or to execute any other work which is authorized by the provisions of this Act or of any rule, by-law or order made thereunder, or which it is necessary for any of the purposes of this Act or in pursuance of any of the said provisions, to make or execute : Provided that
(a) except when it is in this Act or in any rule or by-law made thereunder otherwise expressly provided, no such entry shall be made between sunset and sunrise ;
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No person shall, in any way obstruct the Commissioners, Chairman, Vice-Chairman, Executive Officer, Health Officer, Sanitary Inspector or any municipal officer or servant, or any other person authorized by the Commissioners at a meeting or otherwise, in making any entry, inspection or search under this Act, or any person accompanying them at their request or acting under their orders for the purpose of such entry or acting under their orders in carrying out any work, under the provisions of this Act. or under any rule or by-law made thereunder for the carrying out of such work.
(1) Whenever it is provided in this Act or in any rule or by-law made thereunder that the Commissioners or the Commissioners at a meeting may require the owners or the occupiers, or the owners and occupiers of any land or building, to execute any work or to do anything within a specified time, such requisition shall be made, as far as possible, by a notice to be served on every owner or occupier who is required to execute such work or to do such thing : but, if there is any doubt as to the persons who are owners or occupiers, such requisition may be made by a notification to be posted up on or near the spot at which the work is required to be executed or the thing done, requiring the owners or occupiers, or the owners and occupiers, of any land or building, to execute such work or to do such thing within a specified time ; and in such notification it shall not be necessary to name the owners and occupiers. If no time is speci
A person who is required by a requisition as provided in section 514, other than a requisition under section 240 or section 241, or under the provisions of Chapter XXI to execute any work or to do any thing may, instead of executing the work or doing the thing required, prefer an objection in writing to the Commissioners against such requisition within five days of the service of the notice or posting up of the notification containing the requisition ; or if the time within which he is required to comply with the requisition be less than five days, then within such less time. Except as provided in section 516, such objection shall be heard and disposed of by the Chairman, Vice-Chairman or Executive Officer.
If the objection alleges that the cost of executing the work or of doing the thing required will exceed three hundred rupees, such objection shall be heard and disposed of by the Commissioners at a meeting; unless the Chairman, Vice-Chairman or Executive Officer certifies that such cost will not exceed three hundred rupees, in which case the objection shall be heard and disposed of by the Chairman, Vice-Chairman or Executive Officer:
Provided that in any case in which the Chairman, Vice-Chairman or Executive Officer has certified his opinion as aforesaid, and the objection has in consequence thereof been heard and disposed of by the Chairman, Vice-Chairman or Executive Officer the person making the objection may, if the requisition made upon him is not withdrawn on the hearing of his objection, pay in the said sum of three hundred rupees to the Commissioners as the cost of executi
The Chairman, Vice-Chairman, Executive Officer or the Commissioners at a meeting, as the case may be, shall after hearing the objection and making any inquiry which may be deemed necessary, record an order withdrawing, modifying or making absolute the requisition against which the objection is preferred ; and, if such order does not withdraw the requisition, it shall specify the time within which the requisition shall be carried out, which shall not be less than the shortest time which might have been mentioned under this Act in the original requisition.
If the person making such objection is present at the office of the Commissioners, the said order shall be explained to him orally ; and if such order cannot be so explained, notice of such order shall be served as provided in section 510 or section 511, as the case may be, on the persons making the objection : and such explanation of, or service of, the notice of the said order shall be deemed to be a requisition duly made under this Act to execute the work or do the thing required.
(1) If the person required to execute the work or to do the thing fails within the time specified in any requisition provided in sub-section (1) of section 514 other than a requisition under section 240 or section 241, or a requisition under Chapter XXI to begin to execute such work or to do such thing, and thereafter diligently to continue the same to the satisfaction of the Commissioners, until it is completed, the Commissioners or any person authorized by them in this behalf, may. after giving forty-eight hours notice of their intention by a notification to be posted up on or near the spot, enter upon the land or building and perform all necessary acts for the execution of the work or doing of the thing required : and the expenses thereby incurred shall be paid to the Commissioners by the owners or by the occupiers, if such requisition was addressed to the owners or to the occupiers respectively and by the owners and the o
Whether any expenses incurred by the Commissioners are to be paid by the owners or by the occupiers of any land or building as provided in section 519, the Commissioners may, if there be more than one owner or more than one occupier, as the case may be, apportion the said expenses among such of the owners or among such of the occupiers as are known in such manner as to the Commissioners may seem fit.
Whenever any expenses incurred by the Commissioners are to be paid by the owners and occupiers of any land or building as provided in section 519, the Commissioners may apportion the said expenses among the said owners and occupiers or such of them as are known in such manner as the Commissioners may seem fit.
Whenever any works or any alterations and improvements of which the Commissioners are authorized by this Act to require the execution are executed by the occupier on the requisition of the Commissioners, or are executed by the Commissioners, and the cost thereof is recovered from the occupier, the cost thereof may, if the Commissioners certify that such cost ought to be borne by the owner, be deducted by such occupier from the next and following payments of his rent due or becoming due to such owner, or may be recovered by him in any court of competent jurisdiction.
Whenever any works referred to in 1212. Words, figures, letters and brackets subs. for the words, figures, letter and brackets" clause (c) of sub-section (1) of section 259" by W.B. Act 7 of 1969. [sub-section (4) of section 258, clause (c) of sub-section (1) or sub-section (2) of section 259 or clause (d) of sub-section(1) of section 263] are executed by the Commissioners, the Commissioners at a meeting may order that the costs thereof shall be recovered by instalments from the person liable to pay the same, or if it should appear to them that the said person is unable by reason of poverty to pay the same, may order the cost or any portion thereof to be paid out of the Municipal Fund.
All costs, expenses, rents, tolls, fees or other moneys due under this Act to the Commissioners of any municipality may be recovered in the manner provided in sections 155 to 162 (both inclusive).
(1) If money be due under this Act in respect of any holding from the owner thereof, on account of any tax, expenses or charges recoverable under this Act, and if the owner of such holding 1313.Words subs. for the words "is unknown or the ownership thereof" by W.B. Act 51 of 1980. [or his place of abode is unknown or the ownership of such
(2) After deducting the amount due to the Commissioners as aforesaid the surplus sale-proceeds (if any) shall be credited to the Municipal Fund and may be paid on demand to any person who establishes his right to the satisfaction of such Commissioners or in a court of competent jurisdiction.
(3) Any person may pay the amount due at any time before the completion of the sale, and may recover such amount by a su
(1) The materials of anything which shall have been pulled down or removed by the Commissioners under the provisions of sections 237, 364, 366, 1515. Figures Ins. by W.B. Act 51 of 1980. [369], 454 or sub-section (2) of section 514, may be sold by the Commissioners, and the proceeds of such sale may be applied, so far as the same will extend to the payment of the expenses incurred.
(2) The surplus sale-proceeds (if any) shall be credited to the Municipal Fund, and may be paid on demand to any person who establishes his right to the satisfaction of the Commissioners or in a Court of competent jurisdiction.
If the Commissioners have under the provisions of this Act caused any repairs to be made to any building or other structure, and if such building or other structure be unoccupied, the Commissioners may enter upon possession of the same, and may retain possession thereof until the sum expended by them on the repairs be paid to them.
If through any act, neglect or default, on account whereof any person shall have incurred any penalty imposed by or under this Act, any damage to the property of the Commissioners shall have been committed by such person he shall be liable to make good such damage as well as to pay such penalty and the amount of damage shall, in case of dispute be determined by the 1616. Words subs. for the words "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate] by whom the person incurring such penalty is convicted, and on non-payment of such damage on demand the same shall be levied by distress, and such 1616. Words subs. for the words "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate] shall issue his warrant accordingly.
(1)Whenever any person, the reason of his-
(a) receiving the rent of immovable property as a receiver, agent or trustee, or
(b) being as a receiver, agent or trustee the person who would receive the rent if the property were let to a tenant, would, under this Act or under any rule or by-law made thereunder, be bound to discharge any obligation imposed thereby on the owner of the property and for the discharge of which money is required, and such person has not in his hands funds belonging or payable to the owner sufficient for the purpose, he shall, within a reasonable time from the service upon him of any notice from the Commissioners in this behalf requiring him to discharge the said obligation, be bound to apply to a court of competent jurisdiction for leave to raise the necessary funds
(1) Any person aggrieved by any prohibition, notice or order, made by the Commissioners under the power conferred upon them by sub-section (3) of section 140, section 176, sub-section (2) of section 218, sub-section (1) of section 219, sub-section (1) of section 228, clause (b) of sub-section (1) of section 240. sub-section (1) of section 241, clause (b) of sub-section (2) of section 252, clauses (ii) and (iii) of section 254, sub-section (1) of section 258, section 259, section 261, section 263, sub-section (1) of section 264, section 309, sub-section (2) of section 341. section 343, section 348, section 349, section 356. section 357, sub-section (1) of section 364, section 368, section 372, sub-section (2) of section 410, section 411, section 418, section 420, section 423. section 520 and section 521 may, within thirty days, from the date of such prohibition, notice or order, appeal to the Commissioners, and every such appe
Any person aggrieved by an order refusing a license required under this Act may, notwithstanding anything contained elsewhere in this Act, within thirty days, appeal to the [State Government] whose decision shall be final and shall not be questioned in any court. Prosecutions.
The Commissioners may direct any prosecution for any public nuisance, and may order proceedings to be taken for the recovery of any penalties under this Act or rules or by-laws made thereunder and for the punishment of any persons offending against the same, and may order the expenses of such prosecution or other proceedings to he paid out of the Municipal Fund.
Sanction No prosecution for an offence under this Act or any rule or by-law made in pursuance thereof shall be instituted without the order or consent of the Commissioners, and no such prosecution shall be instituted except within six months next after the commission of such offence, unless the offence is continuous in its nature, in which case a prosecution may be instituted within six months of the date on which the commission or existence of the offence was first brought to the notice of the Chairman : Provided that the failure to take out any license under this Act shall be deemed to be a continuing offence until the expiration of the period for which such license is required to be taken out.
Sec. 533A ins. by W.B. Act 27 of 1955. It shall be the duty of every police-officer in a municipality-
(a) to communicate without delay to the municipal office any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or by-law made thereunder, and
(b) to co-operate with and assist the Commissioners or any municipal officer or servant reasonably demanding his aid for the lawful exercise of any power vesting in the Commissioners or such municipal officer or servant under this Act or any rule or by-law made thereunder.
(1) When any person, in the presence of a police-officer commits, or is accused of committing, any offence, under this Act .or any rule or by law made in pursuance thereof and refuses, on demand of a police-officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained ; and he shall within twenty-four hours from the arrest, be forwarded to the nearest 19[Judicial Magistrate], unless before the expiration of that time his true residence are ascertained, in which case he shall be released on his executing a bond for his appearance before a 1919. Words subs. for the words "Magistrate" by W.B. Act 51 of 1980. [Judicial Magistrate], if so required.
(2) Upon the recommendation of the Commissio
(1) No suit or other legal proceeding shall be brought against the Commissioners of any municipality or any of their agents, officers or servants, or any person acting under their direction, for any act purporting to be done under this Act or any rule or by-law made thereunder until the expiration of one month next after notice in writing has been delivered or left at the office of such Commissioners and also (if the suit or proceeding is intended to be brought against any officer or
(2) Every such suit or proceeding shall be commenced within six months next after the accrual of the cause of action, and not afterwards.
(3) When the suit or proceeding is for damages, tender of amends, if any, made before the suit or proceeding is brought may, in
(1) Any owner or occupier of land or of a building may contest his liability to pay any expenses or fees under sections 519 to 521 or may contest the amount which he has been called upon to pay in a civil court of competent jurisdiction : Provided that the fact of such action having been instituted shall be no bar to the recovery of the said amount, in the manner provided by section 524.
(2) Where any damages or compensation other than compensation payable under section 98 are by this Act directed to be paid by the Commissioners the amount, and if necessary, the apportionment of the same, shall, in case of dispute, except as otherwise expressly provided in this Act, be ascertained and determined by a civil court of competent jurisdiction.
No assessment list or other list, notice, bill or other such document specifying or purporting to specify, with reference to any tax, rate, toll, charge, rent or fee, any person, property, thing or circumstance shall be invalid by reason only of a mistake in the name, residence, place of business or occupation of the person or in the description of the property, thing or circumstance, or by reason of any mere clerical error or defect of form; and it shall be sufficient that the person, property, thing or circumstance is described sufficiently for the purpose of identification, and it shall not be necessary to name the owner or occupier of any property liable in respect of a tax.
No distress or sale made under this Act shall be deemed unlawful nor shall any person making the same be deemed a trespasser on account of any error, defect or want of form in the bill, notice, summons, warrant-of distress, inventory or other proceeding relating thereto, nor shall such person be deemed a trespasser from the commencement on account of any irregularity afterwards committed by him, but all persons aggrieved by such irregularity may recover full satisfaction for any special damage sustained by them in any court of competent jurisdiction, subject to the provisions of section 535.
Whenever any right is conferred or duty imposed by or under this Act, or by any rule or by-law made thereunder on the owner or occupier of any premises, and in consequence of there being gradations of owners or occupiers, doubt arises as to who is the owner or occupier entitled to exercise such right or bound to perform such duty, the Commissioners may, after due inquiry, determine from time to time which of such owners or occupiers shall be deemed to be so entitled or bound.
Every Commissioner, every municipal officer and servant, every person employed for the collection of any municipal rate, tax, or fee and every person authorized by the Chairman or the Commissioners at a meeting or otherwise to do any act under this Act or any rule or by-law made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code ; and in the definition of legal remuneration in section 161 of that Code, the word Government shall, for the purposes of this section, be deemed to include a body of Municipal Commissioners.
No person shall obstruct or molest any person (not being a person referred to in section 540) with whom the Commissioners have entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue, or in consequence of this Act or any rule or by-law made thereunder.
No person shall without the permission of the Commissioners remove any boundary mark set up under the provisions of this Act or any mark set up for the purpose of indicating any level, measurement or direction necessary to the execution of works authorized by this Act or by any rule or by-law made thereunder.
Notwithstanding anything contained in section 3 of the Village Chaukidari Act, 1870, the provisions of Part II of the said Act, relating to chaukidari chakran lands, shall be applicable to all such lands which have been assigned before the commencement of the said Act for the benefit of any part of a municipality, and all duties and functions which the pancchayat of a village or any member thereof is required to discharge under the provisions of the said Part shall be discharged, and all powers which the panchayat of a village or any member thereof is authorized to exercise under the said Part shall be exercised by the Commissioners of such municipality, and the proceeds of the assessment on such lands made under the said Part shall be paid into the Municipal Fund; and shall be available for the purposes of such fund.
Sec. 543A ins. by W.B. Act 27 of 1955. . Whenever it is provided under this Act that the State Government may take action after considering the views of the Commissioners at a meeting, or shall not take action except after considering such views, if the Commissioners at a meeting fail to furnish the State Government with their views within such time or such extended time as the State Government may fix in that behalf, the State Government may proceed to take action in each case as if it were bound to take action after considering the views of the Commissioners as aforesaid.
The [State Government] may, with regard to municipalities generally or to any municipality or class of municipalities and subject to such conditions or restrictions as it may deem fit to impose, by notification delegate to the [District Magistrate] [or the Chief Executive Officer of the Council] any of the powers vested in [State Government] by this Act, except any power to make rules and the powers conferred by sections 6, 8, 13, 15, [285,548,549] 552 and 553.
Secs.544A and 544B Ins. by W.B. Act 27 of 1955. .-
(1) The State Government may 2626. Words "If it thinks fit," om. by W.B. Act 51 of 1980. * * * * appoint a Director of Local Bodies 2727. Words subs. for the words "to exercise" by W.B. Act 10 of 1982. [and vest him with] the powers conferred on or delegated under this Act to the 27a27a. Words subs. for the words "Commissioner of the Division" by W.B. Act 51 of 1980. [District Magistrate] 2828. Words ins. by W.B. Act 17 of 1988. [, excluding the powers, if any, so conferred or delegated to the Chief Executive Officer of the Council,] and upon such 2929. Words subs. for the word "appointment" by W.B. Act 10 of 1982. [vesting] the 3030. Words subs. for the word "Commissioner" by W.B. Act 51 of 1980. [District Magistrate] shall cease to exercise the said powers.
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Secs.544A and 544B Ins. by W.B. Act 27 of 1955. . The State Government 26* ****** may, by notification, appoint one or more 3232. Words subs. for the words "Inspector or Inspectors" by W.B. Act 51 of 1980. [Deputy Director or Assistant Director] of Local Bodies to exercise such of the powers and perform such of the functions referred to in sub-section (1) of section 545 as may be prescribed from time to time.
Sec. 545 remembered as sub-sec.(1) and sub-sec.(2) ins. by W.B. Act 27 of 1955.
(1)3434. Portion of words subs. for the words by W.B. Act 51 of 1980. which were as under: "The Commissioner of the Division or the District Magistrate or the Magistrate in charge of a subdivision when he is not a member of the municipality, within the limits of his division or district or subdivision, as the case may be, or a Magistrate of the first class authorised in writing by any one of them, may-". [3535. Words subs. for the words The Director of Local Bodies by W.B. Act 10 of 1982. (Notwithstanding anything contained elsewhere in this Act, the Director of Local Bodies] or within the limits of his district or subdivision, 3636. Words ins. by W.B. Act 17 of 1988. (excluding the hill areas,) the District Magistrate or the Magistrate in charge of a subdivision, as the case may be, when he is not a m
Sec. 545A ins. by W.B. Act 27 of 1955. . The State Government may at any time-
(a) call for any document in the possession or under the control of the Commissioners ;
(b) require the Commissioners to furnish any return, plan, estimate, statement, account or statistics ;
(c) require the Commissioners to furnish any information or report on any municipal matter.
A work, or institution, constructed or maintained, in whole or part, at the expense of the Commissioners and all registers, books, accounts or other documents relating thereto shall, at all times, be open to inspection by such officers as the 4242. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may appoint in this behalf.
The Chief Engineer, Public Health Department, the Director of Public Health or Deputy or Assistant Director of Public Health, the Civil Surgeon of the district, the Executive Engineer, the Inspector of Schools, and any other officer specially authorised by the 4242. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] in this behalf shall be entitled to attend a meeting of the Commissioners to address the Commissioners on any matter affecting their respective departments.
Sub-sec. (1)subs. by W. B. Act 51 of 1980 which was earlier as under : "(1)The State Government may by order in writing annul any proceeding which it considers not to be in conformity with law and with the rules in force thereunder and may do all things necessary to secure such conformity, or may suspend any resolution which it considers likely to lead to a serious breach of the peace, or to cause serious injury, or annoyance, to the public, or to any class or body or persons.".
(1) The State Government may, after giving the Commissioners a reasonable opportunity of being heard,
Provided that pending the hearing to be given to the Commissioners the State Government may suspend the operation of such proceeding or resolution.
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(1) If at any time it appears to the 4646. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government], that the Commissioners have made default in performing any duty imposed on them by or under this or any other Act, the 4646. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may, by an order in writing, fix a time for the performance of that duty.
(2) If such duty is not performed within the time fixed, the 4646. Words
Sec. 550 om. by W. B. Act 51 of 1980 which was under : **********
If the expense is not paid under sub-section (2) of section 549 4949. Words and figures "or under sub-section (3) of section 550" om. by W.B. Act 51 of 1980. ******** the District Magistrate, with the previous sanction of the 50[State Government], may make an order directing the person having the custody of the balance of the Municipal Fund to pay the expense, or so much thereof as is from time to time payable from the balance, in priority to any other charges against the same and such person shall pay accordingly.
If, in the opinion of the 5151. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government], the Commissioners have shown their incompetency to perform or have persistently made default in the performance of the duties imposed on them by or under this Act or by any other law, or have exceeded or abused their powers, the 5151. Words "Provincial Government" first subs. for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word "State" subs. for the word "Provincial" by the Adaptation of Laws Order, 1950. [State Government] may, by an order published, with the reasons for making it, in the 5252. Words subs. for the word "Calcutta Gazette" by the Government of I
Sec. 553 subs. by W. B. Act 51 of 1980 which was earlier as under: "553. Power to supersede Commissioners in case of incompetency, default or abuse of powers'. (1) If, in the opinion of the State of Government, the Commissioners have shown their incompetency to perform, or have persistently made default in the performance of the duties imposed on them by or under this Act or by any other law, or have exceeded or absued their powers, the State Government may. by an order published with the reasons for making it. In the Official Gazette, declare such Commissioners to be incompetent, or in default, or to have exceeded or abused their powers, as the case may be, and supersede them for a period to be specified in the order : Provided that except in case of misappropriation of municipal funds or persistent default in the performance of duties by the Commissioners the State Government shall not ordinarily exercise power under this s
Sec. 554 subs. by W. B. Act 18 of 1961, which was earlier as under : "554. Consequence of supersession. ; (1) When an order of supersession has been passed under section 553, the following consequences shall ensure : (a) all the Commissioners shall, as from the date of the order, vacate their offices as such Commissioners : (b) all the powers and duties which may, under the provisions of this Act or any rule or by-law made thereunder, be exercised and performed by the Chairman and by the Commissioners whether at a meeting or otherwise, shall, during the period of supersession, be exercised and performed by such person or persons as the Local Government may direct; (c) all property vested in such Commissioners shall, during the period of supersession, vest in the Government. (2) On the expiration of the period of supersession specified in the order, Local Government may- (i) extend the period of supersession for such further t
Where specific provision is made in any section of this Act for its being extended by the 6l[State Government] to any municipality, the 61IState Government] may, at any time, by order, withdraw any section it may thus have extended to any municipality from operation in such municipality, and such section shall cease to have effect in the said municipality from the date of the order.
If any dispute arising out of the operation of this Act for the decision of which this Act does not otherwise provide arises between the Commissioners of any municipality constituted, under this Act, and any other local authority, such dispute shall be referred to the 61[State Government] whose decision shall be final and shall not be questioned in any court.
(1) The [State Government] may by rules alter, add to, or cancel any rule or parts thereof or may by notification alter, add, or cancel any entry contained, in 62[Schedules III, IIIA, IV, IVA,] VII, VIII and IX to this Act.
(2) All references in this Act to any schedule which may be amended under sub-section (1)63 ********* shall be construed as references to such schedules as for the time being amended.
SCHEDULE 1
SCHEDULE
[Enactments repealed.].-Rep. By Ben. Act 1 of 1939.
SCHEDULE II
Om. by W. B. Act 11 of 1947.
SCHEDULE III
(See sections 123, 168, 169, 171. 172 and 557.)
Tax an carriages and on horses and other animals.
Per half-year
Rs.
(1)
On every Jin-rickshaw.
4.00
&nb
SCHEDULE IIIA
[See section 128(3).]
Parts of plant or of combination of plant and machinery in certain cases not to be excluded in calculating the annual value of any holding.
........The following parts of a plant or a combination of plant and machinery whenever and only to such extent as any such part is, or is in the nature of, a building or structure:
........Acid Concentrators;
........Bins and Hoppers;
SCHEDULE IV.
(See sections 182, 215 and 557.)
Professions, trades and callings
........Every certificate of enlistment shall be granted under one or other of the classes mentioned in the second column of the following table:
Serial No.
Classes
1
2
SCHEDULE IVA
(Sec section 182A)
Tax on advertisements
Per month.
Per year
1.
Advertisements on hoardings, walls or posts in the form of non-illuminate sky signs.
SCHEDULE omitted
3. The spread of the foundation shall be such that the pressure on the soil, taking into account the load on the floors and terrace roof (if any) shall not in any case exceed a maximum to be laid down by the Commissioners at a meeting with the approval of the State Government. Schedule VI of the Bengal Municipal Act, 1932, delineates the penalties and fines applicable for various violations of the Act. It provides a structured framework for imposing sanctions to ensure compliance with municipal regulations. Schedule VI specifies the nature and quantum of penalties, including fines, for contraventions of provisions under the Bengal Municipal Act, 1932. It details the types of violations that attract penalties and the maximum amounts that can be levied. The section applies to all violations of the Bengal Municipal Act, 1932, as enumerated in Schedule VI. It covers breaches related to building sanctions, licensing, tax payments, and other municipal regulations. Penalties generally include monetary fines, which may vary depending on the severity of the violation. In some cases, additional measures such as imprisonment or confiscation may be prescribed, although Schedule VI primarily emphasizes fines. This concise legal commentary highlights the key aspects of Schedule VI of the Bengal Municipal Act, 1932, emphasizing its role in regulating municipal compliance through prescribed penalties.
4. The depths of the foundation shall be Chairman may approve.
5. The plinth of every such building, except in the case of motor garages and coach houses, shall be at least 45.72 centimeters] above the level of the centre of the nearest street.
6. The plinth of stables and cowsheds shall be at least 30,48 centimeters above such level.
Legal Commentary on Bengal Municipal Act, 1932 - Schedule VI
Introduction
What does Section Say
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
SCHEDULE VII
(See sections 474, 477 and 557.)
Rules for the construction, etc., of private roads and bridges.
Part I-Roads.
1. Application for permission to construct, reconstruct, or alter a private road.-(1) Every application for permission to construct, re-construct or alter a private road other than a foot-path must be accompanied by-
(a) a plan of the road, showing cross-sectio
SCHEDULE SCHEDULE VIII
(See sections 471, 482 and 557.)
Rules for the construction, etc., of private drains.
1. Construction of drains for sullage water.Drains for sullage water shall be constructed with half or one-third glazed earthenware tile inverts and cement sides.
2. Construction of drains for surface water.(1) Drains for surface water only may be constructed either of dry rubble masonry or of any other material approved by the Commissioners, and may be either rectangular or U-shaped on V-shaped in section.
SCHEDULE IX
(See sections 492 and 557.)
Rules as to revetting, turfing and sloping.
Part 1.Revetments, Retaining-walls and Toe-walls.
1. Foundation and bed-line.-(1) The foundation of every revetment, retaining-wall or toe-wall must be taken down to original and firm soil or rock; and the bed-line must be cut at right angles with the face of the revetment or wall.
(2) The building of any revetment, retaining-wall or toe-wall shall not be commenced until the foundation and be
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