CALCUTTA IMPROVEMENT ACT, 1911
(1) This Act may be called the Calcutta Improvement Act,1911.
(2) It shall come into force on such day22. See Notification No. 1148, dated the 30.10.1911. as the 33. Words subst. by the Adaptation o Laws Order, 1950. [State Government] may, by notification, direct.
(3) Except as otherwise hereinafter provided, this Act shall extend only to the Calcutta Municipality ; but any provision which extends only to the Calcutta Municipality may be extended by the 33. Words subst. by the Adaptation o Laws Order, 1950. [State Government], entirely or in part, by notification, under the procedure prescribed by section 148, to any specified area in the neighbourhood of that Municipality.
In this Act, unless there is anything repugnant in the subject or context,
44. Clause (la) inst. by Ben. Act 8 of 1931. (1a) "betterment fee" means the fee prescribed by section 78A in respect of an increase in value of land resulting from the execution of an improvement scheme ;
(a) "the Board" means the Board of Trustees for the improvement of Calcutta, constituted under this Act;
55. Clause (aa) inst. by Ben. Act 3 of 1915. (aa) "Building line" means a line (in rear of the street alignment) up to which the main wall of a building abutting on a projected public street may lawfully extend;
66. Clause (b). wor
The duty of carrying out the provisions of this Act shall, subject to the conditions and limitations hereinafter contained, be vested in a Board, to be called, "The Trustees for the Improvement of Calcutta"; and such Board shall be a body corporate and have perpetual succession and a common seal, and shall by the said name sue and be sued.
(1)the Board shall consist of 12[twelve Trustees] namely:
(a) a Chairman, appointed by the State Government by notification,
(b) the Commissioner of the Corporation, ex-officio,
(c) three members of the Corporation elected by the Corporation,
(cc) an official of the Calcutta Metropolitan Development Authority appointed by the State Government by notification,
(d) two members representing the four Chambers of Commerce, that is to say, the Bengal Chamber of Commerce, the Bengal National Chamber of Commerce, the Indian Chamber of Commerce and the Bharat Chamber of Commerce, elected in the manner prescribed by rules by the State Government, and
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omitted by W. B. Act 52 of 1950].
Omitted by W. B. Act 32 of 1955.]
Omitted by W. B. Act 32 of 1955).
Omitted by W. B. Act of 1955].
If any of the bodies of electors referred to in [clause (c) or clause (d) of sub-section (1) of section 4] does not, by such date as may be prescribed by rule made in that behalf under section 137, elect a person to be a Trustee, the [State Government] shall, by notification, appoint a person belonging to such body to be a Trustee; and any person so appointed shall be deemed to be a Trustee as if he had been duly elected by such body.
(1) A person shall be disqualified for being appointed or elected a Trustee if he
(a) has been sentenced by any Court for any non-bailable offence, such sentence not having been subsequently reversed or quashed, and su'ch person's disqualification on account of such sentence not having been removed by an order which the 15a15a. Words subst. by the Adaptation of Laws Order, 1950. [State Government] is hereby empowered to make, if it thinks fit, in this behalf; or
(b) is an undischarged insolvent; or
(c) holds any office or place of profit under the Board; or
(d) has, directly or indirectly, by himself, or by any partner, employer or employee, any share or interest in any contract or employment with, by,
1616. Sec. 10 subst. by W.B. Act 22 of 1948. . While any person is holding the office of Chairman, he shall not hold any other salaried office and shall devote his whole time and attention to his duties under this Act:
Provided that the 1717. Word subst. by the Adaptation cf Laws Order, 1950. State Government may require him to hold some other salaried office in addition to the office of Chairman or may permit him to perform any honorary duties which in the opinion of the 17State Government will not interfere with the performance of his duties under this Act.
Sub-sec. (1) and words in sub-sec. (31 subst. by W.B. Act 42 of 1983.
(1) The Chairman shall receive such monthly salary not exceeding three thousand and five hundred rupees as may be fixed by the State Government.
(2) the word "salary", as used in this section, excludes allowances to which the Chairman may be entitled and any contribution payable on his account under any general or special orders of the Government for regulating the transfer of Government servants to foreign service.
(3) The 1717. Word subst. by the Adaptation cf Laws Order, 1950. State Government may, if it thinks fit, direct the payment to the Chairman 1818. Sub-sec. (1) and words in sub-sec. (31 subst. by W.B. Act 42 of 1983. [su
(1) The 1717. Word subst. by the Adaptation cf Laws Order, 1950. State Government may, after consultation with the Board, grant leave of absence to the Chairman or depute him to other duties, for such period as it thinks fit.
(2) The allowance (if any) to be paid to the Chairman while absent on leave or deputation shall be such amount, not exceeding his salary, as may be fixed by the 2020. Words subst. by the Adaptation of Laws Order. 1950. [State Government] :
2121. Proviso subst. by the Government of India (Adaptation of Indian Laws) Order, 1937. Provided that, if the Chairman is a servant of the Government, the amount of such allowance of such allowance shall be such as he may be entitled to under the conditions of his.service under 2020. Wor
Word subst. and words inst. by W.B. Act 32 of 1955. [When] the Chairman is granted leave of absence or deputed to other duties, the 21a21a. Words subst. by the Adaptation of Laws Order, 1950. [State Government] may appoint a person to act as Chairman 2222. Word subst. and words inst. by W.B. Act 32 of 1955. [during the period of leave or deputation, as the case may be.]
(2) The salary and house-rent and conveyance allowance (if any) of any person appointed to act as Chairman shall be fixed by the 21a21a. Words subst. by the Adaptation of Laws Order, 1950. [State Government], subject to the provisions of section 11.
(3) Any person appointed to act as Chairman shall exercise the powers and perform the duties conferred and imposed by and under this
The Board may permit any Trustee, other than the Chairman or the 2323. Words subst. by Ben. Act 1 of 1939 and W.B. Act 32 of 1955, respectively. [Commissioner of the Corporation], to absent himself from meetings of the Board for any period not exceeding six months.
(1) The 21a21a. Words subst. by the Adaptation of Laws Order, 1950. [State Government] may, by notification, declare that any Trustee shall cease to be a Trustee
(a) if he has acted in contravention of section 23, or
(b) if he has been absent from, or is unable to attend, the meetings of the Board for any period exceeding six consecutive months,or
(c) if he has, without the permission of the Board, been absent from the meetings of the Board for any period exceeding three consecutive months, or
(d) if he is a salaried servant of the Government, and if his continuance in office as a Trustee is, in the opinion of the 21a21a. Words subst. by the Adaptation of Laws Order, 1950. [State Government], undersira
If any Trustee be permitted by the Board to absent himself from meetings of the Board for any period exceeding three months, or if any Trustee, other than the 2626. Words, figures and brackets subst. by W.B. Act 32 of 1955. [Commissioner of the Corporation], dies, or resigns the office of Trustee, or ceases to hold the office of Trustee in pursuance of a notification published under section 15, the vacancy shall be filled, within one month, by a fresh appointment or election under 2626. Words, figures and brackets subst. by W.B. Act 32 of 1955. [sub-section (1) of section 4] or section 8, as the case may be.
(1) The term of office of the first Trustees appointed or elected under 2626. Words, figures and brackets subst. by W.B. Act 32 of 1955. [sub-section (1) of section 4] or section 8, other than the Chairman, shall commence on such day as may be appointed by the 2525. Words subst. by the Adaptation of Laws Order. 1950. [State Government],
(2) Subject to the provisions of section 15, the term of office of Trustees other than the 2727. Words subst. by Ben. Act 1 of 1939 and W.B. Act 32 of 1955. respectively. The Proviso subst. by W.B. Act 32 of 1955. [Commissioner of the Corporation] shall be as follows:
2828. Clause (a) first subst. by W.B. Act 32 of 1955. Then tt was again subst. by the Sch. to W.B. Act 11 of 1972, (a) the Chairman such period no
The Board shall meet, and shall from time to time make such arrangements with respect to the place, day, hour, notice, management and adjournment of their meetings, as they may think fit, subject to the following provisions namely:
(a) an ordinary meeting shall be held once at least in every month;
(b) the Chairman may, whenever he thinks fit, and shall upon the written request of not less than two other Trustees, call a special meeting;
(c) the Chairman shall attend every meeting of the Board unless absent on leave or prevented by sickness or other reasonable cause;
2929. Clause (d) subst. by W.B. Act 42 or 1
(1) The Board may associate with themselves, in such manner and for such period as may be prescribed by rules made under section 138 3131. Words subst. by W.B. Act 32 of 1955. [any person or persons! whose assistance or advice they may desire in carrying out any of the provisions of this Act.
(2) A person associated with themselves by the Board under sub-section (1) for any purpose shall have a right to take part in the discussions of the Board relative to that purpose, but shall not have a right to vote at a meeting of the vote at a meeting of the Board, and shall not be a member of the Board, and shall not be a member of the Board for any other purpose,
(1) The Board may from time to time appoint Committees consisting of such persons of any of the following classes as they may think fit, namely:
(i) Trustees,
(ii) persons associated with the Board under section 19,
(iii) other persons whose assistance or advice the Board may desire as members of Committees:
Provided that no Committee shall consist of less than three persons.
(2) The Board may
(a) refer to such Committees, for inquiry and report, any matter relating to any of the purposes of this Act, and
(1) Committees appointed under section 20 may meet and adjourn as they think proper ; but the Chairman may, whenever he thinks fit, call a special meeting of any Committee, and shall call a special meeting of any Committee upon the written request of not less than two members thereof.
(2) The person to preside at a meeting of a Committee shall be the Chairman, if he is a member of the Committee, or, if he is not a member 3232. Words inst. by W.B. Act 32 of 1955. [or is absent], then the members present shall choose one of their number to preside.
3333. Sub-sec. (3) subst. by W.B. Act 42 of 1983. (3) One-half of the number of the members of the Committee shall make a quorum for transaction of business at any meeting :
Every Trustee (other than the Chairman), and every person associated with the Board under section 19, shall be entitled to receive a fee of 3434. Words subst. by W.B. Act 42 of 1983. [fifty rupees], and every member of a Committee shall be entitled to receive a fee of 3434. Words subst. by W.B. Act 42 of 1983. [twenty five rupees], for each meeting of the Board or the Committee
(i) at which a quorum is present and business is transacted, and
(ii) which he attends 3535. Words omitted by W.B. Act 32 of 1955. * * * * * ;
Provided that the aggregate amount of fees payable to any person in respect of meeting of any kind held during any month shall not exceed such sum as may be prescribed by any rule made
(1) A Trustee who
(a) has, directly or indirectly, by himself or by any partner, employer or employee, any such share or interest as is described in sub- section (2) of section 9, in respect of any matter, or
(b) has acted professionally, in relation to any matter, on behalf of any person having therein any such share or interest as aforesaid, shall not vote or take any other part in any proceeding of the Board or any Committee relating to such matter,
(2) If any Trustree, or any person associated with the Board under section 19, or any other member of a Committee appointed uner this Act, has, directly or indirectly, any beneficial interest in any land situated in an area conprised in any improvment
Sec. 23A inst. by W.B. Act 8 of 1972. The Board may, on behalf of any person or the State Government, execute any work or render any service, not being a work or service which is incosistent with the provisions of this Act, in any area to which this Act applies on such terms and conditions as may be agreed upon between the Board and such person or the State Government, as the case may be :
Provided that when any work is executed or any service is rendered on behalf of any person, no such work shall be executed or services rendered except with the previous sanction of the State Government.
The Board may 3737. Words and sec. 24A inst. and provisos subst. by W.B. Act 32 of 1955. [perfom all such functions or] enter into and perform all such contracts as they may consider necessary or expedient for carrying out any of the purposes of this Act.
Words and sec. 24A inst. and provisos subst. by W.B. Act 32 of 1955. The Board may determine either generally for any class of ca^es or specially for any particular case whether the work should be executed or materials purchased by contract or otherwise.
(1) Every such contract shall be made on behalf of the Board by the Chairman:
3737. Words and sec. 24A inst. and provisos subst. by W.B. Act 32 of 1955. Provided that a contract, involving an expenditure exceeding 3838. Words subst. by W.B. Act 42 of 1983. [fifty thousand rupees] shall not be made by the Chairman without the previous sanction of the Board;
3737. Words and sec. 24A inst. and provisos subst. by W.B. Act 32 of 1955. Provided further that a contract involving an expenditure exceeding 3838. Words subst. by W.B. Act 42 of 1983. [twenty-five lakhs of rupees] shall not be made without the previous sanction of the State Government;
(2) Every esti
(1) Every contract made by the Chairman on behalf of the Board shall be entered into in such manner and form as would bind the Chairman it' such contract were made on his own behalf, except that the common seal of the Board shall be used (where necessary); and every such contract may in the like manner and form be varied or discharged.
(2) Every conteact for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding 4040. Words subst. by W.B. Act 42 of 1983. [five thousand rupees] shall be in writing, and shall be sealed.
(3) The common seal of the Board shall remain in the custody of the Secretary to the Board, and shall not be affixed to any contract or other instrument except in the presence
(1) At least seven days before the Chairman enters into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding 4141. Words subst. by W.B. Act 42 of 1983. [fifty thousand rupees] he shall give notice by advertisement in focal newspapers inviting tenders for such contract:
4242. Proviso added by W.B. Act 32 of 1955. Provided that the Board may, at the instance of the Chairman and with the sanction of the State Government, for season which shall be recorded in the proceedings, authorize the Chairman to enter into a contract without inviting tenders.
(2) In every such case the Chairman shall place before the Board the specifications, conditions an estimates and all the tenders
The Chairman shall take sufficient security for the due performance of every contract involving an expenditure exceeding 4444. Words subst. by W.B. Act 42 of 1983. [five thousand rupees].
(1) The Chairman shall forward to the 4343. Words subst. by the Adaptation of Laws Order, 1950. [State Government] a copy of the minutes of the proceedings of each meeting of the Board, within ten days from the date on which the minutes of the proceedings of such meeting were signed as prescribed in section 18, clause (h).
(2) If the 4343. Words subst. by the Adaptation of Laws Order, 1950. [State Government] so directs in any case, the Chairman shall forward to it a copy of all papers which where laid before the Board for consideration at any meeting.
(3) The 4343. Words subst. by the Adaptation of Laws Order, 1950. [Statc Government] may require the Chairman to furnish it with
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Sec. 29A inst. by W.B. Act 13 of 1975. .
(1) If after consideration of any report or of any information received, the State Government is of opinion
(a) that any action taken by the Board is unlawful or irregular or any duty imposed upon it by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner, or
(b) that adequate financial provision has not been made for the performance of any duty, the State Government may by an order restrain the Board from performing the act or direct the Board within a period specified
Provided that, unless in the opinion of the State Government the immediate execution of such order is necessary, the State Governmen
The Board shall from time to time prepare, and shall maintain, a statement showing
(a) the number, designations and grades of the officers and servants (other than employees who are paid by the day or whose pay is charged to temporary work) whom they consider it necessary and proper to employ for the purposes of this Act,
(b) the amount and nature of the salary, fees and allowances to be paid to each such officer and servant, and
(c) the contributions payable under section 146 in respect of each such officer and servant.
The Board shall from time to time make rules
(a) fixing the amount and nature of the security to be furnished by any officer or servant of the Board from whom it may be deemed expedient to require security;
(b) for regulating the grant of leave of absence, leave allowances and acting allowances to the officers and servants of the Board; 4646. Words omitted by W.B. Act 32 of 1955. **
(c) for establishing and maintaining a provident or annuity fund, for compelling all or any of the officers or servants of the Board (other than any 4747. Words subst. by the Adaptation of Laws Order. 1950. [servant of the Government] in respect of whom a contribution is paid under section 146) to contribute to such fund,
Sec. 32 was renumbered as sub-sec. (1) of that sec. by W.B. Act 42 of 1983.
(1) Subject to any directions contained in any statement prepared under section 30 and any rules made under section 31, and for the time being in force, the power of appointing, promoting and granting leave to officers and servants of the Board, and reducing, suspending or dismissing them for misconduct, and dispensing with their services for any reason other than misconduct, shall be vested
(a) in the case of officers and servants whose monthly salary does not exceed 5252. Words subst. by W.B. Act 42 of 1983. [seven hundred and fifty rupees] in the Chairman, and
(b) in other cases in the Board:
Provided that any officer or se
(a) All statements prepared under section 30, so far as they relate to officers carrying a salary of more than one thousand rupees per mensem.
(b) all rules made under 5454. Subst. by W.B. Act 32 of 1955. [clause (b), clause (c), clause (d\ clause (e) or clause (f)] of section 31, and
(c) all orders passed by the Board under 5555. Subst. by W.B. Act 42 of 1983. [sub-section (1) of section 32], and relating to any officer appointed to hold an office carrying a salary of more than 5555. Subst. by W.B. Act 42 of 1983. [one thousand and five hundred rupees] per mensem, except orders granting leave to, 5656. Words omitted W.B. Act 42 of 1983. * * * *, any such officer, shall be subject to the previous sanction of the 5757. Subst. by the Adaptation of
The Chairman shall exercise supervision and control over the acts and proceedings of all officers and servants of the Board; and, subject to the foregoing sections, shall dispose of all questions relating to the service of the said officers and servants, and their pay, privileges and allowances.
(1) The Chairman may, by general or special order in writing, delegate to any officer of the Board any of the Chairman's powers, duties or functions under this Act or any rule made hereunder, except those conferred or imposed upon or vested in him by sections 18, 21, 29, 55, 108, 112, 116, 118, 154 and 158:
Provided as follows:
(a) the Chairman shall not delegate his power under section 25 to make on behalf of the Board any contract involving an expen- diture exceeding 5858. Words subst. by W.B. Act 42 of 1983. [five thousand rupees]; 5959. Clauses (b) and [c) omitted by W.B. Act 42 of 1983. * * * * * * * 5959. Clauses (b) and [c) omitted by W.B. Act 42 of 1983. * * * * * * *
Secs. 35A to 35C inst. by W.B. Act 32 of 1955. The Board may, subject to the provisions of this Act, undertake any works and incur any expenditure for the improvement and development of any area to which this Act applies and for the framing and execution of such improvement schemes as may be necessary from time to time.
Secs. 35A to 35C inst. by W.B. Act 32 of 1955. When framing an improvement scheme in respect of any area, regard shall be had to
(a) the nature and the conditions of neighbouring areas and of Calcutta as a whole;
(b) the several directions in which the expansion of Calcutta appears likely to take place; and
(c) the likelihood of improvement schemes being required for other parts of Calcutta.
Secs. 35A to 35C inst. by W.B. Act 32 of 1955.
(1)An improvement scheme may provide for all or any of the following matters, namely:
(a) the acquisition by the Board of any land in the area comprised in the scheme, which will in their opinion be required for or affected by the execution of the scheme;
(b) the laying out or re-laying out of the land comprised in the scheme;
(c) the demolition, alteration or reconstruction of buildings or portions of buildings situated on the land which it is proposed to acquire in the said area;
(d) the construction of any building which the Board may consider necessary to erect for carrying out any of the purposes of this A
Sec. 35D inst. by W.B. Act 32 of 1955, An improvement scheme may be of one of the following types or a combination of any two or more of such types or of any special features thereof, that is to say
(a) a general improvement scheme,
(b) a street scheme,
(c) a housing accommodation scheme,
(d) a re-housing scheme.
This ser. subst. by W.B. Act 32 of 1955. Whenever it appears to the Board, whether upon official representation made under section 37 or without such representation,
(a) that any buildings in any area which are used as dwelling places are unfit for human habitation, or
(b) that danger to the health of the inhabitants of any area or of a neighbouring area is caused by
(i) the narrowness, closeness and bad arrangement and conditions of streets or buildings or groups of buildings in such area, or
(ii) the want of light, air, ventilation or proper conveniences in such area, or
(iii) any other sanitary defects in su
(1) An official representation referred to in section 36 may be made by the Corporation
(a) of their own motion; or
(b) on a written complaint by the 6464. Word subst. by W.B. Act 32 of 1955. [Commissionerj of the Corporation; or
(c) in respect of any area comprised in a municipal ward, on a written complaint signed by twenty-five or more residents of such ward who are liable to pay either the owner's share or the occupier's share of the consolidated rate leviable under 6565. Words and figures subst. by W.B. Act 32 of 1955. [the Calcutta Municipal Act, 1951.]
(2) If the Corporation decide not to make an official representation on any complaint made to them
(1) The Board shall consider every official representation made under section 37, and, if satisfied as to the truth thereof and to the sufficiency of their resources, shall decide whether a general improvement scheme to carry such representation into effect should be framed forthwith or not, and shall forthwith intimate their decision to the Corporation.
(2) If the Board decide that it is not necessary or expedient to frame a general improvement scheme forthwith, they shall inform the Corporation of the reasons for their decision.
(3) If the Board fail, for a period of twelve months after the receipt of any official representation made under section 37 to intimate their decision thereon to the Corporation, or if the Board intimate to the Corpora
Whenever the Board are of opinion that, for the purpose of
(a) providing building-sites, or
(b) remedying defective ventilation, or
(c) creating new, or improving existing, means of communication and facilities for traffic, or
(d) affording better facilities for conservancy,
it i's expedient to lay out new streets or to alter existing streets (including bridges, causeways and culverts), the Board may pass a resolution to that effect, and shall then proceed to frame a street scheme for such area as they may think fit.
Secs. 39A, 39B and inst by W. B. Act 32 of 1955. Whenever the Board are of opinion that it is expedient and for the public advantage to provide housing accommodation for any class of persons in any area to which this Act applies, the Board may frame a scheme to be called a housing accommodation scheme, for the aforesaid purpose.
Secs. 39A, 39B and inst by W. B. Act 32 of 1955. The Board may frame schemes (in this Act called rehousing schemes) for the construction, maintenance and management of such and so many dwellings, shops and other classes of accommodation as they may consider ought to be provided for persons who
(a) are displaced by the execution of any improvement scheme sanctioned under this Act, or
(b) are likely to be displaced by the execution of any improvement scheme which it is intended to frame, or to submit to the State Government for sanction under this Act.
See. 39C inst. by W. B. Act 32 of 1955.
(1) When a general improvement scheme mentioned in section 36 or a housing accommodation scheme mentioned in section 39A or a combination of both, is likely to involve displacement of persons dwelling in a bustee, provisions for rehousing such persons shall be made either in the same scheme or by another scheme and the scheme or schemes, as the case may be, together with a statement of the rent or rents proposed to be charged for such rehousing, shall be submitted to the State Government for its approval before any steps are taken under section 43.
(2) In considering the scheme or schemes submitted under sub-section (1), the State Government shall have regard to the rent or rents indicated in the said scheme or schemes for accommodation to be provided
Omitted by W.B. Act 32 of 1955.
Omitted by W.B. Act 32 of 1955.
Omitted by W.B. Act 32 of 1955.
(1)When any improvement scheme has been framed, the Board shall prepare a notice, stating
(a) the fact that the scheme has been framed,
(b) the boundaries of the area comprised in the scheme, and
(c) the place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire 7070. Words inst. by Ben. Act 8 of 1931. [and of the land in regard to which it is proposed to recover a betterment fee], may be seen at reasonable hours.
(2) The Board shall
(i) cause the said notice to be published weekl
Sec. 44 first subst. by SCH. III to W. B. Act 13 of 1966. Then it was again subst. by W. B. Act 42 of 1983. The Commissioner of the Corporation, the Chairman of any Municipality, the General Manager of the Calcutta Metropolitan Water and Sanitation Authority or the Chief Executive Officer of the Calcutta Metropolitan Development Authority, to whom a copy of the notice has been sent under clause (ii) of sub-section (2) of section 43 shall, within a period of sixty days from the date of receipt of the said copy, forward to the Board any representation which the Corporation, the Municipality or the Authority concerned, as the case may be, may think fit to make with regard to the scheme:
Provided that any direction issued by any authority constituted under the West Bengal Town and Country (Planning and Development) Act, 1979, to the Board as to the improvement scheme shall be carried
(1) During the thirty days next following the first day on which any notice is published under section 43 in respect of any improvement scheme, the Board shall serve a notice on
(i) every person whose name appears in the municipal assessment- book as being primarily liable to pay the owner's share of the consolidated rate, or the rate on the annual value of holdings, as the case may be, in respect of any land which the Board propose to acquire in executing the scheme 7474. Words subst. by Ben. Act 8 of 1931. [or in regard to which they propose to recover a betterment fee], and
(ii) the occupier (who need not be named) of each premises or holding entered in the municipal assessment-book, which the Board propose to acquire in executing the scheme.
Words subst. by Ben. Act 1 of 1939 and W. B. Ad 32 of 1955. respectively. [Commissioner of the Corporation], and the Chairman of any Municipality constituted under the Bengal Municipal Act, 7878. Figures subst. by Ben. Act 1 of 1939. [1932], in any part of which this section is for the time being in force, shall, respectively, furnish the Chairman, at his request, with a copy of, or extracts from, the municipal assessment-book at such charges as may be field by rule made under section 137.
(1) After the expiry of the periods respectively prescribed under section 43, clause (i), and by section 44 and section 45, clause (6), in respect of any improvement scheme, the Board shall consider any objection, representation and statement of dissent received thereunder, and, after hearing all persons making any such objection, representation or dissent who may desire to be heard, the Board may either abandon the scheme of apply to the 7979. Words subst. by the Adaptation of Laws Order, 1950. [State Government] for sanction to the scheme, with such modifications (if any) as the Board may consider necessary.
(2) Every application submitted under sub-section (1) shall be accompanied by-
(a) a description of, and full particulars relating to, t
The 81a81a. Words subst. by the Adaptation of Laws Order, 1950. [State Government] may sanction, either with or without modification, or may refuse to sanction, any improvement scheme submitted to it under section 47.
(1) Whenever the 81a81a. Words subst. by the Adaptation of Laws Order, 1950. [State Government] sanctions an improvement scheme, it shall announce the fact by notification, and the Board shall forthwith proceed to execute the scheme.
(2) The publication of a notification under sub-section (1), in respect of any scheme, shall be conclusive evidence that the scheme has been duly framed and sanctioned.
At any time after any improvement scheme has been sanctioned by the 8383. Words subst. by the Adaptation of Laws Order. 1950. [State Government} and before it has been carried into execution, the Board 8484. Words subst. by W. B. Act 32 of 1955. [may alter or cancel it] :
Provided as follows :
(a)if any alteration estimated to increase the estimated net cost of executing a scheme by more than five per cent, of such cost, such alteration shall not be made without the previous sanction of the 8383. Words subst. by the Adaptation of Laws Order. 1950. [State Government];
(b) if any alteration involves the acquisition, otherwise than by agreement, of any land the acquisition of which has not been sanctioned by the 8383. Words subst. by the Adaptation
Any number of areas in respect of which improvement schemes have been, or are proposed to be framed, may at any time be included in one combined scheme.
Omitted by W. B. Act 32 of 1955.
No street laid out or altered by the Board shall be of less width than
(a) forty feet, if the street be intended for carriage traffic, or
(b) twenty feet, if the street be intended for foot traffic only:
Provided as follows:
(i) the width of an existing street need not be increased to the minimum required by this section, if the Board consider it impracticable to do so;
(ii) nothing in this section shall be deemed to prevent the Board from laying our service passages for sanitary purposes of any width less than twenty feet.
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Sec. 54 subst. by Ben. Act 9 of 1923.
(1) Whenever any building, or any street, square or other land, or any part thereof, which
(a) is situated in the Calcutta Municipality and is vested in the Corporation, or
(b) is situated in any part of any Municipality constituted under the Bengal Municipal Act, 8888. Figures subst. by Ben. Act 1 of 1939. [1932], in which this section is for the time being in force, and is vested in the Commissioners of that Municipality,
8989. Words subst. by Ben. Act 1 of 1939 and W. B. Act 32 of 1955, respectively. [Commissioner of the Corporation] or the Chairman of such Municipality, as the case may be, and such building, street, square, other land or part, shall thereupon
(1) Whenever any street or square or part thereof which is not vested in the Board or in the Corporation or in the Commissioners of any Municipality constituted under the Bengal Municipal 9393. Figures subst. by Ben. Act 1 of 1939. [1932], is required for executing any improvement scheme, the Board shall cause to be affixed in a conspicuous place in or near such street, square or part, a notice, signed by the Chairman, and
(a) stating the purpose for which the street, square or part is required, and
(b) declaring that the Board will, on or after a date to be specified in the notice, take over charge of such street, square or part from the owner thereof,
(2) After considering and deciding all objectio
(1)When any building, or any street, square or other land, or any part thereof. has vested in the Board under section 54 or section 55, no municipal drain or waterwork therein shall vest in the Board until another drain or waterwork (as the case may be), if required, has been provided by the Board, to the satisfaction of the 9494. Subst. by Ben. Act 1 of 1939. [Corporation of Calcutta] or of the Commissioners of the Municipality constituted under the Bengal Municipal Act (Ben. Act. 15 of 1932), 9595. Figures subst. by Ben. Act 1 of 1939. [1932], as the case may be, in place of the former drain or work.
(2) If any question or dispute arises as to whether another drain or waterwork is required, or as to the sufficiency of any drain or waterwork 9696. Words subst. by the Adaptation of Laws Order, 1950. [State Government] whose decision sh
(1) 9797. Subst. by W.B. Act 32 of 1955. [Sections 350, 351, 362 and clause (c) of section 361 of the Calcutta Municipal Act, 1951] shall not apply to any street which is vested in the Board.
(2) 9898. Subst. by W. B. Act 32 of 1955. [Rules 5 and 6 in Schedule XV to] the said Act shall not apply when any drain, pavement or surface referred to in the said 9898. Subst. by W. B. Act 32 of 1955. [rule 5] is opened or broken up by the Board or when any public street is under construction by the Board.
Whenever the Board allow any street vested in them to be used for public traffic,
(a) they shall, as far as practicable, keep the street in good repair and do all things necessary for the safety and convenience of persons using it, and
(b) they shall cause the street to be watered, if they consider it necessary to do so for the public convenience.
Whenever any drain in, or the pavement or surface of, any street vested in the Board is opened or broken up by the Board for the purpose of carrying on any work, or whenever the Board allow any street which they have under construction to be used for public traffic, the Board shall cause the place to be fenced and guarded and to be sufficiently lighted during the night, and shall take proper precautions for guarding against accident by shoring up and protecting adjoining buildings, and shall, with all convenient speed, complete the said work, fill in the ground, and repair the said drain, pavement or surface, and carry away the rubbish occasioned thereby or complete the construction of the said street, as the case may be.
(1) When any work referred to in section 59 is being executed by the Board in any public street vested in them, or when any other work which may lawfully be done is being executed by the Board in any street vested in them, the Board may direct that such street shall, during the progress of such work, be either wholly or partially closed to traffic generally or to traffic of any specified description.
(2) When any such direction has been given, the Board shall set up in a conspicuous position in or near the street an order prohibiting traffic to the extent so directed, and shall fix such bars, chains or posts across or in the street as they may think proper for preventing or restricting traffic therein, after notifying in local newspapers their intention to do so.
(1) When any work is being executed by the Board in any public street vested in them, the Board shall, so far as may reasonably be practicable, make adequate provision for
(a) the passage or diversion of traffic;
(b) securing access to all premises approached from such street; and
(c) any drainage, water-supply or means of lighting which is interrupted by reason of the execution of the work.
(2) The Board shall pay reasonable compensation to any person who sustains special damage by reason of the execution of any such work.
(1) The Board may
(a) turn, divert, discontinue the public use of, or permanently close, any public street vested in them or any part thereof, or
(b) discontinue the public use of, or permanently close, any public squase vested in them, or any part thereof.
(2) Whenever the Board discontinue the public use of, or permanently close, any public street vested in them or any part thereof, they shall pay reasonable compensation to every person who was entitled, otherwise than as a mere licensee, to use such street or part as a means of access and has suffered damage from such discontinuance or closing.
(3) Whenever
Ser, 63 suhst. by Ben. Act 3 of 1915. -100100. Sub-sec. (1) subst. by W. B. Act 32 of 1955.
(1) The Board may from time to time in regard to any area
(a) within the Calcutta Municipality, or
(b) in the neighbourhood of the said municipality,make plans of
(i) proposed public streets showing the direction of such streets, the street alignment and building line (if any), on each side of them, their intended width and such other details as may appear desirable, and
(ii) proposed public parks showing such details as may appear desirable.
(2) When a plan of a proposed pub
(1) If any question or dispute arises
(a) between the Board and the previous owner of any street or square or part thereof which has vested in the Board under section 55 and has been altered or closed by them, as to the sufficiency of the compensation paid or proposed to be paid under sub-section (3) of that section, or
(b) between the Board and any person who was entitled, otherwise than as a mere licensee, to use as a means of access any street or square or part thereof which has vested in the Board under section 55,
(i) as to whether the alteration or closing of such street, square or part causes damage or substantial inconvenience to owners of property adjacent thereto or to residents in the neighbourhood, or
Sub-Sec. (1) subst. by W. B. Act 32 of 1955.
(1) When the Board are of opinion
(a) that any street laid out or altered by them has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plan sanctioned by the State Government under section 48,
(b) that such lamps, lamps-posts or other apparatus as are necessary for the lighting of such street have been provided, and
(c) that water and other sanitary conveniences ordinarily provided in a Municipality have been duly provided in such street,
Provided as follows:
If section 65 be extended, by notification, under section 1, sub-section (3), to any Municipality in the neighbourhoodi of the Calcutta Municipality, it shall be construed as if the references therein to the General Committee and the Corporation were references to the Commissioners of the former Municipality.
Notwithstanding anything contained in section 65 or section 66, the Board may retain any service passage which they have laid out for sanitary purposes, and may enter into an agreement with the Corporation or any other person for the supervision, repair, lighting and general management of any passage so retained,
The Board may enter into an agreement with any person for the purchase or leasing by the Board from such person of any land * * * * or any interest in such land [for carrying out any of the purposes of this Act.]
Explanation. The power of the Board to acquire land or any interest in such land by purchase or lease may be exercised not only in respect of lands falling within an improvement scheme already framed but also in respect of lands relating to which the Board may frame improvement schemes' in future and shall be exercised after obtaining the previous sanction of the State Government.
The Board may, with the previous sanction of the [State Government], acquire land under the provisions of the Land Acquisition Act, 1894, for carrying out any of the purposes of this Act. Explanation. The power of the Board to acquire land under the Land Acquisition Act, 1894, may be exercised not only in respect of lands falling within an improvement scheme already framed but also in respect of lands relating to which the Board may frame improvement. schemes in future.
A Tribunal shall be constituted, as provided in section 72, for the purpose of performing the functions of the Court in reference to the acquisition of land for the Board under the Land Acquisition Act,1894.
For the purpose of acquiring land under the said Act for the Board,
(a) the Tribunal shall (except for the purposes of section 54 of that Act) be deemed to be the Court, and the President of the Tribunal shall be deemed to be the Judge, under the said Act;
(b) the said Act shall be subject to the further modifications ;ndicated in the schedule;
(c) the President of the Tribunal shall have power to summon and enforce the attendance of witnesses, and to compel the production of documents, by the same means, and (so far as may be) in the same manner, as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908; and
&nbs
(1) The said Tribunal shall consist of a President and two assessors.
(2) The president of the Tribunal shall be either
118a118a. Clauses (a) and (b) suhst. by W. 13. Act 32 of 1955, (a) a person who was or has been a member of the Judicial Service as defined in Article 236 of the Constitution of India for at least ten years and held a rank not inferior to that of a Subordinate Judge for at least three years; or,
118a118a. Clauses (a) and (b) suhst. by W. 13. Act 32 of 1955, (b) a barrister or advocate who has practised as such in the Calcutta High Court for not less than ten years.
(3) The President of the Tr
Each member of the Tribunal shall be entitled to receive such remuneration, either by way of monthly salary or by way of fees, or partly in one of those ways and partly in the other, as the 122122. Words subst. by the Adaptation of Laws Order, 1950. [State Government] may prescribe.
(1) The President of the Tribunal shall, from time to time, prepare a statement showing
(a) the number and grades of the clerks and other officers and servants 123123. Word subst. and clause (ai) inst, by W. B. Act 32 of 1955. [who] he considers should be maintained for carrying on the business of the Tribunal,
(b) the amount of the salary to be paid to each such officer and servant, and
(c) the contributions payable under section 146 in respect of each such officer and servant.
(2) The President of the Tribunal shall, from time to time, make rules
123123. Word sub
The remuneration prescribed under section 73 for members of the Tribunal, and the salaries, leave allowances and acting allowances prescribed under section 74 for officers and servants of the Tribunal, shall be paid by the Board to the President of the Tribunal for distribution.
(1) The President of the Tribunal may, from time to time, with the previous sanction of the 127127. Words subst. by the Adaptation of Laws Order, 1950. [State Government], make rules, not repugnant to the Code of Civil Procedure 1908, for the conduct of business by the Tribunal.
(2) All such rules shall be published by notification.
(1) For the purpose of determining the award to be made by the Tribunal under the Land Acquisition Act, 1894
(a) if there is any disagreement as to the measurement of land, or the amount of compensation or costs to be allowed, the opinion of the majority of the members of the Tribunal shall prevail;
(b) questions relating to the determination of the persons to whom compensation if payable, or the apportionment of compensation, may be tried and decided in the absence of the assessors if the President of the Tribunal considers their presence unnecessary; and when so tried and decided, the decision of the President shall be deemed to be the decision of the Tribunal; and
(c) notwithstanding anything contained in the foregoing clauses, the decision on
Sec. 77A added by W. B. Act 32 of 1955.
(1) An appeal shall lie to the High Court from an award under this Chapter, in any of the following cases, namely:
(a) where the decision is that of the President of the Tribunal sitting alone in pursuance clause (b) of section 77;
(b) where the decision is that of the Tribunal, and
(i) the President of the Tribunal grants a certificate that the case is a fit one for appeal, or
(ii) the High Court grants special leave to appeal: Provided that the High Court shall not grant such special leave unless the President of the Tribunal has refused to grant a certificate under sub-clause (i) and the amount in dispute is five
(1) In any case in which the 129129. Words subst. by the Adaptation of Laws Order. 1950. [State Government] has sanctioned the acquisition of land, in any area comprised in an improvement scheme, which is not required for the execution of the scheme, the owner of the land, or any person having an interest therein, may make an application to the Board, requesting that the acquisition of the land should be abandoned in consideration of the payment by him of a sum to be fixed by the Board in that behalf.
(2) The Board shall admit every such application if it
(a) reaches them before the time fixed by the Collector, under section 9 of the Land Acquisition Act, 1894, for making claims in reference to the land, and
&nb
The heading and Secs. 78A to 78C inst. by Ben. Act 8 of 1931.
(1) When by the making of any improvement scheme, any land in the area comprised in the scheme which is not required for the execution thereof will, in the opinion of the Board, be increased in value, the Board, in framing the scheme, may, in lieu of providing for the acquisition of such land, declare that a betterment fee shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land resulting from the execution of the scheme.
(2) Such betterment fee shall be an amount equal to one-half of the increase in value of the land resulting from the execution of the scheme, and shall be calculated upon the amount by which the value of the land on the completion of the e
The heading and Secs. 78A to 78C inst. by Ben. Act 8 of 1931.
(1) When it appears to the Board that an improvement scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Board shall by a resolution passed in this behalf declare that for the purpose of determining such fee the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice in respect of the land to be assessed has been served under clause (i) of sub-section (1) of section 45 that the Board propose to assess the amount of the betterment fee payable in respect of such land under section 78A.
(2) The Board shall then assess the amount of betterment fee payable by each person concerned after giving such person an
(1) For the determination of the matter referred to in sub-section (4) of section 78B, the 138138. Words subst. by the Adaptation of Laws Order, 1930. [State Government] shall constitute a penal of arbitrators consisting of two parts, the first part of which shall be composed of persons having special knowledge of the valuation of land and the second part of other suitable persons.
(2) When the Board have, in accordance with the provisions of section 78B, assessed the amount of betterment fee payable by all persons in respect of land in the area comprised in the scheme the Board shall serve a notice on all those persons who have dissented from the assessment made by the Board, requiring them to meet at such time and place as may be fixed by the Chairman for the purpose of electing an arbitrator.
&
Secs. 78D (o 78G inst. by Ben Act 8 of 1931. The Board shall pay to each arbitrator a fee to be determined by the 141141. Words subsl. by W. B. Ac( 32 of 1955. [State Government] in respect of the whole of the scheme for which his services are utilized.
Secs. 78D (o 78G inst. by Ben Act 8 of 1931. Notwithstanding anything contained in any other enactment the proceedings of arbitrators under section 78C shall be governed by rules to be made in this behalf under section 137:
Provided that every party to such proceedings shall be entitled to appear before the arbitrators either in person or by his authorized agent.
Secs. 78D (o 78G inst. by Ben Act 8 of 1931. When the amount of all betterment fees payable in respect of land in the area comprised in the scheme has been determined under section 78B or section 78C, as the case may be, the Board shall, by a notice in writing to be served on all persons liable to such payment, fix a date by which such payment shall be made, and interest, at the rate of 143143. Words sobst. by W. B. Act 42 of 1983. [ten per cent, per annum] upon any amount outstanding shall be payable from that date.
Sees. 78D to 7SG inst. by Ben Act 8 of 1931.
(1) Any person liable to the payment of a betterment fee may, at his option, instead of making a payment thereof to the Board, execute an agreement with the Board to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of 143143. Words sobst. by W. B. Act 42 of 1983. [ten per cent per annum] the first annual payment of such interest to be made one year from the date referred to in section 7SF.
(2) Every payment due from any person in respect of a betterment fee and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any other enactment and notwithstanding the existence of any mortgage or other charge whether legal or equitable
The sub-heading and para, subst. by Ben. Act 6 of 1931. A11 money payable in respect of any land by any person under an agreement executed in pursuance of sub-section (4) of section 78, or by any person in respect of a betterment fee under section 78B or section 78C, or by any person under an agreement executed in pursuance of section 78G, sub-section (1), shall be recoverable by the Board together with interest, 146146. Subst. by Ben. Act 2 of 1935. [due, up to the date of realization, which shall, in the case of betterment fees under section 78B or section 78C, be] at the rate of 145145. The sub-heading and para, subst. by Ben. Act 6 of 1931. [ten per cent, per annum], from the said person or his successor in interest in such land, in the manner provided by 147147. Subst. By W. B. Act 32 of 1955. [the Calcutta Municipal Act, 1951], for the recovery of the consolidated rate; and, if not so recovered, the Chairman may, after
Sec. 79A inst. by Ben. Act 8 of 1931. -The Board may direct by what authority any powers or duties incident under 148a148a. Subst. By W. B. Act 32 of 1955. [the Calcutta Municipal Act, 1951], to the enforcement of any process for the recovery of the consolidated rate shall be exercised and performed when that process is employed under section 79.
Sub-heading and sec. 80 subst. by Ben. Act 8 of 1931. If any land, in respect of which an agreement has been executed or a payment has been accepted in pursuance of sub-section (4) of section 78, or in respect of which the payment of a betterment fee has been accepted in pursuance of sub-section (3) of section 78B, or has been made after its determination under section 78C, or in respect of which an agreement for such payment has been executed under section 78G, 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.
(1) The Board may retain, or may let on hire, lease, sell, exchange or otherwise dispose of, any land vested in or acquired by them under this Act,
(2) Whenever the Board decide to lease or sell any land acquired by them under this Act from any person, they
(a) shall give notice by advertisement in local newspapers, and
(b) shall offer to the said person, or his heirs, executors or administrators, a prior right to take on lease or to purchase such land, at a rate to be fixed by the Board, if the Board consider that such a right can be given without [prejudice to public interest or] detriment to the carrying out of the purposes of this Act.
Section 82 extended to E. B. by Ben. Act 1 of 1914.
(1) The duty imposed by the Indian Stamp Act, 1899, on instruments of sale, gift and usufructuary mortgage, respectively, of immovable property shall, in the case of instruments affecting immovable property situated in the Calcutta Municipality and executed on or after the commencement of this Act153153. See Notification no. 1148. dated the 30.10.1911. be increased by two per centum on the value of the property so situated, or (in the case of an usufructuary mortgage) on the amount secured by the instrument, as set forth in the instrument.
(2) For the purposes of this section, section 27 of the said Indian Stamp Act, 1899, shall be read as if it specifically required the particulars referred to therein to be set forth separately in respect
(1) Every passenger brought to or taken from any station in the Calcutta Municipality or the Howrah Municipality by railway, and every passenger brought to or taken from any landing place in the port of Calcutta, within 154154. Subst. by W. B. Act 20 of 1961. [eight kilometers] from Government House, by inland steam-vessel, 155155. Subst. by W. B. Act 20 of 1961, [three naye paise] in respect of each journey so made by him:
Provided as follows:
(a) the said tax shall not be payable by any passenger brought from, or taken to, any place situated within a radius of 155155. Subst. by W. B. Act 20 of 1961, [forty-eight kilometers] from Government House;
(b) the 156156. Subst. by the Adaptalion of Laws Order, 1950. [State Government] may, by notificat
(1) A customs duty shall be levied and collected on all jute exported by sea from the Port of Calcutta to any other port, whether beyond or within India, at such rate, not exceeding,
(a) in the case of raw jute (including jute cuttings and rejections), 162162. Subst. by W. B. Act 20 of 1961. [twelve naye paise per bale of one hundred and eighty kilograms], and
(b) in the case of manufactured jute, 161161. Words subst. by the Adaptation of Laws Order. 1950. [seventy-five naye paise per metric tonne of one thousand kilograms],
161161. Words subst. by the Adaptation of Laws Order. 1950. [State Government] may prescribe by notification: Provided that the said duty shall not be levied or collected in respect of jute, whether raw or manufactured, expor
Section 5 of the Indian Tariff Act, 165165. Figures subst. by Ben. Act 1 of 1939. [1934], shall not apply to jute (whether raw or manufactured) passing by land out of Calcutta.
Section 86 extended to E.B.by Ben. Act. 1 of 1914
(1) The 167167. words sust. by the adaptation of laws orders, 1950 [State Government] may make rules for carrying out the purposes of this chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, the 167167. words sust. by the adaptation of laws orders, 1950 [State Government] may make rules
(a) for regulating the collection of taxes imposed by this chapter, and the payment therefor to the Board;
(b) for prescribing the from of the return required by section 83, sub- section (3), and the particulars to be contained therein, and the manner in which the same is to be verifi
section 86a inst. by. W. B. Act 42 of 1983. The State Government may, for the efficient administration of this Act or for such other reasons as it thinks fit, issue, from time to time, directions, not inconsistent with the provisions of this Act, to the Board and the Board shall carry out such directions.
The offences mentioned in column 1 of the following table shall be punishable to the extent mentioned in column 2 thereof with reference to such offences, respectively:
Omitted by W.B. Act 42 of 1983.] Loans.
The Board may from time to time borrow, at such rate of interest, and for such period, and upon such terms, as to the time and method of repayment and otherwise, as the[State Government] may approve, any sum necessary for the purpose of
(a) meeting expenditure debitable to the capital account under section 123, or
(b) repaying any loan previously taken under this Act. 170170. Proviso omitted by the Government of India (Adaptation of Indian Laws) Order, 1937. [* * * * ]
(Manner and tune of borrowing money). Rep. by Act 38 of 1920.
Whenever the borrowing of any sum has been approved under section 89, the Board may, instead of borrowing such sum or any part thereof from the public, 171171. Words and figures repealed by Ben. Act 1 of 1939. * * * take credit from any Bank, on a cash account to be kept in the name of the Board, to the extent of such sum or part; and, with the previous sanction of the 172172. Words subst. by the Adaptation of Laws Order. 1950. [State Government] rnay grant mortgages of all or any property vested in the Board by way of securing the payment of the amount of such credit or of the sums from time to time advanced on such account with interest.
When any sum of money has been borrowed under section 89 or section 91 for the purpose of meeting particular expenditure or repaying a particular loan, no portion thereof shall be applied to any other purpose without the previous sanction of the 172172. Words subst. by the Adaptation of Laws Order. 1950. [State Government],
(1) Whenever money is borrowed by the Board on debentures, the debentures shall be in such form as the Board, with the previous sanction of the 172172. Words subst. by the Adaptation of Laws Order. 1950. [State Government], may from time to time determine.
(2) All debentures shall be signed by the Chairman and one other Trustee.
(3) The holder of any debenture in any form prescribed under subsection (1) may obtain in exchange therefor, upon such terms as the Board may from time to time determine, a debenture in any other form so prescribed.
(4) Every debenture issued by the Board shall be transferable by endorsement, unless some other mode of transfer be
All coupons attached to debentures issued under this Act shall bear the signature of the Chairman; and such signature may be engrave, lithographed or impressed by any mechanical process.
When any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, then, notwithstanding anything in section 45 of the Indian Contract Act, 1872, the debenture or security shall be payable to the survivor or survivours of such persons:
Where two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Board by any other of such persons.
All payments due from the Board for interest on, or the repayment of, loans, shall be made in priority to all other payments due from the Board.
Every loan taken by the Board under section 89 shall be repaid within the period approved by the 172a172a. Words subst. by the Adaptation of Laws Order, 1950. [State Government] under that section, and, subject, to the provisions of section 125, sub-section (2), by such of the following methods as may be so approved, namely:
(a) from a sinking fund established under section 99 in respect of the loan, or
(b) by paying equal yearly or half-yearly instalments of principal, or of principal and interest, throughout the said period, or
(c) if the Board have, before borrowing money on debentures, reserved, by public notice, a power to pay off the loan by periodical instalments and to select by lot the parti
(1) Whenever the 173173. Subst. by the Adaptation of Laws Order, 1960. [State Government] have approved the repayment of a loan from a sinking fund the Board shall establish such a fund and shall pay into it in every year, until the loan is repaid, a sum so calculated that, if regularly paid throughout the period approved by the [State Government] under section 89, it would, with accumulations in the way of compound interest, be sufficient, after payment of all expenses, to pay off the loan at the end of that period.
(2) The rate of interest on the basis of which the sum referred to in sub-section (1) shall be calculated shall be such as may be prescribed by the 173173. Subst. by the Adaptation of Laws Order, 1960. [State Government].
Notwithstanding anything contained in section 99 if at any time the sum standing at credit of the sinking fund established for the repayment of any loan, is of such amount that, if allowed to accumulate at the rate of interest prescribed under sub-section (2) of that section, it will be sufficient to repay the loan at the end of the period approved by the 173173. Subst. by the Adaptation of Laws Order, 1960. [State Government] under section 89, then with the permission of the 173173. Subst. by the Adaptation of Laws Order, 1960. [State Government] further annual payments into such fund may be discontinued.
(1) All money paid into any sinking fund shall as soon as possible be invested, under the orders of the Board, in
(a) Government securities, or
(b) securities guaranteed 174174. Words subst. by the Government of India (Adaptation of India Laws) Order. 1937 and the Adaptation of Laws Order. 1950, respectively. [by the Central or any State Government],or
(c) Calcutta Municipal debentures, or
(d) debentures issued by the Commissioners for the Port of Calcutta,or
(e) debentures issued by the Board,
175175. Words subst. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [West Bengallin the
The aforesaid trustees may from time to time apply any sinking fund, or any part thereof, in or towards the discharge of the loan or any part of the loan for which such fund was established; and until such loan is wholly discharged shall not apply the same for any other purpose.
(1) The aforesaid trustees shall, at the end of every financial year, transmit to the Chairman a statement showing
(a) the amount which has been invested during the year under section 101,
(b) the date of the last investment made previous to the transmission of the statement,
(c) the aggregate amount of the securities held by them,
(d) the aggregate amount which has, up to the date of the statement, been applied under section 102 in or towards repaying loans, and
(e) the aggregate amount already paid into each sinking fund.
(2) Every such statement shall be laid befor
(1) The said sinking funds shall be subject to annual examination by the Accountant-General, 175a175a. Words subst. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [West Bengali who shall ascertain whether the cash and the current value of the securities at credit of such funds are actually equal to the amount which would have accumulated had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.
(2) The Board shall forthwith pay into any sinking fund any amount which the Accountant-General may certify to be deficient, unless the 176176. Words subst. by the Adaptation of Laws Order. 1950. [State Government] specially sanction a gradual readjustment:
177177. Pro
(1) If the Board fail
(a) to pay any interest due in respect of any loan taken in pursuance of section 89, or
(b) to make any payment prescribed by section 98, section 99 or subsection (2) of section 104, or
(c) to make any investment prescribed by section 101,
178178. Words subsl. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [West Bengal] shall make such payment or set aside and invest such sum as ought to have been invested under the said section 101, as the case may be; and the 179179. Subst. by Ben. Act 1 of 1939 and W. B. Act 32 of 1955. respectively. [Commissioner of the Corporation] shall forthwith pay from the Municipal Fund to the said Accountant-General a sum
If the 181181. Subst. by W. B. Act 32 of 1955. [Commisioner of the Corporation] fails to make any payment as required by section 88 or section 105, the 180180. Words subst. by the Adaptation of Laws Order. 1950. [State Government] may attach the Municipal Funds or any of them; and thereupon the provisions of 182182. Subst by Ben. Act 1 of 1939 and W. B. Act 32 of 1955. respectively. [sub-section (2) of section 152 of the Calcutta Municipal Act, 1951] shall, with all necessary modifications, be deemed to apply, and the 183183. Subst. by the Adaptation Laws Order. 1950. [State Government] may further required the Corporation to increase the maximum authorized by 184184. Words subst. by Ben. Act 1 of 1939 and W. B. Act 32 of 1955. respectively. [section 165 of that Act], to such extent as may be necessary for the purpose of making such payment:
Provided that no such increase shall be
All moneys paid by the 184184. Words subst. by Ben. Act 1 of 1939 and W. B. Act 32 of 1955. respectively. [Commissioner of the Corporation] under sub-section (1) of section 105 and not reimbursed by the 183183. Subst. by the Adaptation Laws Order. 1950. [State Government] under sub-section (2) of the section, and all moneys payable under sub-section (1) of section 105 and levied under section 106, shall constitute a charge upon the property upon the property of the Board.
(1) The Chairman shall, at a special meeting to be held in the month of February in each year, lay before the Board an estimate of the income and expenditure of the Board for the next ensuing financial year.
(2) Every such estimate shall make provision for the due fulfilment of all the liabilities of the Board and for the efficient administration of this Act.
(3) Every such estimate shall differentiate capital and revenue funds, and shall be prepared in such form, and shall contain such details, as the 183183. Subst. by the Adaptation Laws Order. 1950. [State Government] or the Board may from time to time direct.
(4) Every such estimate shall be completed
The Board shall consider every estimate so laid before them, and shall sanction the same, either without alteration or with such alterations as they may think fit.
(1) Every such estimate, as sanctioned by the Board, shall be submitted to the 183183. Subst. by the Adaptation Laws Order. 1950. [State
(a) approve the estimate, or
(b) disallow the estimate or any portion thereof, and return the estimate to the Board for amendment.
(2) If any estimate is so returned to the Board, they shall forthwith proceed to amend it, and shall re-submit the estimate, as amended, to the 185185. Words subsf. by the Adaptation of Laws Order. 1950. [State Government], who may then approve it.
A copy of every such estimate shall, when approved by the 185185. Words subsf. by the Adaptation of Laws Order. 1950. [State Government], be sent by the Board to the 185a185a. Words subst. by Ben. Act 1 of 1939 and W. B. Act 32 of 1955. respectively. [Commissioner of the Corporation].
(1) A special meeting of the Board be held as soon as may be expedient after the day appointed under section 17, sub- section (1), and the Chairman shall at such special meeting lay before the Board an estimate of the income and expenditure of the Board for the portion of the financial year which on the said day had not expired.
(2) The provisions of section 108, sub-sections (2) to (4), and sections 109 to 111 shall apply to the said estimate.
(1) The Board may, at any time during the year for which any estimate has been sanctioned, cause a supplementary estimate to be prepared and laid before them at a special meeting.
(2) The provisions of section 108, sub-sections (3) and (4) and sections 109 and 111 shall apply to every supplementary estimate.
(1) No sum shall be expended by or on behalf of the Board unless the expenditure of the same is covered by a current budget-grant or can be met by re-appropriation or by drawing on the closing balance.
(2) The closing balance shall not be reduced below one lakh of rupee without the previous sanction of the 185185. Words subsf. by the Adaptation of Laws Order. 1950. [State Government].
(3) The following items shall be cxcepted from the provisions of subsections (1) and (2), namely:
(a) re-payments of moneys belonging to contractors, or other persons and held in deposit, and of moneys collected by, or credited to, the Board by mistake ;
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All money payable to the Board shall be received by the Chairman, and shall forthwith be paid into the 187187. Words subst. by Ben. Act 1 of 1939. [Imperial Bank of India] 188188. Words inst. by W. B. Act 32 of 1955. [or any other bank approved by the Board with the sanction of the State Government] to the credit of an account which shall be styled, "The Account of the Trustee for the Improvement of Calcutta."
(1) Surplus moneys at the credit of the said account may from time to time be
(a) deposited at interest in the 187187. Words subst. by Ben. Act 1 of 1939. [ImperiaI Bank of India] or in any other Bank 189189. Words omitted by W. B. Act 32 of 1955. * * * * approved by the [State Government] in this behalf, or
(b) invested in any of the securities or debentures mentioned in section 101, sub-section (1), of this Act or in section 20 of the Indian Trusts Act, 1882.
(2) All such deposits and investments shall be made by the Chairman on behalf of, and with the sanction of, the Board; and, with the like sanction, the Chairman may at any time withdraw any deposit so made, or dispose of any securities, and re
(1) No payment shall be made by the 187187. Words subst. by Ben. Act 1 of 1939. [Imperial Bank of India] 190190. Words and figures inst. by W.B. Act 32 of 1955. [or other bank referred to in section 115] out of the account referred to in section 115, except upon a cheque.
(2) Payment of any such due by the Board exceeding one hundred rupees in amount shall be made by means of a cheque, and not in any other way.
Sec. 18 subst. by W. B. Act 42 of 1983.
(1) All orders for making any deposit, investment, withdrawal or disposal under section 116, and all cheques referred to in section 117, for any amount not exceeding rupees four lakhs shall be signed
(a) by the Financial Adviser and Chief Accounts Officer and the Personal Officer of the Board, or
(b) in event of illness or for occasional absence from Calcutta of the Financial Adviser and Chief Accounts Officer or the Personnel Officer, by the Personnel Officer or the Financial Adviser and Chief Accounts Officer, as the case may be and by the Secretary to the Board.
(2) All orders for making any deposit, investment,
Before the Chairman 192192. Words subst. by W. B. Act 42 of 1983. [or the Secretary to the Board or tbe Financial Adviser and Chief Accounts Officer of the Board or the Personnel Officer of the Board] signs a cheque under section 118, he must satisfy himself that the sum for which such cheque is drawn cither is required for a purpose or work specifically sanctioned by the Board or is an item of one of he excepted descriptions specified in section 114, sub-section (3).
(1) The expression "cost of management," as used in the following sections in this Chapter, means
(a) the salary and house-rent and conveyance allowance (if any) of the Chairman or acting Chairman, and the allowances and contributions referred to in section 11, sub-section (2);
(b) all fees paid under section 22, for attendance at meetings;
(c) the salaries, fees and allowances of, and the contributions paid under section 146 in respect of, officers and servants of the Board who are included in statements prepared under section 30;
(d) the remuneration of other employees of the Board, except employees who are paid by the day or whose pay is charged to temporary work;
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(1) The Board shall keep a capital account and a revenue account.
(2) The capital account shall show separately all expenditure incurred by the Board on each improvement scheme 193193. Words subsL. and words omitted by W. B. Act 32 of 1955. * * * *.
There shall be credited to the capital account
194194. Clause (a) subst. by Ben. Act 8 of 1931. (a) all sums (except interest) received by way of special payments for betterment fees in pursuance of section 78, 78A or 79;
(b) all moneys received on account of loans taken by the Board in pursuance of section 89 or section 91;
(c) the proceeds of the sale of any land vested in the Board 96* * 195195. Words and clause (d) omitted by W. b. Act 32 of 1955. * * * * *
(e) the proceeds of the sale of any movable property (including securities for money invested from the capital account) belonging to the Board;
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The moneys credited to the capital account shall be held by the Board in trust, and shall be applied to
(a) meeting all costs of framing and executing improvement schemes 198a198a. Words omitted by W. B. Act 32 of 1955. * * * *
(b) meeting the cost of acquiring land for carrying out any of the purposes of this Act;
(c) meeting the cost of constructing buildings required for carrying out any of the purposes of this Act;
(d) the repayment of loans from money borrowed in pursuance of section 89, clause (b);
(e) making paym
There shall be credited to the revenue account
(a) all interest received in pursuance of 198c198c. Subst. by Ben. Act 8 of 1931. [sections 78, 78G or 79;
(b) all proceeds received by the Board of taxes imposed by Chapter V;
(c) all sums contributed from Municipal Funds which are received by the Board under section 88;
(d) all 199199. Words omitted and figures subst. by this Government of India (Adaptation of Indian Laws) Order. 1937. * * * damages 199199. Words omitted and figures subst. by this Government of India (Adaptation of Indian Laws) Order. 1937. * * * * received by the Board under section 199199. Wor
(1) The moneys credited to the revenue account shall be held by the Board in trust, and shall be applied to
(a) meeting all charges for interest and sinking fund due on account of any loan taken in pursuance of section 89, clause (a), or section 91, and all other charges incurred in connection with such loans;
(b) paying all sums due from the Board in respect of rates and taxes imposed under 201201. Clause (ci) subst. by W. B. Act 32 of 1955. [the Calcutta Municipal Act, 1951], upon land vested in the Board;
(c) paying the cost (if any) of maintaining a separate establishment for the collection of the rents and other proceeds of land vested in the Board;
201201. Clause (ci) subst. by W. B. Act 32 of 1
If, any time after any surplus referred to in section 125, sub-section (2), has been invested, the 204a204a. Words subst. by the Adaptation of Laws Order, 1950. [State Government] is satisfied that the investment is not needed for the service of any loan referred to in that sub-section, it may direct the sale of the securities held under the investment.
(1) Notwithstanding anything contained in section 125, the Board may advance any sum standing at the credit of the revenue account for the purpose of meeting capital expenditure.
(2) Every such advance 204b204b. Subst. by W.B. Act 32 of 1955. [shall, unless a direction is given by the State Government under sub-section (2) of section 125, be refunded] to the revenue account as soon as may be practicable.
(1) Any deficit in the revenue account at the end of any financial year may be made good by an advance from he capital account.
(2) Every such advance shall be refunded to the capital account in the following financial year.
The Board shall submit to the 204a204a. Words subst. by the Adaptation of Laws Order, 1950. [State Government], at the end of each half of every financial year, an abstract of the accounts of their receipts and expenditure.
The accounts of the Board shall, once in every financial year, be examined and audited by such auditor as the 204a204a. Words subst. by the Adaptation of Laws Order, 1950. [State Government] may appoint in this behalf.
The auditor so appointed may,
(a) by written summons, require the production before him of any document which he may consider necessary for the proper conduct of the audit;
(b) by written summons require any person having the costody or control of, or being accountable for, any such document to appear in person before him; and
(c) require any person so appearing before him to make and sign a declaration with respect to any such document, to answer any question, or to prepare and submit any statement.
The Board shall pay to the said auditor such remuneration as the 205205. Words subst. by the Adaptation of Laws Order. 1950. [State Government] may direct.
The said auditor shall
(a) report to the Board any material impropriety or irregularity which he may observe in the expenditure, or in the recovery of moneys due to the Board, or in the accounts, and report the same to the 205205. Words subst. by the Adaptation of Laws Order. 1950. [State Government],
(b) furnish to the Board such information as they may from time to time require concerning the progress of his audit, and
(c) within fourteen days after the completion of his audit, forward his report upon the accounts to the Chairman.
It shall be the duty of the Board forthwith to remedy any defects or irregularities that may be pointed out by the auditor.
The Chairman shall cause the report mentioned in section 133, clause (c), to be printed and shall forward a printed copy thereof to each Trustee, and shall bring such report before the Board for consideration at their next meeting.
As soon as practicable after the receipt of the said report, the Board shall prepare an abstract of the accounts to which it relates, and shall publish such abstract by notification, and shall send a copy of the abstract to the 206206. Words subst. by Ben Act 1 of 1939 and W. B. Act 32 of 1955, respectively. [Commissioner of the Corporation] and to the [State Government].
In addition to the power conferred by section 86, the 205205. Words subst. by the Adaptation of Laws Order. 1950. [State Government] may make rules
(1) for regulating elections under 207207. Subst. by W. B. Act 32 of 1955. [clauses (c) and (d) of sub-section (1) of section 4];
(2) for prescribing the maximum sum which may be paid to any person by way of fees under section 22;
(3) for fixing the charge to be made for a copy of, or extracts from, the municipal assessment-book furnished to the Chairman under section 49; and
208208. Clause (3a) inst. by Ben. Act 8 of 1931. (3a) for determining the qualifications a
(1) In addition to the power conferred by section 31, the Board may from time to time made rules (not inconsistent with any rules made by the 209209. Words subst. by the Adaptation of Laws Order. 1950. [State Government] or the President of the Tribunal under this Act) for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Board may make rules
(a) for associating members with the Board under section 19;
(b) for appointing persons (other than Trustees and persons associated with the Board under section 19) to be members of Committees under section 20;
(c) for regulating the delegatio
The power to make rules under section 86, section 137 or section 138 is subject to the condition of the rules being made after previous publication, and to the following further conditions, namely,
(a) a draft of the rules shall be published by notification and in local newspapers;
(b) such draft shall not be further proceeded with until afte the expiration of a period of one month from such publication, or such longer period as the 211211. Words subst. by the Adaptation of Laws Order. 1950. [State Government] or (in the case of rules made under section 138) the Board may appoint;
(c) for one month at least during such period, a printed copy of such draft shall be kept at the Board's office for publi
No rule made under section 138 shall have any validity unless and until it is sanctioned, with or without modification, by the 211211. Words subst. by the Adaptation of Laws Order. 1950. [State Government].
When any rule has been made under section 86 or section 137, and when any rule has been made under section 138 and duly sanctioned, it shall be published by the 211211. Words subst. by the Adaptation of Laws Order. 1950. [State Government] by notification, and such publication shall be conclusive proof that the rule has been duly made.
(1) The Chairman shall cause all rules made under section 86, section 137 or section 138 and for the time being in force to be printed, and shall cause printed copies thereof to be delivered to any applicant on payment of a fee of 212212. Words subst. by W. B. Act 42 of 1983. [one rupee] for each copy.
(2) Notice of the fact of copies of rules being obtainable at the said price, and of the place where and the person from whom the same are
Copies in English and Bengali, of all rules made under section 137 or section 138 shall be hung or affixed in some conspicuous part of the Board's office and in such places of public resort affected by the rules as the Chairman may think fit.
The 213213. Words subst. by the Adaptation of Laws Order, 1950, [State Government] may at any time, by notification, cancel any rule made by the Board under section 138.
Every Trustee, and every officer and servant of the Board, and every member and officer and servant of the Tribunal, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. Contributions towards leave-allowances and pensions of 214214. Words subst. by Ben. Act 16 of 1946 and the Adaptation of Laws Order, 1950, respectively. [servants of the Government].
The Board shall be liable to pay such contributions for the leave- allowances and pensions of any 215215. Subst. by the Government of India (Adaptation of Indian Laws) Order. 1937 and the Adaptation of Laws Order, 1950, respectively. [servant of the Government! employed as Chairman or as an officer or servant of the Board, as a member or officer or servant of the Tribunal, as may be 215215. Subst. by the Government of India (Adaptation of Indian Laws) Order. 1937 and the Adaptation of Laws Order, 1950, respectively. [required, by the conditions of his service under the Government, to be paid by him or on his behalf.] Extension of Acts to areas in the neighbourhood of the Calcutta Municipality.
(1) When any provision of this Act has been extended to any area under section 1, sub-section (3), the 213213. Words subst. by the Adaptation of Laws Order, 1950, [State Government] may, by notification published in the 216216. Subst. by the Government of India (Adaptation of Indian Laws) Order, 1937. [Official Gazette] and in such other manner 217217. Subst. by W. B. Act 32 of 1955. [Calcutta Municipal Act, 1951], or any portion thereof, subject to such restrictions and modifications (if any) as may be specified in such notification.
(2) When the said 217217. Subst. by W. B. Act 32 of 1955. [Calcutta Municipal Act, 1951], or any portion thereof, is extended under sub-section (1) to any area, then-
(a) the Bengal Municipal Act 218218. Figures s
(1) Before finally publishing any notification under section 1, sub-section (3), or section 147, sub-section (1), the 218a218a. Subst. by the Adaptation of Laws Order. 1950. [State Government] shall publish a draft of the same in the 218b218b. Subsl. by the Government of India (Adaptation of Indian Laws) Order. 1937. [Official Gazette].
(2) Any ratepayer or inhabitant of the area affected by such draft may, if he objects to the draft, submit his objection in writing to the 218a218a. Subst. by the Adaptation of Laws Order. 1950. [State Government] within six weeks from its publication, and the 218a218a. Subst. by the Adaptation of Laws Order. 1950. [State Government] shall take such objection into consideration.
With a view to facilitating the movement of the population in and around the Calcutta Municipality, the Board may from time to time,
(1) subject to any conditions they may think fit to impose,
(a) guarantee the payment, from the funds at their disposal, of such sums as they may think fit, by way of interest on capital expended on the construction, maintenance or working of means of locomotion; or
(b) make such payments as they may think fit from the said funds, by way of subsidy to persons undertaking to provide, maintain and work means of locomotion; or
(2) either singly or in combination, with any other person, construct, maintain and work any means of
Nothing in this Act shall be deemed to affect the provisions of the Indian Telegraph Act, 1885, or the Indian Railways Act, 18.90.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, all offences against this Act or any rule made hereunder shall wherever committed, be cognizable by a Presidency Magistrate; and no such Magistrate shall be deemed to be incapable of taking cognizance of any such offence by reason only of being liable to pay any tax imposed by this Act or of his being benefited by the funds to the credit of which any fine imposed by him will be payable.
No person shall be liable to punishment for any offence against this Act or any rule made hereunder unless complaint of such offence is made before [a Metropolitan Magistrate within three months next after the detection of the commission of such offence].
If any person, who has been summoned to appear before a Presidency Magistrate to answer a charge of an offence against this Act or any rule made hereunder which is punishable with fine only, fails to appear at the time and place mentioned in the summons, the Magistrate may, if service of the summons is proved to his satisfaction, and if no sufficient cause is shown for the non-appearance of such person, hear and determine the case in his absence.
The Chairman may, subject to the control of the Board,
(a) institute, defend or withdraw from, legal proceedings under this Act or any rule made hereunder;
(b) compound any offence against this Act or any rule made hereunder which, under any law for the time being in force, may lawfully be compounded;
(c) admit, compromise or withdraw any claim made under this Act or any rule made hereunder; and
(d) obtain such legal advice and assistance as he may from time to time think it necessary or expedient to obtain, or as he may be desired by the Board to obtain, for any of the purposes referred to in the foregoing cl
No suit shall be maintainable against the Board, or any Trustee, or any officer or servant of the Board, or any person acting under the direction of the Board or of the Chairman or of any officer or servant of the Board, in respect of anything lawfully and in good faith and with due care and attention done under this Act or any rule made hereunder.
No suit shall be instituted against the Board, or any Trustee, or any officer or servant of the Board, or any person acting under the direction of the Board or of the Chairman or of any officer or servant of the Board, in respect of any act purporting to be done under this Act or any rule made hereunder, until the expiration of one month next after written notice has been delivered or left at the Board's office or the place of abode of such officer, servant or person, stating the cause of action, the name and place of abode of the intending plaintiff, and the relief which he claims; and the plaint must contain a statement that such notice has been so delivered or left.
(1) The Commissioner of Police and his subordinates shall be bound to co-operate with the Chairman for carrying into effect and enforcing the provisions of this Act.
(2) It shall be the duty of every police-officer who is subordinate to the Commissioner of Police
(i) to communicate without delay to the proper officer or servant of the Board any information which he receives of a design to commit or of the commission of any offence against this Act or any rule made hereunder, and
(ii) to assist the Chairman or any officer or servant of the Board reasonably demanding his aid for the lawful exercise of any power vesting in the Chairman or in such officer or servant under this Act or any such rule.
(1)Every police-officer shall arrest any person who commits, in his view, any offence against this Act or any rule made hereunder, if the name and address of such person be unknown to him, and if such person, on demand, declines to give his name and address, or gives a name or address which' such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained, or without, the order of a Magistrate, for any longer time, not exceeding at the most twenty-four hours from the arrest, than is necessary for bringing him before a Magistrate,
(3) On the written application of the Chairman, any police-officer above the rank of constable shall arrest any person who obstructs
Whenever, under this Act or any rule made hereunder, the doing or the omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of
(a) the Board or the Chairman, or
(b) any officer or servant of the Board, a written document, signed, in case (a) by the Chairman, and in case (b} by the said officer or servant, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfac- tion, shall be sufficient evidence of such approval, sanction, consent, concurrence, declaration, opinion or satisfaction.
(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 Board or any Committee; or
(b) any person having ceased to be a Trustee; or
(c) any Trustee, or any person associated with the Board under section 19, or any other member of a Committee appointed under this Act, having voted or taken any other part in any proceeding in contravention of section 23; or
(d) the failure to serve a notice under section 45 on any person, where no substantial injustice has resulted from such failure; or
(e) any omission, defect or irregularity not affecting the
In any case not otherwise expressly provided for in this Act, the Board may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested, by this Act or any rule made or scheme sanctioned hereunder, in the Board or the Chairman or any officer or servant of the Board.
(1) If, on account of any act or omission, any person has been convicted of an offence against this Act or any rule made hereunder, and, by reason of the same act or omission of the said person, damage has occured to any property of the Board, compensation shall be paid by the said person for the said damage, notwithstanding any punishment to which he may have been sentenced for the said offence.
(2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence.
(3) If the amount of any compensation due under this section be not paid, the same shall be recovered under a warrant from the said Magistrate, as if it were a fine inflicted by him on
Every public notice given under this Act or any rule made hereunder shall be in writing over the signature of the Chairman, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspapers, or by any two or more of these means, and by any other means that the Chairman may think fit.
Whenever it is provided by this Act or any rule made hereunder that notice shall be given by advertisement, in local newspapers, or that notification or any information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least two English newspapers and two vernacular newspapers.
Every notice or bill, which is required by this Act or by any rule made hereunder to bear the signature of the Chairman or of any other trustee or of any officer or servant of the Board, shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairman or of such other Trustee or of such officer or servant, as the case may be, stamped thereupon.
When any notice, bill or other document is required by this Act or any rule made hereunder to be served upon or issued or presented to any person, such service, issue or presentation 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 in Calcutta, or by giving or tendering the same to some adult male member or servant of his family; or
(c) if such person does not reside in Calcutta, and his address elsewhere is known to the Chairman, by forwarding such document to him by registered post under cover bearing the said address; or
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The Board may
(a) cause a survey of any land 221221. Words inst. by W. B. Act 32 of 1955. [or a civic or diagnostic survey of any area] to be made, whenever they consider that a survey is necessary or expedient for carrying out any of the purposes of this Act, or
(b) contribute towards the cost of any such survey made by any other local authority.
(1) The Chairman 222222. Words inst. by W.B. Act 32 of 1955. [or any other officer of the Board authorised by him in this behalf] may, with or without assistants or workmen, enter into or upon any land, in order
(a) to make any inspection, survey, measurement, valuation or inquiry,
(b) to take levels,
(c) to dig or bore into the sub-soil,
(d) to set out boundaries arid intended lines of work,
(e) to mark such levels, boundaries and lines by placing marks, and cutting trenches, or
(f) to do any other thing,
Provided as follows:
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If any Trustee, or any officer or servant of the Board knowingly acquires, directly or indirectly, by himself or by any partner, employer or employee, otherwise than as such Trustee, officer or servant, any share or interest in any contract or employment with, by, or on behalf of, the Board, not being a share or interest such as, under sub-section (2) of section 9, it is permissible for a Trustee to have without being thereby disqualified for being appointed a Trustee, he shall be deemed to have committed the offence made punishable by section 168 of the Indian Penal Code.
If any person, without lawful authority,
(a) removes any fence or shoring-timber, or removes or extinguishes any light, set up under section 59, or
(b) infringes any order given, or removes any bar, chain or post fixed, under section 60, sub-section (2), he shall be punishable with fine which may extend to fifty rupees.
Sec. 171 was renumbered as sub-sec 911 by W. B. Act 32 of 1955. (1) 224224. Subst. by Ben. Act 3 of 1915. [If any person, without the permission of the Chairman required by section 63, sub-section (8), erects, re-erects or adds to any wall (exceeding ten feet in height) or building which falls within the street alignment or building line of a projected public street shown 225225. inst. by W. B. Act 42 of 1983. [or a projected public park! in any plan sanctioned by the 226226. Subst. by the Adaptation of Laws Order, 1950. (State Government) under the said sectionl, he shall be punishable
(a) with fine which may extend, in the case of a masonry building or a wall, to five hundred rupees, and, in the case of a hut, to fifty rupees, and
(b) with further fine which may extend, in the case of a m
Section 171A inst. by Ben. Act 3 of 1915. If the owner for the time being of any wall or building in respect of which an agreement has been executed as provided in section 63, sub-section (9), fails
(a) to remove such wall or building, or any specified portion thereof, when so required by notice issued under that sub-section, or
(b) within fifteen days from the receipt of such notice, to authorize the Chairman, by permission in writing, to remove the said wall, building or portion, he shall be punishable
(i) with fine which may extend, in the case of a masonry wall or building, to one hundred rupees, and, in the case of a hut, to twenty rupees; and
(ii) w
Rep. by Ben. Act 3 of 19151.
If any person fails to comply with any requisition made under section 131, he shall be punishable
(a) with fine which may extend to one hundred rupees; or
(b) in case of a continuing failure, with fine which may extend to fifty rupees for each day after the first during which the failure continues.
If any person
(a) obstructs or molests any person with whom the Chairman has entered into a contract on behalf of the Board, 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 made hereunder, or
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized by this Act or any rule made or scheme sanctioned hereunder, he shall be punishable with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months.
The heading and sec. 174A inst. by Ben. Act 3 of 1915. When a written notice, issued under section 63, sub-section (9), for the removal of a wall or building, or any portion thereof, is not complied with by the owner thereof for the time being as provided in section 171A, the Chairman may proceed to remove such wall, building or portion and the expenses incurred in effecting such removal shall be recoverable by sale of the materials or other things removed.
Omitted by para 3 and Sch. IV to the Government of India (Adaptation of Indian Laws) Order, 1937.]
(1) Whenever the 229a229a. Subst. by the Adaptation of Laws Order. 1950. [State Government] considers that any duty or tax imposed by Chapter V, or any payment required by section 88, or any portion of any such duty, tax or payment, as the case may be, is not required for the purposes of this Act, it may, by notification, 230230. Words omitted by Act 38 of 1920. * * *
(a) suspend, for any specified period, the levy of such duty or tax or any specified portion thereof, or the making of such payment or any specified portion thereof, or
(b) abolish such duty, tax or payment, or any specified portion thereof, from a date to be specified in the notification.
(2) If at any-time the 229a229a. Subst. by the
Sec. 177 subst. by sch. to W. B. Act 11 of 1972.
(1) If in the opinion of the State Government it is necessary so to do with a view to better co-ordination and speedier execution of development work and maintenance thereof the State Government may, by an order published in the Official Gazette and mentioning therein the reason for the order, supersede the Board for such period as may be specified in the order.
(2) For the removal of doubts it is hereby declared that no notice whatsoever is required to be given to the Board for submission of any representation before making any such order of supersession under subsection (1).
(3) The State Government may, if it considers necessary so to do, by order,
Sec. 177A subst. by Sch. to W. B. Act 11 of 1972.
(1) When an order of supersession has been made under section 177, then with effect from the date of the order
(a) all Trustees of the Board and all members or other persons constituting committees shall vacate their respective offices;
(b) all properties, funds and dues which are vested in or realisable by the Board and the Chairman, respectively, shall vest in and be realisable by the Calcutta Metropolitan Development Authirity constituted under section 3 of the Calcutta Metropolitan Development Authority Act, 1972 (hereinafter referred to as the Metropolitan Authority);
(c) all contracts and liabilities which are enforceable by or against the Board
SCHEDULE(Referred to in section 71.)
Section 1 Amendment of Section 3
After clause (e) of section 3 the following shall be deemed to be inserted, namely ; "(e) the expression "local authority" includes the Board of Trustees constituted under the Calcutta Improvement Act, 1911."
Section 1A New Section 6A
After section 6. the following section shall be deemed to be inserted, namely :
"6A. Publication of Notification, Hearing of objections and declaration under the Calcutta Improvement Act to be substituted for those un
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