HOWRAH MUNICIPAL CORPORATION ACT, 1980

HOWRAH MUNICIPAL CORPORATION ACT, 1980

S.1 Short title, application and commencement

S.2 Definitions

S.3 The municipal authorities

S.4 The Corporation

S.5 Constitution of the Corporation

S.5(a) Oath of allegiance to be taken by Councillors

S.6 Constitution of Mayor-in-Council

S.7 Term of office of the member of Mayor-in-Council

S.8 Election of Mayor and Chairman

S.9 Term of office of Mayor or Chairman

S.10 Municipal Accounts Committee

S.11 Borough Committee

S.11(a) Ward Committee

S.12 Remuneration and facilities of Mayor, Chairman, Deputy Mayor, members of the Mayor-in-Council [, Leader of the Opposition] and members of Committees

S.13 Officers of the Corporation

S.14 Salary and other conditions of service of Commissioner and other officers appointed by the State Government

S.15 Casual vacancies in the office of Commissioner, Controller of Finances and Chief Auditor

S.16 Establishment of the Corporation

S.17 Appointment

S.17(a) Compulsory retirement of officers and employees of Corporation

S.18 Terms and conditions of service of officers and employees

S.19 Constitution of Municipal Service Commission

S.20 Payment of salaries and allowances of the Chairman and other members, officers and employees of the Municipal Service Commission

S.21 Powers of the Corporation

S.22 Powers and functions of the Mayor-in-Council

S.23 Powers and functions of the Mayor

S.24 The Deputy Mayor to act as Mayor or Chairman or to discharge the functions of Mayor or Chairman during casual vacancy in the office, or during the absence, of Mayor or Chairman

S.25 Powers and functions of the Commissioner

S.26 Powers and functions of the Secretary

S.27 Financial power of the Corporation, Mayor-in-Council and Commissioner

S.28 Delegation of powers and functions

S.29 Doubts as to powers or functions of municipal authorities

S.30 Election to Corporation

S.31

S.32 Bar of registration of more than once

S.33 Authority for preparation and revision of electoral roll

S.34 Conditions for registration

S.35

S.36

S.37

S.38

S.39

S.40 Term of office of Councillors

S.40(a) Disqualification for being a Councillor on change of political party by the Councillor

S.41

S.42

S.43 Nomination of a panel of presiding officers

S.44 Meetings

S.45 First meeting of the Corporation after general election

S.46 Notice of meeting and list of business

S.47 Quorum

S.48 Presiding officer of a meeting of the Corporation

S.49 Discussion on urgent public matters

S.50 Questions on matters relating to administration

S.51 Statements on matters relating to administration

S.52 Circulation of minutes and inspection of minutes and reports of proceedings

S.53 Power of the State Government to [dissolve] the Corporation

S.54 Consequences of [dissolution]

S.54(a) Special provisions in the case of prohibitory order from court

S.54(b) Member, officers and employees to be public servants

S.54(c) State Government to place officers and employees at the disposal of the Corporation

S.55 Municipal Fund

S.56 Application of Municipal Fund

S.56(a) Expenditure on physical assets outside Howrah

S.57 Operation of bank accounts

S.57(a) Approval of State Government in respect of work etc. estimated to cost more than rupees twenty-five lakhs

S.58 Payment not to be made out of the Municipal Fund unless covered by a budget grant

S.59

S.60 Annual Budget

S.60(a) Financial assistance by State Government

S.61 Power of the Corporation to raise loan

S.62 Limit to the power to raise loan

S.63 Power of the Corporation to open a credit account with a bank

S.64 Repayment of loan

S.65 Form and effect of debentures

S.66 Sinking Funds

S.67 Investment of the amount of the Sinking Fund

S.68 Application of the Sinking Funds

S.69 Statement of investments

S.70 Annual examination of Sinking Funds

S.71 Power of the Corporation to borrow money from the State Government

S.72 Attachment of Municipal Fund for securing payment into Sinking Fund

S.73 Accounts

S.74 Audit of accounts by the Chief Auditor

S.75 Report by the Chief Auditor

S.76 Power of the Chief Auditor to call for vouchers, etc

S.77 Appointment of Auditors

S.78 Report and information to be furnished by Auditors

S.79 Mayor-in-Council to remedy defects and report to the State Government

S.80 Reference of reports to Municipal Accounts Committee

S.81 Powers of the auditors to disallow, surcharge and charge

S.82 Rights of appeal to a Civil Court or to the State Government

S.83 Payment of certified amount

S.84 Costs payable out of Municipal Fund

S.85 Effect of non-payment of certified amount

S.86 Power of the State Government to make rules

S.87 Taxes and fees to be levied by the Corporation

S.87(a) Levy of fees, charges, etc

S.88 Imposition of property tax

S.88(a) Exemption of properties of ex-servicemen

S.88(b) Levy of surcharge on transfer of lands

S.89 Determination of annual value

S.90 Municipal Assessment Code

S.91 Periodical assessment

S.92 Municipal Assessment Book

S.93 Application for review

S.94 Revision of assessment

S.94(a) District Registrar to furnish particulars regarding transfer of immovable properties

S.94(b) Amendment of Municipal Assessment Book by Mayor-in-Council

S.95 Incidence of [property tax] of lands and buildings

S.96 Apportionment of liability for[property tax]

S.97 [Property tax] on lands and buildings from occupiers

S.98 Payment of [property tax] quarterly instalments

S.99 [Property tax] in a busies

S.100 Person liable to pay surcharge to recover it from the occupier

S.101 Penalty in case of default in payment of [property tax] or surchage

S.102 Certificate of enlistment for profession, trade and calling

S.103 Tax on, and license for, advertisements

S.104 Prohibition of advertisements without payment of tax

S.105 Presumption in case of contravention

S.106 Power of Commissioner in case of contravention

S.107 Exceptions

S.108 Tax on carriages and animals

S.109 Rate of tax

S.110 Tax on whom leviable

S.111 Licence

S.112 Power of Mayor-in-Council to compound for tax

S.113 Power of Corporation to make regulations providing for manner of imposition, etc. of tax

S.114 Toll on roads

S.115 Manner of recovery of taxes under this Act

S.116 Time and manner of payment of taxes

S.117 Presentation of bill

S.118 Notice of demand and notice fee

S.119 Penalty in case of default of payment of taxes

S.120 Recovery of tax

S.121 Distress

S.122 Disposal of distrained property and attachment and sale of immovable property

S.123 Recovery from a person about to leave Howrah

S.124 Recovery under Ben. Act 3 of 1913

S.125 Distraint not unlawful for want of form

S.126 Occupiers may be required to pay rent towards satisfaction of [property taxes]

S.127 Recovery of 10[property tax] on lands and buildings or any other tax or charges when owner of land or premises is unknown or ownership is disputed.

S.128 Taxes not invalid for defect of form

S.130 Apportionment of [property tax] by the person primarily liable to pay

S.131 Mode of recovery

S.132 The [property tax] on lands and buildings to be first charge on premises

S.133 Public water-works etc. to vest in the Corporation

S.134 Rights over sub-soil water resources

S.135 Supply of filtered and unfiltered water

S.136 Power of Commissioner to allow owner or occupier of premises to lay down service pipes

S.137 Private connections to premises

S.138 Regulation of consumption of water and provision for meters

S.139 Bathing platforms and public urinals, latrines, stand post

S.139(a) Power to cut off or turn off supply of water to premises

S.140 Public drains and drains in, alongside or under public streets, to vest in Corporation

S.141 Drains, etc. constructed etc. at charge of Municipal Fund on private premises to vest in Corporation

S.142 Private, streets, etc. not to be constructed over municipal drain without permission

S.143 Right of owner or occupier of premises to empty his house- drain into municipal drain

S.144 Connection with municipal drain not to be made except in conformity with

S.145 House-drain, closed cesspool, etc

S.146 Grouping or combination of house-drains and enforcement of drainage to undrained premises

S.147 Municipal drains may communicate with public drains,etc

S.148 Certain matters not to be passed into municipal drains

S.149 Placing or carrying any pipe, etc. over, under or across any immovable property

S.150 Placing and maintenance of aqueducts, etc. over, under or across any immovable property

S.151 Maps of underground utilities

S.152 Power of Corporation to provide and maintain public privies and urinals

S.153 Licence for public toliets and urinals

S.154 Conversion of service privy into sanitary toilet etc

S.155 Privy, urinal and other accommodation at premies for twenty or more labourers or workmen

S.156 Provision for privy and urinal accommodation in premises intended for human habitation

S.157 Position of cesspools

S.158 House-drains, etc. to be subject to survey and control of the Corporation

S.159 Power of Corporation to grant Licence to plumbers

S.159(a) Prevention of mosquito breeding

S.160 Vesting of public streets in the Corporation

S.161 Functions of the Commissioner in respect of public streets

S.162 Power to make new public streets, etc

S.163 Power of Corporation to remove or alter verandah, etc. or fixtures attached to buildings which project, etc. over public street

S.164 Power to move anything erected, deposited or hawked in contravention of this Act

S.165 Prohibition of tethering of animals and milking of cattle

S.166 Power of Corporation to specify building line and street-alignment

S.167 Power of the Commissioner to authorise temporary construction or temporary closure of parts of public streets

S.168 Rights of way for underground utilities

S.169 Closure of public street for parking purposes

S.170 Owners obligation to make a street where dealing with land as building site

S.171 Prohibition of making new streets

S.172 Provision for lighting of public streets, squares, gardens, markets, and buildings

S.172(a) Arrangement for fire prevention and fire safety

S.173 Use of land for erection of new building

S.174 Application for sanction for erection of building

S.175 Sanction or provisional sanction or refusal of erection of building

S.175(a) Bar to construction of building in certain cases for a limited period

S.176 Period for completion of building

S.177 Order of demolition or stoppage of buildings and works

S.177(a) Construction of building in contravention of the provisions of the Act or the rules made thereunder

S.178 Completion certificate

S.179 Prohibition on change of use of building

S.180 Power to order removal of dangerous buildings

S.181 Municipal Building Tribunal for Howrah

S.182 Licensed Building Architect and Licensed Building Surveyor

S.183 Municipal Building Code

S.183(a) Owner to maintain, preserve and conserve heritage building

S.183(b) Power of Corporation to declare a building as a heritage building

S.183(c) Gradation of heritage building

S.183(d) Heritage Conservation Committee

S.183(e) Powers and functions of Heritage Conservation Committee

S.183(f) Power of Corporation to require, purchase or take on lease heritage building

S.183(g) Transfer of right of development for the purpose of acquisition by agreement

S.183(h) Right of access to heritage building acquired by Corporation

S.183(i) Sub-lease of heritage building

S.183(j) Permission of concerned department of State Government before acquisition of heritage building

S.183(k) Power to exempt rates and taxes, etc. on heritage building

S.183(l) Agreement with owner of heritage building pending acquisition

S.183(m) Voluntary contribution and agreement with any voluntary organisation, person or company

S.183(n) Taking over management and control of heritage building

S.183(o) When heritage building ceases to be heritage building

S.183(p) Penalty

S.184 Power of Corporation to define and alter limit of bustees

S.185 Power of Corporation to prepare and execute improvement schemes of bustee

S.186 Power of Corporation to acquire the right of user in Land in or around a bustee

S.187 Sanction of building plans submitted by thika tanants

S.188 Collection, removal and disposal of solid wastes

S.189 Procedure in cases of buildings deemed unfit for human habitation

S.190 Warehouse godowns, etc. not to be established without permission

S.191 Factory, etc. not to be established, etc., without permission of the Commissioner

S.192 Eating houses, etc., not to be used without licence from Commissioner

S.193 Licensing and control of theatres, circuses and places of public amusement

S.194 Power of Commissioner to stop use of premises when used without or otherwise than in conformity with terms of licence

S.194(a) Premises not to be used for keeping animals, birds, etc.24 without licence

S.194(b) Seizure of certain animals or birds

S.194(c) Registration and control of dogs

S.194(d) Power to destroy dog and other animals

S.194(e) Power to stop nuisance from animals

S.195 Power of Corporation to provide and maintain municipal markets, slaughter-houses and stock-yards

S.196 Power of Commissioner to license private markets, etc

S.197 Licensing of butchers and of sale of meat, etc. outside market

S.198 Levy of stallage, rent and fee

S.199 Depots for sale of essential commodities

S.200 Licence for hawking, etc

S.201 Licence for sale of fish, poultry or flesh

S.202 Prohibition of sale, etc. of adulterated or misbranded food or drug

S.203 Registration of manufactory

S.204 Prohibition of adulterants in place where butter, ghee, etc. are manufactured or stored

S.205 Place of manufacture, preparation, etc. for sale of any drug or food to be open to inspection

S.206 Licensing of shops and places for retail sale of drugs

S.207 Manufactory or place of storage or sale of food kept in contravention of provisions of this Chapter may be closed

S.208 Corporation to take measures for prevention and checking of dangerous diseases

S.209 Obligation to give information of dangerous diseases

S.210 Power of Commissioner to inspect places and take measures to prevent spread of dangerous diseases

S.211 Power of Commissioner to disinfect building, tank, pool or well

S.212 Measures to prevent spread of dangerous disease

S.212(a) Registration of births and deaths

S.212(b) Information about birth

S.212(c) Information respecting finding of new-born child

S.212(d) Information regarding death

S.212(e) Medical practitioner to certify cause of death

S.212(f) Duties of police in regard to unclaimed corpses

S.212(g) Sextons etc. not to bury etc. corpse

S.213

S.214

S.215 Power to make rules

S.216 Power to make regulations

S.217 Power to make by-laws

S.218 Power of State Government to cancel or modify regulations and by-laws

S.219 Schedules

S.220 Punishment for offences as given in Schedule V

S.221 Acquisition of property

S.222 Inventory of property

S.223 Disposal of property

S.224 Entry and inspection

S.225 Police Officers to assist the Corporation, Mayor-in-Council, Commissioner, etc

S.226 Saving as to certain suits and proceedings

S.226(a) Responsibilities of Corporation

S.226(b) Saving as to holding of certain office

S.227 Removal of difficulty

S.228 Notices etc. to fix reasonable time

S.229 Signature on notices etc. to be stamped

S.230 Notices etc. by whom to be served or issued

S.231 Service of notices etc

S.232 Cognizance of offences

S.233 Limitation of time for prosecution

S.234 Admissibility of documents or entry as evidence

S.235 Councillors and officers and other employees of the Corporation to be public servants

S.236 Execution of work by occupier on failure of owner

S.237 Prohibition of nuisances

S.238 Power to require buildings, walls, etc. to be rendered safe

S.239 Preparation of Draft Development Plan

S.240 Financial statement in regard to Draft Development Plan

S.241 Modification of Draft Development Plan

S.242 Annual Development Plan

Sch.1 Boundaries of the Corporation

Sch.2 Wards of the Corporation

Sch.3 Class of profession, trade and calling

Sch.4 Tax on Advertisements

Sch.5 Penalties

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