HOWRAH MUNICIPAL CORPORATION ACT, 1980
(1) This Act may be called the Howrah Municipal 'Corporation Act, 1980.
(2) It shall apply to Howrah as defined in this Act.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
In this Act, unless the context otherwise requires,
11. Original clause (1) first renumbered as clause (1A) and present clause (1) Ins. by W. B. Act 17 of 1995, then clause (1A) again renumbered as clause (IB) and present clause (1A) ins by W. B. Act 1 1 of 1999. (1) an article shall be deemed to be "adulterated"
(a) in the case of drugs, if its strength, quality or purity falls below the professed standard under which it is sold or exposed for sale;
(b) in the case of confectionery, if it contains any mineral substance or poisonous colouring or flavouring matter or other ingredients deleterious or detrimental to health; and
(c) in the case of food,
(i) if
The following shall be the municipal authorities for the purposes of carrying out the provisions of the Act, namely :
(a) the Corporation,
(b) the Mayor-in-Council, and
(c) the Mayor.
(1) With effect from such date as the State Government may, by notification, appoint, there shall be a Corporation charged with the municipal government of Howrah, to be known as the Howrah Municipal Corporation.
(2) The Corporation shall be a body corporate with perpetual succession and a common seal, and may by its name sue and be sued.
(3) All properties, along with all rights therein of whatever nature, used, enjoyed or possessed by the Commissioners of the Howrah Municipality constituted under the Bengal Municipal Act, 1932, or by any Gram Panchayat or Panchayat Samiti constituted under the West Bengal Panchayat Act, 1973, as the case may be, included within Howrah immediately before the date of constitution of the Corporation, shall, on an
Sub-sec. (1) subs, by W. B. Act 36 of 1994, which was earlier as under : "(1) The Corporation shall consist of the following members, namely : (a) fifty elected Councillors, (b) two Councillors of whom (i) one shall be the Chief Executive Officer of the Calcutta Metropolitan Development Authority, constituted under the Clacutta Metropolitan Development Authority Act, 1972, ex offlcio, and (ii) the other shall be the Chairman of the Board of Trustees for the Improvement of Howrah, constituted or reconstituted under the Howrah Improvement Act, 1956, or, when the Board is superseded under section 184 of that Act, an officer deemed to be employed by the Calcutta Metropolitan Development Authority under clause (f) of sub-section (1) of section 184A of that Act, read with sub-section (1) of section 17 of the West Bengal Town and Country (Planning and Development) Act, 1979 (hereinafter referred to as the Metropolitan Authority), wh
Sec. 5A ins. by W. B. Act 11 of 1999.
(1) Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected to be a Councillor shall, before taking his seat, make and subscribe before an officer appointed by the State Government an oath or affirmation of his allegiance to the Constitution of India in the following form: "I, A.B., having been elected a Councillor of the Corporation, do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to be Constitution of India as by law established and that I will faithfully discharge the duties upon which I am about to enter".
(2) Any person who, having been elected a Councillor fails to make and subscribe, within three months of the date on which his term of office commences, the oath or
(1) There shall be a Mayor- in-Council consisting of the Mayor, the Deputy Mayor and such number of other elected members of the Corporation, not exceeding five, as the State Government may from time to time determine.
(2) The Deputy Mayor and other elected members referred to in subsection (1) shall be nominated by the Mayor [within a period of thirty davs from the date of his entering into office:]
bProvided that the State Government may, on an application by the Mayor and for reasons to be recorded in writing, extend the period as aforesaid not exceeding thirty days, as the State Government may think fit.
(3) Any casual vacancy in the office of the De
A member of the Mayor-in-Council other than the Mayor shall hold office from the date of his nomination to the Mayor-in-Council until
(a) he ceases to be a member of the Corporation, or
(b) he resigns his office by writing under his hand addressed to the Mayor in which case the resignation shall take effect from the date of its acceptance, or
(c) he is removed from office by a written order of the Mayor, or
32c32c. Clause (d) subs, by W.B. Act 6 of 2001, which was earlier as under:- "(d) the Mayor ceases to hold office, or" (d) a newly elected Mayor enters upon his office in the case of any casual vacancy in t
The elected members of the Corporation shall elect from amongst themselves,
(a) at the first meeting of the Corporation after a general election,
(i)one member to be the Mayor, and
(ii) one member to be the Chairman, and
(b) so often as a vacancy in the office of the Mayor or the Chairman, as the case may be, occurs by reaosn of death, resignation, removal or otherwise and within one month of the occurrence of such vacncy, one member to be the Mayor or the Chairman, as the case may be, who shall assume office forthwith after taking such oath of secrecy as may be prescribed.
(1) A Mayor or a Chairman, as the case may be,
(a) shall cease to hold office as such forthwith if he ceases to be a member of the Corporation;
(b) may, at any time, by giving notice in writing to the Corporation, resign his office and such resignation shall take effect from such date as may be specified in the notice or, if no such date is specified, from the date of its receipt by the Corporation;
(c) may be removed from office by a resolution carried by a majority of the total number of elected members of the Corporation at a special meeting of the Corporation called for this purpose upon a requisition made in writing by not less than one-third of the elected members of the Corporation:
Provided th
(1) The Corporation shall, at its first meeting in each year or 33a33a. Words subs, for the words "as soon as may be at any meeting subsequent thereto," by W.B. Act 6 of 2001. [in its next meeting which shall be held within a period of thirty days from the date of its first meeting in that year,] constitute a Municipal Accounts Committee:
33b33b. Proviso ins. by W.B. Act 6 of 2001. Provided that the State Government may, on an application by the Mayor and for reasons to be recorded in writing, extend the period as aforesaid by such period not exceeding thirty days as the State Government may think fit.
(2) The Municipal Accounts Committee shall consist of
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(1) The Corporation shall, at its first meeting after the election of members thereto or as soon as may be thereafter, group the wards of the Corporation mentioned in Schedule II into five boroughs so that each borough consists of ten contiguous wards, and consititute a Borough Committee for each borough.
(2) Each Borough Committee shall consist of the Councillors 3434. Words ".other than the members of the Mayor-in-Council." om. by W. B. Act 36 of 1994. * * * * * * * elected from the wards constituting the Borough.
(3) A member of the Borough Committee representing a constituent ward shall hold office till he ceases to be the Councillor representing such ward.
3636. Sec. 11A ins. by W. B. Act 36 of 1994.
(1) Each ward of the Corporation shall have a Ward Committee.
(2) The composition and functions of the Wards Committee shall be such as 36a36a. Words subs, for the words "the State Government may by notification determine." by W.B. Act 6 of 2001. [may be prescribed.]
(3) The Councillor elected from a ward shall be the Chairperson of the Ward Committee for that ward.
Words ins. by W. B. Act 11 of 1999. The Mayor, the Chairman, the Deputy Mayor, the members of the Mayor-in-Council 3737. Words ins. by W. B. Act 11 of 1999. [, the Leader of the Opposition] and the members of the Committee constituted in accordance with the provisions of this Chapter 3838. Words, figures and letter ins. by W. B. Act 11 of 1999. [, except the Ward Committee constituted under section 11A,] shall be given such remuneration and facilities as may be prescribed.
(1) The Corporation shall have the following officers, namely:
(a) the Commissioner,
(b) the Controller of Finances,
(c) the Chief Auditor,
(d) the Chief Engineer,
(e) the Chief Architect,
(f) the Health Officer, and
(g) the Secretary.
(2) The Commissioner, the Controller of Finances and the Chief Auditor shall be appointed
(a) by the State Government in consultation with the Mayor-in- Co
(1) The Commissioner, the Controller of Finances and the Chief Auditor shall be paid out of the Municipal Fund such salaries and allowances as may, from time to time, be determined by the State Government :
3939. Provisos ins. by W. B. Act 11 of 1999. provided that if any officer referred to in this sub-section is an officer in the service of the State Government, the Corporation shall make such contribution towards his salaries and allowances as may be required by or under the conditions of his service under the State Government :
3939. Provisos ins. by W. B. Act 11 of 1999. Provided further that the Mayor-in-Council may, with the prior approval of the State Government, sanction remuneration to any officer referred to in this sub-section in addition to the salaries and allowances referred
If any vacancy occurs in the office of any of the officers referred to in clause (a) of sub-setion (2) of section 13 by reason of death, resignation, removal or otherwise, the State Government may appoint another person to officiate in his place for a period not exceeding six months.
(1) The posts of officers and employees of the Corporation, other than those referred to in clauses (a) to (g) of sub-section (1) of section 13, shall constitute the establishment of the Corporation.
(2) The Corporation shall, by regulation, classify the posts of officers and employees constituting the establishment of the Corporation into such categories as it may consider necessary and shall maintain a schedule of posts indicating the designation, grade and number of sanctioned posts within such category.
(3) The Mayor-in-Council shall consider any proposal for revision in the schedule of posts and place the same with its recommendation, if any, before the Corporation for approval before the presentation of the budget estimate to the Corporati
(1) The method of, and the qualifications required for, recruitment to posts of different categories constituting the establishment of the Corporation shall be such as may be prescribed.
(2) Subject to provisions of this Act, appointment to all the posts of officers and employees constituting the establishment of the Corporation shall be made by the Commissioner with the approval of the Mayor-in- Council.
(1) Notwithstanding anything contained in this chapter or elsewhere in this Act or the rules made thereunder, an officer or other employee of the Corporation shall retire from service complusorily with effect from the afternoon of the last day of the month in which he attains the age of sixty years.
(2) No officer or other employee of the Corporation shall be reemployed
The Corporation may, by regulation, provide for the terms and conditions of service including dicipline, control and conduct of officers and other employees constituting the establishment of the Corporation.
(1) The Corporation 4141. Word subs, for the words "shall, as soon as may be, after the commencement of this Act," by W. B. Act 8 of 1989. [may] constitute a Municipal Service Commission to be known as the Howrah Municipal Service Commission consisting of
(a) a Chairman, and
(b) two other members.
(2) The Chairman and one of the other members shall be nominated by the Mayor-in-Council and one member shall be nominated by the State Government.
(3) The Municipal Service Commission shall perform such duties and in such manner as may be prescribed.
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The salaries and allowances, if any, of the Chairman and other members of the Municipal Service Commission and the officers, and other employees thereof shall be paid from the Municipal Fund:
4343. Proviso added by W. B. Act 8 of 1989. Provided that any amount of contribution payable by the Corporation under sub-section (2) of section 27 of the Calcutta Municipal Corporation
Subject to the provisions of this Act and the rules and the regulations made thereunder, the municipal government of Howrah shall vest in the Corporation.
(1) Subject to the provisions of this Act and the rules and the regulations made thereunder, the executive power of the Corporation shall be exercised by the Mayor-in-Council.
(2) All executive actions of the Mayor-in-Council shall be expressed to be taken in the name of the Corporation.
(1) The Mayor shall exercise such powers and discharge such functions as are conferred on him by or under this Act.
(2) The Mayor shall preside over a meeting of the Mayor-in-Council which shall meet at such place and at such time as the Mayor may direct.
(3) The matters to be discussed at a meeting of the Mayor-in-Council shall be prepared under the direction of the Mayor and shall be circulated to the members of the Mayor-in-Council in such manner as the Mayor may determine.
(4) The Mayor shall allot among the members of the Mayor-in-Council such business of the Corporation and in such manner as he thinks fit.
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Sec. 24 subs, by W.B. Act 6 of 2001, which was earlier as under:- "24. The Deputy Mayor to act as Mayor or to discharge his functions during casual vacancy in the office, or during the absence, of Mayor. (1) In the events of the occurrence of any vacancy in the office of the Mayor by reason of his death, the Deputy Mayor shall act as Mayor until the date on which a new Mayor elected in accordance with the provisions of this Act to fill such vacancy enters upon his office. (2) When the Mayor is unable to discharge his functions owing to absence, illness or any other cause, the Deputy Mayor shall discharge his functions until the date on which the Mayor resumes his duties. (3) Subject to the other provisions of this Act, the Deputy Mayor shall, while acting as, or discharging the functions of, the Mayor under this section, have all the powers of the Mayor.".
(1) In the events of the
Sec. 25 renumbered as sub-sec. (1) of that sec. by W. B. Act 17 of 1995. (1) The Commissioner shall be the. principal executive officer of the Corporation and shall, subject to the supervision and control of the Mayor,
(a) exercise the powers and perform the functions specifically conferred or imposed on him by or under this Act or by any other law for the time being in force;
(b) assign the duties, and exercise supervision and control over the acts and proceedings, of all officers and employees of the Corporation 4545. Words "other than the Chief Auditor" om. by W. B. Act 17 of 1995. * *****;
(c) shall be responsible for the custody of all records other than papers and documents connected with the proceedings of the Corporation and the Mayor-in-
(1) The Secretary shall be Secretary to the Corporation and the Accounts Committee and shall exercise such powers and discharge such functions as are conferred on him by or under this Act or as may be assigned to him by the Commissioner.
(2) The Secretary shall be responsible for the custody of all papers and
The financial power of the Corporation or the Mayor-in-Council or the Commissioner shall be such as may be prescribed.
(1) The Corporation may by resolution delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Mayor-in-Council.
(2) The Mayor-in-Council may by order delegate, subject to such conditions as may be specified in the order, any of its powers or functions to the Mayor or to the Commissioner.
(3) Subject to such standing orders as may be made by the Mayor-in-Council in this behalf,
(a) the Mayor may by order delegate, subject to such conditions as may be specified in the order, any of his powers or functions to the Deputy Mayor or to the Commissioner;
(b) th
If any doubt arises as to whether any particular power or function appertains to any muncipal authority or the Commissioner, the Mayor shall refer the matter to the State Government and the decision thereon of the State Government shall be final.
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Corporation shall vest in the State Election Commission.
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No person shall be entitled to be registered in the electoral roll for more than one constituency or more than once in the electoral roll of any constituency.
(1) The State Government shall, by notification, and on such terms and conditions as it thinks fit, appoint an election authority and such number of assistant election authorities as may be necessary for the preparation, publication, revision, correction and maintenance of the electoral roll and for holding of elections under this Act.
(2) The election authority may appoint such staff for such period and on such pay as the Slate Government may sanction.
(3) The salary of the election authority, the assistant election authorities and the staff appointed under sub-section (2) and all other expenses relating to the establishment of such authority or authorities shall be paid out of the Municipal Fund.
Subejct to other provisions of this Act, every person, who
(a) is not less than eighteen years of age on the qualifying date, and
(b) is ordinarily resident in Howrah, shall be enlitled to be registered in the electoral roll of Howrah.
Explanation, For the pruposes of this Chapter, the expression "qualifying dsts". In relation to the preparation or revision of an electoral roll, shall mean the first day of such month of the year in which it is so prepared or revised as may be specified by the State Government by notification or, where the electoral roll for election of members to the West Bengal Legislative Assembly is adopted under the proviso to section 30 as the electoral roll for election of Cou
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A Councillor shall hold office for a period of five years from the date of the first meeting of the Corporation under section 45 or for the period for which the new Board referred to in the second proviso to sub-section (2) of section 53 shall continue thereunder or for the period for which a member chosen to fill a casual vacancy shall be chosen to serve under sub-section (2) of section 83 of the West Bengal Municipal Elections Act. 1994, unless
(a) the Board is dissolved earlier, or
(b) he resigns his office by writing under his hand addressed to the Chairman and the resignation is accepted by the Board at a meeting in which case the resignation shall take effect from the date of its acceptance, or
(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, such competent authority for the Corporation as may be appointed by the State Government by notification in this behalf (hereinafter referred to in this section as the competent authority), may, subject to the other provisions of this section, declare, for reasons to be recorded in writting, a Councillor to be disqualified for being a Councillor thereof, if
(a) he is an elected Councillor set up by a recognised political party and has
(i) voluntarily given up his membership of such recognised political party, or
5454. Sub-clause (iA) ins. by W.B. Act 6 of 2001. (iA) joined another recognised political party, or
Secs. 41 and 42 om. by W. B. Act 36 of 1994. Those secs, were as under : "41. Bar to election as Alderman. A person shall not be qualified for being elected as an Alderman if he was a candidate for being elected as a Councillor in a general election immediately preceding the election of Aldermen. 42. Procedure for holding elections. The procedure for holding elections of the Councillors and Aldermen shall be such as may be prescribed. * * * * * * *
Secs. 41 and 42 om. by W. B. Act 36 of 1994. Those secs, were as under : "41. Bar to election as Alderman. A person shall not be qualified for being elected as an Alderman if he was a candidate for being elected as a Councillor in a general election immediately preceding the election of Aldermen. 42. Procedure for holding elections. The procedure for holding elections of the Councillors and Aldermen shall be such as may be prescribed. * * * * * * *
(1) The Chair man shall at the beginning of each calendar year nominate from amongst the elected members of Corporation a panel of not more than three presiding officers and specify a sequence in which any one of them may preside over the meetings of the Corporation in the absence of the Chairman.
(2) A member nominated under sub-section (1) shall hold office until a new panel of presiding officers is nominated.
(1) The Corporation shall meet not less than once in every month for the transaction of business.
(2) The Chairman may, whenever he thinks fit, and shall, upon a requisition in writing by not less than ten elected members of the Corporation, convene a meeting of the Corporation.
(3) Any meeting may be adjournd until the next or any subsequent date, and an adjourned meeting may be further adjourned in the like manner.
(1)The first meeting of the Corporation after a general election shall be held as eqrly as possible after the publication of the results 5959. Word subs, for the words "of the election of Aldermen under the rules made under this Act" by W. B. Act 36 of 1994. [thereof] and shall be convened by the Secretary.
(2) Notwithstanding anything contained in this Act the first meeting of the Corporation for the election of the Mayor and the Chairman shall be presided over by a member to be nominated by the State Government in this behalf :
Provided that such member shall not himself be a candidate for such election.
(3) In the case of equality of votes obtained by
A list of the business to be transacted at every meeting of the Corporation except at an adjourned meeting shall be sent by the Secretary to the registered address of each member of the Corporation at least seventy-two hours before the time fixed for such meeting; and no business shall be brought before, or transacted at, any meeting other than the business of which notice has been so given :
Provided that any member of the Corporation may send or deliver to the Secretary notice of any resolution so as to reach him at least 6060. Word subs, for the word "seventy-two" by W. B. Act 17 of 1995. [forty-eight] hours before the time fixed for the meeting and the Secretary shall with all possible despatch take steps to circulate such resolution to every member of the Corporation in such manner as by may think fit.
(1) The quorum necessary for the transaction of business at a meeting of the Corporation shall be one-fourth of the total number of members of the Corporation.
(2) If at any time during a meeting of the Corporation there is no quorum it shall be the duty of the Chairman or the person presiding over such meeting either to adjourn the meeting or to suspend it till there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2), the
(4) All matters required to be decided by the Corporation at a meeting shall, save as otherwise provided in this Act, be determined by a majoirty of the members of the Corporation present and voting at such meeti
(1) The Chairman or, in his absence, a member of the panel of Presiding Officers nominated under section 43 shall preside at every meeting of the Corporation:
Provided that when a meeting is held to consider a motion for the removal of the Chairman, the Chairman shall not preside at such meeting.
(2) In the absence of the Chairman and all members of the panel of the Presiding Officers as aforesaid from a meeting of the Corporation, the elected members present shall choose from amongst themselves one member to preside over the meeting.
(3) The Chairman or the person presiding over a meeting of the Corporation shall have and exercise only a casting vote in
(1) Any Councillor 6161. Words "or Alderman" om. by W. B. Act 36 of 1994. * * * * * may give notice of raising discussion on a matter of urgent public importance to the Secretary specifying the matter to be raised.
(2) Such notice supported by the signature of at least two other elected members shall reach the Secretary at least 6262. Word subs, for the word "seventy-two" by W.B. Act 17 of 1995. [forty-eight] hours before the date on which such discussion is sought and the Secretary shall promptly place it before the Chairman or, in his absence, any member of the panel of Presiding Officers and circulate the same among the members in such manner as he may think fit.
A Councillor 6363. Words "or an Alderman" om. by W. B. Act 36 of 1994. * * * * may, in such manner as may be prescribed, ask the Mayor-in-Council questions on any matter relating to the administration of the Corporation on the municipal government of Howrah and all such questions shall be answered by the Mayor or any other member of Mayor-in-Council.
(1) Any Councillor 6464. Words "or Alderman" om. by W. B. Act 36 of 1994. * * * * may ask for a statement from the Mayor-in-Council on an urgent matter relating to the administration of the Corporation on the municipal government of Howrah by giving a notice to the Secretary at least one hour before the commencement of the sitting on any day.
(2) The Mayor or a member of the Mayor-in-Council may accordingly make a brief statement on the same day or fix a date for the same.
Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the members of the Corporation and shall at all reasonable times be available at the office of the Corporation for inspection by any member of the Corporation, free of cost, and by any other persons on payment of such fee as the Corporation may determine.
(1) If in the opinion of the State Government, the Corporation has shown its incompetence, or has persistently made default, in the performance of the duties or in the exercise of the functions imposed on it by or under this Act or any other law, or has exceeded or abused its powers, the State Government may, by an order published, with the reasons for making it, in the Official Gazette, declare the Corporation to be incompetent, or in default, or to have exceeded or abused its powers as the case may be, [and dissolve it for such period, not exceeding six months,] as may be specified in the order :
Provided that no such order shall be made by the State Government unless
(a) a notice has been given to the Corporation specifying therein a period within which the Corporation may submit repres
Word subs, for the word "supersession" by W. B. Act 36 of 1994.
(1) With effect from the date of an order made under section 53,
(a) all members of the Corporation, the Mayor-in-Council and any Committee of the Corporation constituted under this Act shall vacate their respective offices, 7070. Words "except in a case where the supersession is partial" om. by W. B. Act 36 of 1994. * * * * * and
(b) all the powers and the duties, which under the provisions of this Act or any rule, regulation or by-law made thereunder may be exercised or performed by the Corporation or the Mayor-in-Council or any Committee of the Corporation or the Mayor or such other powers and duties as may be specified in the order, shall be exercised or performed, subject to th
Secs. 54A, 54B and 54C ins. by W.B. Act 6 of 2001. Where, by reason of any order of a court of competent jurisdiction, the Corporation is unable to exercise such powers, or to perform such duties, or to discharge such functions, as conferred or imposed on it by or under any of the provisions of this Act or the rules or regulations made thereunder, the State Government may appoint any authority, or any person or persons, to exercise the powers, or perform the duties, or discharge the functions, as the case may be, during the period of such inability in such manner, and on such conditions, as the State Government may, by order, direct.
Secs. 54A, 54B and 54C ins. by W.B. Act 6 of 2001. All the members, officers and other employees of the Corporation shall, while acting, or purporting to act, in pursuance of, or in exercise of any power conferred by or under, any of the provisions of this Act or the rules or the regulations made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code.
(1) Notwithstanding anything to the
(a) upon the issue of any direction to the Corporation to exercise any power or to perform any function or to discharge any duty, or
(b) upon the transfer to the Corporation of any function, or control and management of any property, under any of the provisions of this Act, the State Government shall, subject to such conditions as it may deem fit to impose, place at the disposal of the Corporation the services of such officers and other employees as may be necessary to enable it to exercise such power or perform such function or discharge such duty, as the case may be.
(2) The officers and other employees, whose services are so placed at the disposal of the Corpora
(1) There shall be a Municipal Fund held by the Corporation in trust for the purposes of this Act and all moneys realised or realisable under this Act and all moneys otherwise received by the Corporation shall be credited to this fund.
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7373. Sub-sec. 3 subs, by W.B. Act 17 of 1995, which was earlier as under: "(3) All moneys payable to the Municipal Fund in the different accounts referred to in sub-section (2) shall forthwith be paid into the State Bank of India or in any other bank approved by the State Government in this behalf, to the credit of the accounts which shall respectively be styled as (a) the Water-supply, Sewerage and Drainage Account of the Municipal Fund of the Howrah Municipal Corporation. (b) the Road Development an
Subject to the provisions of section 55, the moneys credited from time to time to the Municipal Fund shall be applied for payment of all sums, charges and costs necessary for carrying out the purposes of this Act and the rules and the regulations made thereunder or for payment of all sums payable out of the Municipal Fund under any other enactment for the time being in force.
Sec. 56A. ins. by W. B. Act 17 of 1995. Expenditure on physical assets outside Howrah may, for carrying out the purposes of this Act, be made if a resolution to that effect is carried out by not less than one-half of the total number of elected members of the Corporation.
Subject to the other provisions of this Act, payment from the Municipal Fund shall be made in such manner as may be determined by regulations, and the accounts referred to in section 55 shall be operated by such officers of the Corporation as may be authorised by the Corporation by regulations.
Sec. 57A ins. by W. B. Act 11 of 1999. No expenditure for any work or for purchase of any material as may be necessary for the purposes of this Act shall be made without the approval of the Corporation at a meeting, if the estimated cost of such work or purchase exceeds rupees five thousand but does not exceed rupees twenty-five lakhs :
Provided that where the estimated cost of such work or purchase exceeds rupees twenty-five lakhs, approval of the State Government shall be obtained.
No payment of any sum out of the Municipal Fund shall be made unless the expenditure is covered by a current budget grant and a sufficient balance of such budget grant is available notwithstanding any reduction or transfer thereof under the provisions of this Act:
7676. Proviso ins. by W. B. Act 17 of 1995. Provided that this section shall not apply to payments in the following cases:
(a) refund of taxes and other moneys which are authorised by this Act;
(b) repayment of moneys belonging to contractors or other persons and held in deposit and all moneys collected or credited to the Municipal Fund by mistake;
(c) temporary payments for works urgently required by the State Government in the public inter
Sec. 59. om. by W. B. Act 17 of 1995. which was as under : "59. Investment of surplus moneys. Surplus moneys standing at the credit of any of the accounts of the Municipal Fund which cannot, immediately or at an early date, be applied for the purposes of this Act by the Corporation may, in accordance with such rules as may be made by the State Government in this behalf, be transferred by the Corporation either in whole or in part to any other account of the Municipal Fund: Provided that no such money shall be transferred permanently from any one account to any other account of the Municipal Fund without the previous approval of the State Government.". * * * * * *
(1) The Corporation shall, on or before the 7979. Figures and letters subs, for the figure and letters "2nd" by W. B. Act 17 of 1995. [31st] day of March in each year, adopt for the ensuing year a budget estimate of the income and the expenditure of the Corporation to be received and incurred on account of the municipal government of Howrah.
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(3) The budget estimate shall state the rates at which various taxes, cesses and fees shall be levied by the Corporation in the year next following.
(4) The budget estimates shall state the amount of money to be raised by the Corporation as loan during the year next following.
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Sec. 60A ins. by W. B. Act 11 of 1999.
(1) The State Government may, from time to time, give grants or financial assistance to the Corporation with or without direction as to the manner of application of such grants or financial assistance.
(2) The State Government may also lay down the pattern of distribution of such grants or financial assistance and the conditions of release of the grants for the purpose of such distribution.
(3) The State Government shall give grants to the Corporation for implementation in full or in part of any scheme included in the Annual Development Plan.
The Corporation may, by a resolution passed at a meeting, from time to time raise a loan, by the issue of debentures or otherwise on the security of the 83a83a. Words subs, for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] or of all or any of the taxes, fees and dues under this Act, or on the guarantee by the State Government, of any sum of money which may be required
(a) for the construction of works under this Act, or
(b) for the acquisition of land or buildings for the purposes of this Act, or
(c) to pay off any debt due to the State Government, or
(d) to repay a loan raised under thi
Notwithstanding anything hereinbefore contained, the power of the Corporation to raise a loan shall be so limited that the sums payable under this Act during any year for interest and for the maintenance of Sinking Funds established under this Act shall not exceed fifteen per cent. of the annual value of land and buildings as determined under this Act.
Notwithstanding anything contained in section 61, whenever the raising of any loan has been sanctioned by the State Government under that section the Corporation may, instead of raising such loan or any part thereof from the public, take credit, on such terms as may be approved by the State Government, from any bank on a cash account to be kept in the name of the Howrah Municipal Corporation Cash Account to the extent of such loan or any part thereof and, with the sanction of State Government, may grant mortgages of all or any of the properties vested in the Corporation by way of securing the repayment of the amount of such credit or of the sum advanced from time to time on such cash account with interest.
Every loan raised by the Corporation under section 61 shall be repaid within the period approved under that section and by such of the following methods as may be approved by the State Government, namely :
(a) from a Sinking Fund established under section 66 in respect of such loan, or
(b) partly from such Sinking Fund and partly from the loan raised for the purpose under section 61.
All debentures issued under this Chapter shall be in such form, and shall be transferable in such manner, as the Corporation may by regulation determine, and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.
(1) The Corporation shall establish a separate Sinking Fund in respect of each loan raised under section 61 and shall pay into such fund every six months a sum so calculated that if regularly paid such sum together with the compound interest accrued thereon would be sufficient, after payment of all expenses, to pay off the loan within the period approved by the State Government under the provisio to section 61.
(2) The rate of interest at which the sum referred to in sub-section (1) shall be calculated shall be such as may be prescribed.
(1) All moneys paid into a Sinking Fund shall as soon as possible be invested by the Corporation in
(a) Government securities, or
(b) securities guaranteed by the Central or any State Government, or
(c) debentures issued by the Corporation, or
(d) debentures isued by the Trustees for the Improvement of Howrah, or
(e) any public securities approved by the State Government and shall be held by the Corporation for the purpose of repaying from time to time the loans raised by it by the issue of debentures or otherwise.
(2) All dividends and other sums received in respect
Until any loan is wholly repaid, the Corporation shall not apply any Sinking Fund established under this Act in respect of such loan for any purpose other than the purpsoe of repayment of such loan.
(1) The Commissioner shall, at the end of each year, prepare a statement showing
(a) the amount which has been invested during the year under section 67,
(b) the date of the last investment made during the year,
(c) the aggregate amount of securities then in the hands of the Corporation, and
(d) the aggregate amount which has, up to the date of the statement, been applied for the purpose of repayment of loan under section 68.
(2) Every such statement shall be laid before a meeting of the Corporation and shall be published in the Official Gazette.
(1) All Sinking Funds established under this Act shall be subject to annual examination by the auditors appointed under section 77, who shall ascertain whether the cash and amount which should be at the credit of such funds had investments under section 67 been regularly made and had the interest accruing on account of such investments been regularly obtained.
(2) The amount which should be at the credit of a Sinking Fund shall be calculated on the basis of the sums credited to such fund under sub-section (2) of section 67.
(3) The value of securities belonging to a Sinking Fund shall be their current value, unless such securities become due for redemption at par with or above their face value before maturity in which case their current value sh
(1) The Corporation may borrow money from the State Government for carrying out of the purposes of this Act, other than those referred to in section 61, on such terms and conditions as the State Government may determine.
(2) If any money borrowed by the Corporation from the State Government before the commencement of this Act or under sub-section (1) is not repaid, or any interest due in respect thereof is not paid, according to the terms and conditions of such borrowing, the State Government may attach Municipal Fund or any portion thereof.
(3) After such attachment no person other than an officer appointed in this behalf by the State Government shall in any way deal with the attached Fund or portion thereof. Such officer may do all acts in res
If the Corporation fails to make any payment or to transfer any sum under sub-section (4) or sub-section (5) of section 70, the State Government may attach the Municipal Fund or any protion thereof and thereupon the provisions of section 71 shall, with all necessary modification, apply.
The accounts of all reeipts and expenditure of the Corporation shall be kept in such manner and in such form as the State Government may from time to time prescribe.
(1) The Chief Auditor shall conduct a monthly internal audit of the accounts of the Corporation and shall report thereon to the Mayor-in-Council who shall cause an abstract of the receipts and expenditure of the month last preceding to be published.
(2) The Chief Auditor shall also conduct from time to tiem such other audit of the accounts of the Corporation as the Mayor-in-Council may direct.
(3) For the purpose of audit of the accounts of the Corporation the Chief Auditor shall have access to all accounts of the Corporation and records and correspondences relating thereto 8484. Words ", and the Commissioner shall forthwith furnish to the Chief Auditor such explanation concerning any receipt or expenditure as he may call for" om. by W. B. Act 1
(1) The Chief Auditor shall
(a) report to the Mayor-in-Council any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of moneys due to the Corporation or in the accounts of the Corporation;
(b) furnish to the Mayor-in-Council such information as it may from time to time require concerning the progress of the audit.
(2) The Mayor-in-Council shall cause to be laid before the Corporation every report made to it by the Chief Auditor together with a statement of orders passed threon by the Mayor-in-Council and thereupon the Corporation may take such action as it may deem fit.
The Chief Auditor shall audit the accounts of the Corporation with the assistance of officers and other employees subordinate to him and, for the purpose, may call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit, and shall be competent to frame standing orders and to give directions on all matters relating to audit and particularly in respect of the method and the extent of audit and the raising and pursuing of objections.
(1) The accounts of the Corporation shall be audited from time to time by auditors appointed in that behalf by the State Government.
(2) The Commissioner shall submit accounts to the auditors as required by them :
Provided that the Commissioner shall not be bound to submit accounts of expenditure in connection with any anti-corruption work but shall, if so required by the auditors, furnish certificate under his signature of all such expenditure.
(3) The auditors so appointed may,
(a) by written summons, require the production before them or before any officer sub
The Auditors appointed under section 77 shall,
(a) report to the Mayor-in-Council any material impropriety or irregularity which they may observe in the expenditure, or in the recovery of moneys due to the Corporation, or in the accounts of the Corporation;
(b) report to the Mayor-in-Council any loss or waste of money or other property owned by or vested in the Corporation which has been caused by neglect or misconduct and may, if they think fit, report the names of the persons who in their opinion are directly or indirectly responsible for such loss or waste;
(c) furnish to the Mayor-in-Council such information as the Mayor-in-Council may from time to time require regarding the progress of audit;
The Mayor-in-Council shall forthwith remedy any defects or irregularities that may be pointed out by the auditors and shall report to the Corporation and the State Government the action taken by it :
Provided that if there is a difference of opinion between the Mayor-in- Council and the auditors the Mayor-in-Council, or if the Mayor-in-Council does not remedy any defect or irregularity within a reasonable period the auditors shall refer the matter to the State Government within such time and in such manner as may be prescribed, and it shall be within the competence of the State Government to pass such orders thereon as it thinks fit.
(1) The Corporation shall refer all reports received under section 78 to the Municipal Accounts Committee for their examination and report under section 10.
(2) The report of the Municipal Accounts Committee shall be discussed at a meeting of the Corporation for such decision as the Corporation may think fit :
Provided that if no report is received from the Municipal Accounts Committee, the Corporation shall be competent to discuss the auditors' reports under section 78 for such decision as it thinks fit.
(3) The Corporation shall publish the auditors' reports referred to in section 78 together with the reports of the Municipal Accounts Committee, if any
(1) The auditors shall, after giving the person concerned an opportunity to submit an explanation and after considering such explanation, if any, disallow every item of accounts contrary to the provisions of this Act, and surcharge the amount of any illegal payment on the person making or authorising the making of such payment, and charge against any person responsible therefor the amount of any deficiency or loss incurred by the negligence or misconduct of such person or any amount which ought to have been, but is not brought into account by such person, and shall in every such case certify the amount due from such person.
(2) The auditors shall record the reasons for every disallownace, surcharge or charge under sub-section (1) and shall serve in the manner prescribed a certificate of the amount due under that sub-section, and a copy
Any person from whom any sum has been certified by the auditors under section 81 to be due may, within one month after he has received or has been served with the certificate, either
(a) apply to a Civil Court of competent jurisdiction to set aside or modify such disallowance, surcharge or charge and upon such application the Court may, after taking such evidence as it considers necessary, confirm, set aside or modify the disallowance, surcharge or charge and the certificate with such order as to costs as it may think proper, or
(b) appeal to the State Government and the State Government shall pass such Orders as it thinks fit. The decisions of the State Government on such appeal shall be final.
Where an amount is certified under sub-section (1) of section 81 to be due from any person, such amount, or where such person proceeds under section 82, such amount as the Court or the State Government, as the case may be, may decide to be due from such person, shall be paid within three months from the date of certificate under sub-section (1) of section 81, or as the case may be, within such period not less than three months from the date of such decision as the Court or the State Government , as the case may be, may allow and in the case of default of payment, the amount shall be recoverable by the Commissioner as an amount decreed by the Court of the District Judge, Howrah.
(1) Any cost allowed by the Court under clause (a) of section 82 shall be paid out of the Municipal Fund within such period as the State Government may fix in this behalf.
(2) If the Corporation fails to pay such cost within the period fixed by the State Government under sub-section (1), the State Government may attach the Municipal Fund or any portion thereof and the provisions of sub-section
(2) of section 71 shall, with all necessary modifications, be deemed to apply in respect of such attachment.
Where a person from whom an amount is certified to be due under sub-section (1) of section 82 is a member of the Corporation or of a committee thereof or is an officer or employee of the Corporation and where sucn person has not paid such amount within three months from the date of such certificate, or where an amount declared to be due from such person under clause (a) or clause (b) of section 82 had not been paid by such person within such period not less than three months from the date of such declaration as may be allowed to him under section 83, such person shall be deemed to have vacated his seat or to have been dismissed from the service of the Corporation, as the case may be, with effect from the date of an order to be made by the State Government in this behalf and shall not be eligible for re-election or reappointment, as the case may be, until the amount as aforesaid has been paid by him.
(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters :
(a) the manner and the forms in which the accounts of the Corporation shall be kept under section 73;
(b) the time within which, and the manner in which, the matter referred to in the proviso to section 79 shall be referred to the State Government;
(c) the publication of the auditors' reports together with the report of the Municipal Accounts Committee under sub-section (3) of section 80;
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(1) The Corporation shall, for the purposes of this Act, have the power to levy the following taxes and fees :
(a) a 8787. Words subs, for the words "consolidated rate" by W. B. Act 17 of 1995. [property tax] on land and buildings,
88 * * * * *
(c) a tax on advertisements other than advertisements published in newspapers,
(d) a tax on cariages and animals.
8989. Clause (e) subs, by W. B. Act 11 of 1999, which was as under: "(e) a toll on ferries and bridges;". (e) toll on
(i) ferry,
(ii) bridge, and
(iii) heavy truck which s
(1) The Corporation may, from time to time, levy fee for licences issued or permissions granted under the provisions of this Act and also impose charges for any specific services rendered in pursuance of the provisions of this Act.
(2) The State Government may, from time to time, prescribe the scale at which such fees may be levied or charges imposed. B [Property tax] on lands and buildings and surcharge
(1) For the purposes of this Act, property tax on the annual value of lands and buildings comprised in a holding, as determined under this chapter, shall be imposed by the Corporation.
(2) Such property tax shall be determined as follows :
(a) where the annual value of lands and buildings does not exceed
(b) where the annual value of lands and buildings exceeds nine hundred and ninety-nine rupees, the property tax shall be determined in accordance with the following formula : annual value ------------- +22 per cent of the annual value: 1000
Provided that the property tax shall not exceed 40 per cent of the anuual value of lands and buildings :
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Secs. 88A and 88B ins. by W. B. Act 11 of 1999. Notwithstanding anything contained in the foregoing provisions of this chapter, the Corporation may, by a resolution, exempt 25 per cent of the property tax in respect of any holding belonging to an ex-serviceman, or family of a deceased soldier or ex-serviceman, who has no other land or building in any part of the State of West Bengal and who is residing in that holding.
Secs. 88A and 88B ins. by W. B. Act 11 of 1999.
(1) The Corporation
(2) The rate of the surcharge, and the manner of
(a) collection of the surcharge,
(b) payment of the surcharge to the Corporation, and
(c) deduction of the expenses, if any, incurred by the State Government in course of collection of the surcharge, shall be such as may be prescribed.
For the purpose of determination of the 9696. Word subs, for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on any land or building,
(a) the annual value of land, and the annual value of any building erected for letting purposes or ordinarily let, shall be deemed to be the gross annual rent at which the land or building might at the time of assessment be reasonably expected to be let from year to year, less, in the case of a building, an allowance of ten per cent. for the cost of repairs and for all other expenses necessary to maintain the building in a state to command such gross rent; and
(b) the annual value of any building not erected for letting purposes and not ordinarily let, shall be deemed to be five per cent. on the sum obtained by adding the estimated presen
(1) The State Government may by rules provide for the detailed procedure for determination of the annual value of lands or buildings in Howrah and for other matters connected therewith and such rules together with any regulations made under this Act shall constitute the Municipal Assessment Code.
(2) Under the rules as aforesaid
(i) every building together with the site and the land appurtenant thereto shall be assessed as a single unit:
Provided that where portions of any building together with the site and the land appurtenant thereto are vertically divisible and are separately owned so as to be entirely dependent and capable of separate enjoyment notwithstanding the fact that access to such separ
(1) The annual value of any land or building situated in any ward of the Corporation which has been determined before and in force on the date of commencement of this Act, shall remain in force and shall be deemed to be the annual value for the purpose of assessment of 9797. Words subs, for the words "consolidated rate" by W. B. Act 17 of 1995. [property tax] on such land or building under this Act, until a fresh annual valuation is enforced under this Act.
(2) The annual value and assessment under this Chapter,
(a) shall be made by the Commissioner or, if the State Government so directs, by the Central Valuation Board established under the West Bengal Central Valuation Board Act, 1978,
(b) shall hav
(1) The annual value of lands and buildings as determined under this Act shall be entered in the Municipal Assessment Book.
(2) The Municipal Assessment Book shall be maintained in such form and in such manner as may be prescribed.
(3) The Municipal Assessment Book duly authenticated in the manner prescribed shall be kept in the office of the Corporation and shall be open for inspection free of charge and extracts therefrom shall be made available on payment of such fee as may be prescribed.
(4) The Municipal Assessment Book may be printed and published for every ward of the Corporation and made available for sale to the public in such form and in such ma
Sec. 93 subs. by W. B. Act 17 of 1995, which was earlier as under : "93. Objection against valuation or assessment. Any person, who is dissatisfied with a valuation or assessment made under this Chapter, may file an objection to such valuation or assessment in such manner as may be prescribed and before such authority as may be appointed by the Mayor-in-Council in this behalf.".
(1) Any person who is dissatisified with the assessment as appearing in the assessment list referred to in section 92 may prefer an application for review before the Corporation within a period of one month from the date of publication of such assessment list or service of written notice, as the case may be.
(2) No such application for review shall be entertained unless the amount of property tax on the previous val
Notwithstanding anything contained in this Chpater, the Mayor-in-Council may cause revaluation of lands and buildings or valuation of new buildings in any ward of the Croporation during the period the annual valuation remains in force in such ward.
Secs. 94A and 94B ins. by W. B. Act 29 of 1990. On a written request by the Commissioner, the Registrar of the district of Howrah, appointed as such by the State Government under section 6 of the Registration Act, 1908, shall furnish such particulars regarding transfer of immovable properties in Howrah as the Commissioner may, from time to time, require.
Secs. 94A and 94B ins. by W. B. Act 29 of 1990. Notwithstanding anything contained in this Chapter, the Mayor-in-Council may, at any time, amend the Municipal Assessment Book in the following manner:
(a) by inserting therein the name of any person whose name ought to be inserted; or
(b) by deleting the name of the person whose name has been inserted erroneously or otherwise; or
(c) by inserting therein the particulars of any land or building previously omitted together with the details of valuation and assessment thereof; or
(d) by striking out the name of any person not liable for the payment of 22. Words sub
Words subs, for the words "consolidated rate" by W.B. Act 17 of 1995.
(1) The 33. Words subs, for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on lands and buildings shall be primarily leviable,
(a) if the land or building is let, upon the lessor;
(b) if the land or building is sublet, upon the superior lessor;
(c) if the land or building is unlet, upon the person in whom the right to let such land or building vests;
44. Clause (d) ins. by W. B. Act 29 of 1990. (d) if the holding comes within the purview of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981, upon the thika tenant or the tenant, as the case may be.
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Words subs, for the words "consolidated rate" by W.B. Act 17 of 1995.
(1) If the annual value of any land or building exceeds the amount of rent of such land or building payable to the person upon whom the 33. Words subs, for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on such land or building is leviable under section 95, such person shall be entitled to receive from his tenant the difference between the amount of the 33. Words subs, for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on such land or building and the amount which would be leviable if the 33. Words subs, for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on such land or building were calculated on the basis of the rent payable to him.
(2) If the annual valu
Words subs, for the words "consolidated rate" by W.B. Act 17 of 1995.
(1) On the failure to recover any sum due on account of 33. Words subs, for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on any
(2) An occupier, from whom any sum is recovered under sub-section (1), shall be entitled to be reimbursed by the person primarily liable for the payment of such sum, and may, in addition to having recourse to other remedies that may be open to him, deduct the amount so recovered from the amount of any rent becoming due from time to time from him to such person.
Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. Save as otherwise provided in this Act, the 4a4a. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on any land or building under this Chapter shall be paid by the person liable for the payment thereof in quarterly instalments.
Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995.
(1) Notwithstanding anything con-tained elsewhere in this Act, the 4a4a. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on lands and buildings in a bustee shall, after deducting therefrom a sum equal to one-eighth of such rate, be paid by the owner of the land in the bustee.
(2) Whenever a 4a4a. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on land and building in a bustee is leviable, the owner of the land in such bustee may recover from the owner of each hut standing thereon
(i) half of the 4a4a. Words subs. for the words "consolidated rate" by W.B. Act
If any surcharge is levied on the 4a4a. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on any land or building under sub-section (2) of section 88, the person liable to pay such surcharge, may recover the same frum the occupier of such land or building who uses it for non-residential purpose :
Provided that if there is more than one such occupier, the amount of surcharge may be rateably apportioned among them by such person for the purpose of recovery under this section.
Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995.
(1) When a person liable for the payment of the 4a4a. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] [property tax] defaults to pay the sum due within the prescribed period, a sum not exceeding twenty-five per cent. of the amount of the [property tax] or the surcharge, as may be, determined by the Corporation by regulations, may be recovered from him by way of penalty, in addition to the amount of the [property tax] or the surcharge payable by him.
(2) The amount due as penalty under sub-section (1) shall be recoverable as an arrear of tax under this Act.
Sec. 102. first subs, by W.B. Act 10 of 1992, then sees. 102, 102A and 102B subs, for sec. 102 by W.B. Act 11 of 1999, and finally sec. 102 again subs., secs. 102A and 102B om., by W.B. Act 5 of 2000. Previous secs. 102 and 102A was as under: "102. Tax on professions, trades and calling. Every person engaged or intending to be engaged in any profession, trade or calling in Howrah. as specified in Schedule III, either by himself or by an agent or representative, shall be liable to pay tax annually to the Corporation at the rate mentioned in the said Schedule: Provided that the payment of such tax shall not absolve such person from any liability to take out any licence under this Act or any other law for the time being in force. 102A. Enlistment for payment of tax on profession, trade and calling. (1) Every person liable to pay tax under section 102 shall obtain a certificate of enlistment from the Commissioner or, in his absen
(1) Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post, kiosk or structure on, upon, or in any vehicle any advertisement, or who displays any advertisement to public view in any manner whatsoever visible from a public street or other public place, shall pay for every advertisement which is so erected, exhibited, fixed, retained or displayed to public views, a tax at such rate not exceeding the rate mentioned in Schedule IV, as may be determined by the Corporation,
(2) When any person pays any tax for any advertisement under subsection (1), the Commissioner shall grant him a licence in respect of such advertisement specifying the period for which it is valid.
(3) The Corporation may b
No advertisement for which tax is payable under section 103 shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure or shall be displayed to public view in any manner whatsoever in any place undless the tax is paid.
Where any advertisement has been erected, fixed or retained upon or over any land, building, wall, hording or structure or within a public street or a public place in contravention of the provisions of this Act or any rules or regulations made thereunder, it shall be presumed that the contravention has been committed by the person or persons or their agents on whose behalf the advertisement purports to be so erected, exhibited, fixed or retained.
If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or any rules or regulations made thereunder, the Commissioner may require the owner or the occupier of the land, building, wall, hoarding or structure upon or over which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any building, land or property and have the advertisement dismantled, taken down or removed or spoiled, effaced or screened.
The provisions of section 103 to 106 shall not apply to any advertisement which
(a) relates to a public meeting or an election to the Parliament or the State Legislature or the Corporation or any condidature in respect of such election; or
(b) is exhibited within the window of any building if the advertisement relates to any trade, profession or business carried on in such building; or
(c) relates to any trade, profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale entertainment or meeting to be held on or upon or in such land or building; or
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A tax shall be imposed by the Corporation on all carriages and animals kept in Howrah, except
(a) carriage kept for sale by bona fide dealers in such carriages and not used for any other purpose;
(b) carriages and animals maintained by any authority for the purpose of a fire brigade;
(c) carriages and animals belonging to Government and maintained for police or military purposes; and
(d) such other classes of carriages and animals as may be prescribed.
Explanation I. The expression "carriages" includes hackney-carriage
The rate of tax on carriages and animals shall be such as may be determined by regulations and different rates may be fixed for different classes of carriages or animals ;
Provided that the rate of such tax shall not exceed one hundred rupees annually in the case of a carriage or an animal.
The tax on carriages and animals shall be leviable upon the owners or the persons having possession or control of the carriages or the animals :
Provided that in the case of an animal generally used or employed in drawing any carriage, the tax in respect of such animal shall be leviable upon the owner or the person having possession or control of such carriage, whether or not such animal is owner by such owner or such person.
(1) When the owner or the person having possession or control of any carriage or animal pays to the Corporation the tax payable by him under this Act, the Commissioner shall grant him licence.
(2) The Commissioner may raquire the owner or the person having possession or control of any carriage or animal or the occupier of any land or building on or in which any animal is kept to furnish such statement in relation to such carriage or animal as may be prescribed.
(3) The Commissioner may, by a written notice, require any person who carries on trade or business of a livery stable-keeper to produce for inspection all books and accounts relating to such trade or business.
The Mayor-in-Council may compound, for any period not exceeding one year at a time, with any livery stable-keeper or other person keeping vehicles for hire or animals for sale or hire, for a lump sum to be paid by such livery stable-keeper or other person in respect of the vehicles or animals so kept in lieu of the taxes which such livery stable-keeper or other person would otherwise be liable to pay under this Act.
The Corporation may by regulations determine the manner of imposition, payment, refund and remission of tax on carriages and animls, the time for payment of such tax and the conditions under which a licence may be granted.
The Corproation may, with the sanction of the State Government
(i) establish a toll-bar on any public street (except a kutcha road), whether situated in or without Howrah, vested in the Corporation and constructed or reconstructed by or on behalf of the Corporation; and
(ii) levy tolls at such toll-bar on persons, vehicles and animals passing over such street:
Provided that no toll-bar shall be established or tolls levied otherwise than for the purpose of recovering
(a) the expenses incurred by the Corporation in constructing or reconstructing such street,
(b) interest on such expenses,
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Save as otherwise provided in this Act, any tax levied under this Act may be recovered in accordance with the following procedure and in such manner as may be prescribed
(a) by presenting a bill, or
(b) by serving a notice of demand, or
(c) by distraint and sale of a defaulter's movable property, or
(d) by the attachment and sale of a defaulter's immovable property, or
(e) in the case of 88. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on lands and buildings, by the attachment of
(1) Save as otherwise provided in this Act, any tax levied under this Act shall be payable on such dates, in such number of instalments and in such manner as may be prescribed.
(2) If any amount due is paid on or before the date determined under sub-section (1), a rebate of five per cent. of such amount shall be allowed.
(1) When any tax has become due, the Commissioner shall cause to be presented to the person liable for the payment thereof a bill for the amount due : Provided that no such bill shall be necessary in the case of
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(b) a tax on advertisements;
(c)a toll.
Explanation. A bill shall be deemed to be presented under this section if it is sent by post under certificate of posting to the person liable for payment of the amount included in the bill, and in such case, the date borne on such certificate of posting shall be deemed to be the date of presentation of the bill to such person.
(1) Save as otherwise provided in this Act, if the amount of the tax for which a bill has been presented under section 117, is not paid within thirty days from the presentation thereof or if the tax on professions, trades and callings or the tax on advertisements is not paid after it has become due, the Commissioner may cause to be served upon the person liable for the payment of the same notice of demand in such form as may be specified by the Corporation by regulations.
(2) For every notice of demand which the Commissioner causes to be served on any person under this section, a fee of such amount, not . exceeding twenty-five rupees, as the Corporation may determine by regulations shall be payable by the said person and shall be included in the cost of recovery.
(1) If the person liable for the payment of any tax does not, within thirty days of the service of the notice of demand under section 118, pay the sum due and if no appeal is preferred against such tax, he shall be deemed to be in default.
(2) When the person liable for the payment of any tax is deemed to be in default under sub-section (1), such sum, not exceeding fifteen per cent. of the amount of tax, as may be determined by the Corporation by regulations, may be recovered from him by way of penalty, in addition to the amount of the tax, the notice fee payable under sub-section (2) of section 118, and simple interest in accordance with sub-section (3).
(3) Simple interest at such rate as may be determined by that Stae Government from time to
(1) If any person liable for payment of tax does not, within thirty days after the expiry of thirty days referred to in subsection (1) of section 119, pay the amount due, such sum together with all costs, interest due and penalty may be recovered under a warrant, issued in such form as may be specified by the Corporation by regulations, by distress and sale fo the movable property or the attachment and sale of the immovable property of the defaulter :
Provided that the Commissioner shall not recover any sum the liability of which has been remitted on appeal under the provisions of this Act.
(2) Every warrant issued under this section shall be signed by the Commissioner or any other officer authorised by him in this behalf.
(1) It shall be lawful for any officer or other employee of the Corporation to whom a warrant issued under this Chapter is addressed to distrain, wherever it may be found in any place in Howrah, any movable property belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely :
(a) the following property shall not be distrained :
(i) the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils;
(ii) tools of artisans;
(iii) books of accounts;
(b) the distress shall not be excessive, that is t
(1) When the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Commissioner shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and he shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.
(2) If the warrant is not in the meantime suspended by the Commissioner or discharged, the property seized shall, after the expiry of the period mentioned in the notice served under sub-section (2) of section 121, be sold by public auction by order of the Commissioner.
(3) When a warrant is issued for the attachmen
(1) If the Commissioner has reason to believe that any person from whom any sum is due or is about to become due on account of any tax is about to move from Howrah, he may direct the immediate payment by such person of the sum so due or about to become due and to cause a notice of demand for the same to be served on such person.
(2) If, on the service of such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress or attachment and sale in the manner hereinbefore provided, and the warrant of distress or attahcment and sale may be issued and executed without any delay.
After a defaulter has been proceeded against unsuccessfully under the foregoing provisions of this Chapter or with partial success, any sum due or the balance of any sum due may be recovered by the Commissioner by certificate under the Bengal Public Demands Recovery Act, 1913, together with interest and cost of recovery.
No distress under this Act shall be sdeemed to be unlawful nor shall any person making the same be deemed to be a trespasser on account of
(a) any defect or want of form in the notice, summons, notice of demand, warrant of distress, inventory or other proceeding relating thereto, or
(b) any irregularity committed by such person:
Provided that any person aggrieved by such defect or irregularity may, by order of a court of competent jurisdiction, recover the full satisfaction of any special damage sustained by him.
Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995.
(1) For the purposes of recovery of any 1010. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] from any occupier under section 97, the Commissioner shall cause to be served on such occupier a notice requiring him to pay to the Corporation any rent due or falling due from him in respect of the land or building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section.
(2) Such notice shall operate as an attachment of such rent unless the portion of the sum due shall have been paid and satisfied, and the occupier shall be entitled to credit in account with the person to whom such rent is due for any sum paid by him to the Corporation in pu
Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995.
(1) If any money is due under this Act from the owner of any land or premises on account of 1010. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on lands and buildings or any other tax, expenses on charges recoverable under this Act and if the owner of such land or premises is unknown or the ownership thereof is disputed, the Commissioner may publish twice, at an interval of not less than two months, a notification of such dues and of sale of such land or premises for realisation thereof and after the expiry of not less than one month from the date of last publication of such notification, unless the amount recoverable is paid, may sell such land or premises by public auction to the highest bidder, who shall deposit, at the time of sale, twnty-five per cent. of the purchase
(1) No assessment and no charge or demand of the 1111. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on lands and buildings or of any other tax made under this Act shall be called in question or shall in any way be affected by reason of
(a) any clerical or arithmetical mistake arising from any accidental slip or omission
(i) in the name, residence, place of business or occupation of any person liable to pay such tax, or
(ii) in the description of any property or thing liable to such tax,or
(iii) in the amount of assessment of such tax, or
(b)
&n
Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. Save as otherwise provided in this Act, the person primarily liable to pay the 1111. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] in respect of any land or building may recover
(a) if there be but one occupier of the land or building, from such occupier half of the rate so paid, and may, if there be more than one occupier, recover from each occupier half of such sum as bea s to the entire amount of rate so paid by the owner the same proportion as the value of the portion of the land or building in the occupation of such occupier bears to the entire value of such land or building :
Provided that if there be more than one occupier, such half
&n
If any person is primarily liable to pay any 1212. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on any land or building and is entitled to recover any sum from an occupier of such land or building, he shall have, for recovery thereof, the same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled to recover such sum.
Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. The 1212. Words subs. for the words "consolidated rate" by W.B. Act 17 of 1995. [property tax] on lands and buildings due from any person shall, subject to the prior payment of land revenue (if any) due to the Government thereupon, be a first charge upon the land or the building belonging to such person and upon the movable property (if any) found within or upon such land or building.
All public tanks, reservoirs, cisterns, wells, tube-wells, acqueducts, conduits, tunnels, pipes, taps and other water-works, whether made, laid or erected at the cost of the Municipal Fund or otherwise, and all bridges, buildings, engines, works, materials and things connected therewith or appertaining thereto, and also any adjacent land (not being private property appertaining to any public tank, which is situated in Howrah, shall vest in the Corporation:
Provided that the Corporation may, with the approval of the State Government, make over the water-works for development and maintenance to a separate and independent agency and it shall be lawful for such agency to construct or acquire new water-works.
(1) All rights over the sub-soil water resources in Howrah shall vest in the Corporation.
(2) No person shall sink a tubewell in Howrah except with the prior permission of the Commissioner.
(3) The Commissioner may grant such permission on such terms and conditions as may be determined by regulation.
(1) The Corporation shall, within the limits of its capacity, provide for the supply of
(a) filtered water in all parts of Howrah for domestic purposes, and
(b) unfiltered water for the purpose of street-watering, flushing of municipal drains, public privies and urinals, gully pits and extinguishing fire.
(2) Notwithstanding the provisions of sub-section (1), the Corporation may supply filtered water and unfiltered water for any other purpose on such terms and conditions as may be provided by regulation made by it in this behalf.
Subject to such conditions as the Corporation may from time to time impose, the Commissioner may allow any person owning or occupying any premises to lay down service-pipes from the mains of the Corporation for the purpose of bringing into the premises a supply of filtered and unfiltered water for use therein under the provisions of this Act or the regulations made thereunder.
All private connections to premises from the mains of the Corporation for the supply of water therein and all pipes, taps and other fittings used for such supply shall be made, maintained and regulated in accordance with such regulations as may be made in this behalf.
No owner or occupier of any premises shall suffer water to be wasted. The Corporation may establish block meter for any area or cause meters to be attached to premises for recording the supply of filtered water for regulation of consumption of water and prevention of wastage of water in such manner and may impose fees at such rates for consumption beyond such limit, as may be determined by regulations.
The Corporation may erect bathing platforms, urinals, latrines and public stand posts to be maintained in such manner as may be determined, and may levy such user fees for realisation of cost of maintenance thereof as may be specified, by regulations.
Sec. 139A ins. by W.B. Act 11 of 1999.
(1) Notwithstanding anything contained in this chapter or elsewhere in this Act, the Mayor-in-Council may cut off the connection of water supply to any premises, or may turn off such supply, if
(a) the premises is unoccupied or prohibited for human habitation; or
(b) any taxes or rates or charges in respect of the premises, are in arrear for payment for more than one year; or
(c) after receipt of a written notice from the Commissioner requiring him to refrain from so doing, the owner or the occupier of the premises continues to use the water, or permits the water to be used, in contravention of the provisions of this Act or the rules or the regulations made there
(1) All public drains, and all drains in, alongside or under any public street, whether made at the charge of the Municipal Fund or otherwise, and all work, materials and things appertaining thereto, which are situate at Howrah, shall vest in the Corporation:
Provided that the Corporation may, with the approval of the State Government, make over the trunk-sewers, sewage treatment plants, pumping stations and other utilities to a separate and independent agency for maintenance and development and it shall be lawful for such agency to construct new trunk-sewers, sewage treatment plants, pumping stations or other utilities.
(2) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain so much of the sub-soil app
All drains and ventilation-shaft, pipes and other appliances and fittings connected with drainage works constructed, erected or set up at the charge of the Municipal Fund in or upon premises not belonging to the Corporation whether for the use of the owner or the occupier of such premises or not shall, unless the Corporation otherwise determines, vest and be deemed always to have vested in the Corporation.
(1) Without the written permission of the Commissioner granted in accordance with such regulations as may be made by the Corporation in this behalf
(a) no private street shall be constructed over any municipal drain, or
(b) no wall or other structure shall be newly erected, over any municipal drain, or
(c) no wall, fence or structure shall be erected on the bed, bank or embankment or any municipal sewage or storm-water channel, nor any portion thereof shall be interfered with, encroached upon, altered or occupied for fishery, agriculture or any other purpose.
(2) If any private street is constructed, or any wall or other structure is erected over any munic
The owner or the occupier of any premises shall be entitled to cause his house-drain to empty into a municipal drain,
provided that, before so doing, he obtains the written permission of the Commissioner and complies with such conditions as the Commissioner may determine as to the mode in which, and the superintendence under which, communications between house-drains and municipal drains are to be made.
(1) No person shall, without complying with the provisions of section 143, make or cause to be made, any connection of a house-drain with a municipal drain.
(2) The Commissioner may in accordance with such regulations as may be made by the Corporation in this behalf close, demolish, alter or remake any connection made in contravention of sub-section (1); and the expenses incurred in so doing shall be paid by the owner or the occupier of the premises for the benefit of which such connection was made or by the person who made or caused to be made such connection.
Where any premises is in the opinion of the Commissioner without sufficient means of effective drainage, the Commissioner may by written notice require the owner of the premises to construct a house-drain up to a point to be specified in the notice or to construct a closed cesspool and drains emptying into such cesspool in such manner as may be determined by regulation.
The Corporation may, if it considers necessary, make regulations for grouping or combination of house-drains for economic or operational advantages and for enforcement of drainage of undrained premises and for any other matters in connection with drainage.
Subject to the approval of the State Government, the Corporation may, if necessary, make the municipal drains communicate with, or empty into, any public drain, lake, canal or water course outside Howrah and may, in doing so, exercise throughout the line outside Howrah along which the municipal drains are to run all the powers exercisable by it under this Act if the said municipal drains were to run entirely in Howrah.
(1) No person shall throw, empty or otherwise discharge into any water source, channel or municipal drain within or outside Howrah any matter, refuse, trade effluent or waste so as to cause pollution, health hazard or nuisance prejudicial to environment.
(2) Subject to the provisions of any other law for the time being in force, the Corporation may by regulation provide for treatment standard to be maintained before discharge of any industrial waste or foul water or refuse into any river, water source, channel or municipal drainage and sewerage system.
If it appears to the Mayor-in-Council that it is necessary to place or carry any pipe or drain over, under or across the immovable property of any person to maintain the only or the most convenient municipal water-supply to, and drainage of, any premises, the Mayor-in-Council may, after giving the owner of the immovable property an opportunity of being heard, authorise the owner or occupier of the premises to place or carry such pipe or drain over, under or across such immovable property in such manner as it may think fit to allow.
The Corporation may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under or across any immovable property within or without the local limits of the Corporation without acquiring such property and may enter on any property for such purposes :
Provided that the Corporation shall not acquire any right other than the right of user in the property over, under or across which any aqueducts, conduits, lines of mains, pipes or drains are placed.
The Commissioner shall cause to be maintained complete survey maps, drawings and descriptions of all underground utilities in Howrah including water-supply mains, supply pipes, sewers and connections thereto in such form and in such manner as may be prescribed and shall ensure the secrecy of the same in conformity with the provisions of the Official Secrets, Act, 1923.
The Corporation shall
(a) provide and maintain, in proper and convenient situations, water closets and urinals for the use of the public, and
(b) cause such water closets and urinals to be constructed and kept so as not to be a public nuisance or injurious to public health.
(1) The Corporation may grant license to a private individual or organisation for maintenance and regulation of use of public toilets and urinals constructed by it and no such terms and conditions as may be determined by regulations.
(2) Such licensee shall be entitled to recover from the users such fee for the use of the public toilets and urinals as may be determined by regulations.
(3) No person shall keep or maintain a toilet or urinal for public use without the specific permission of the Corporation and the Corporation may impose such conditions therefor as it may consider necessary.
Sec. 154 subs. by W.B. Act 11 of 1999, which was earlier as under: " 154. Conversion of service privies into sanitary toilets or septic tank latrines. (1) Whenever it appears necessary on sanitary or environmental grounds, the Mayor-in-Council may declare any ward or part of a ward of the Corporation as the area (i) where, if the area be one covered with sewerage system, all existing service privies shall be converted into sanitary toilets with necessary connection with the sewerage system, (ii) where, if the area is not one covered with sewerage system, all service privies shall be converted into septic tank latrines, within such period as may be fixed by the Mayor-in Council. (2) In any area in respect of which a declaration has been made under sub-section (1), the owners of the premises served by service privies shall cause such conversion under clause (i) or clause (ii), as the case may be, of sub-section (1), to be made
(1) There shall be provided in every new building at or in which not less than twenty labourers or workmen are likely to be employed such privy and urinal accommodation and such accommodation for bathing or washing of clothes and domestic utensils as the Corporation may decide.
(2) Where any premises at or in which not less than twenty labourers or workmen are employed are without privy, urinal, bathing or washing place accommodation or with inadequate accommodation, the Mayor-in-Council may by written notice require the owner, of such premises to provide such privy, urinal or bathing or washing place accommodation as it may determine.
Sec. 156 subs, by W.B. Act 11 of 1999, which was earlier as under: "156. Provisions for privy and urinal accommodation in premises where accommodation is not provided or is insufficient. If any premises intended for human habitation are without privy or urinal accommodation or the existing accommodation is, in the opinon of the Mayor-in-Council, insufficient, inefficient or for sanitary reasons objectionable, the Mayor-in-Council may, by a written notice, require the owner of such premises to (a) provide such privy or such additional privy or urinal accommodation as it may decide, or (b) make such structural or other alterations in the existing privy or urinal accommodation as it may decide, or (c) substitute, notwithstanding the provisions contained in section 154, any service privy or service urinal accommodation by connected privy or connected urinal accommodation where there is underground sewerage system, and by septic-t
(1) No person shall construct a cesspool
(a) beneath any part of any building or within fifteen metres of any tank, reservoir, water source or well; or
(b) upon any site or in any position in Howrah which has not been approved in writing by the Commissioner; or
(c) upon any site or in any position outside Howrah which has not been so approved and is situated within ninety metres of any reservoir used for storage of filtered water to be supplied to Howrah.
(2) The Commissioner may at any time by a written notice require the owner of the premises in which any cesspool has been constructed in contravention of the provisions of sub-section (1) to remove such c
All house-drains, within as well as without the premises to which they belong, and all cesspools, privies and urinals shall, as respects their site, construction, materials and dimension and arrangements for flushing the same, be under the survey and the control of the Corporation and subject to such regulations as the Corporation may make in this behalf.
(1)The Corporation may, from time to time, grant to any person it thinks fit, a licence to act as a plumber for the purposes of this Act.
(2) Every such licence shall be granted in such manner and in such form and on such terms and conditions as may be determined by the Corporation by regulations.
(1) If, in the opinion of the Mayor-in-Council, any pool, ditch, tank, well, pond, swamp, quarry, hole, drain, cesspool, watercourse, pit, cistern, desert or air-cooler, ground, or underground or overhead tank or any collection of water, or any land on which water may, at any time, accumulate, is or likely to become a breeding place of mosquitoes or, in any other respect, becomes a nuisance, the Mayor-in-Council may by notice require the owner or the person having control thereof to take all or any of the following actions:
(a) to clean, or drain-off or remove water therefrom, or to provide cover thereto; or
(b) to have any courtyard, lane, passage or open space paved with such material, and in such manner, as may be directed by the Mayor-in-Council, to keep such paving in proper repair or
(1) All public streets, squares, parks and gardens (not being the property of, and kept under the control of, Government or the Board of Trustees for the Improvement of Howrah) including the soil, sub-soil and the side-drains, footways, pavements, trees, stones and other materials, implements and other things provided for such streets and other public places, which are situated in Howrah, shall vest in the Corporation.
(2) Whenever the Corporation proposes to determine the name by which any public street or public place is to be known or to change the name of any public street or public place, it shall refer the proposal to an Advisory Committee constituted under sub-section (3) for its consideration.
(3) The State Government shall, by notificat
The Corporation shall cause all public streets vested in it under section 160 to be maintained by the Commissioner who shall for this purpose do all things necessary for the public safety and convenience including the construction and maintenance of the bridges, causeways and culverts.
The Corporation may lay out and make new public streets, construct bridges and sub-ways, classify public streets into different categories, turn or divert any existing public street, prescribe a regular line for streets or buildings on one or both sides of any public street and take steps in pursuance of a plan for improvement of streets and street alignments and may, by regulation, make provisions in this regard.
(1) No person shall except with the permission of the Commissioner [and on payment of such fees as may be determined by regulations,] cause any obstruction to or encroachment upon or projection over or otherwise occupy any portion of any public street or other public place.
(2) When any verandah, platform, building or other structure or any fixture attached to a building so as to form part of the building (whether erected before or after the commencement of this Act) causes a projection, encroachment or obstruction over or on any public street or other public place vested in the Corporation, the Commissioner, in accordance with such regulations as may be made by the Corporation, may, by a written notice, require the owner or the occupier of the building to remove or alter such verandah, platform, building or other structure or fixture.
The Commissioner may, without notice, cause to be removed
(a) any wall, fence, rail, post, step, booth or other structure or fixture which may be erected or set up in or upon any street, footpath or upon or over any open channel, drain, well or tank contrary to the provisions of this Act;
(b) any stall, chair, bench, box, ladder, bale, board or shelf, or any other thing whatsoever placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of the provisions of this Act;
(c) any article whatsoever hawked or exposed for sale in any public place or in any public street or footpath in contravention of the provisions of this Act and any vehicle, package, box, board,
(1) No person shall tether any animal or cause or permit any animal to be tethered or strayed in any public street or other public place.
(2) No person shall milk or cause or permit to be milked any cow or buffalo or other animal in any street or other public place.
(3) Notwithstanding anything contained in any other law for the time being in force, the Commissioner may cause to be removed or impounded any animal tethered or being milked or found straying in any street or other public place.
(1) If the Corporation considers it expedient to prescribe a regular line for streets or buildings on one or both sides of any public street or portion thereof, it shall give a public notice of its intention to do so.
(2) Every such notice shall specify the period within which objections will be received by the Corporation and a copy of the notice shall be sent by post to every owner of the premises abutting on such public street who is registered in respect of such premises in the books of the Corporation.
(3) The Corporation shall consider all objections received by it within the specified period and made an order specifying a building-line or a street- alignment or both for such public street. Every such order shall be published in the Offici
The Commissioner may authorise temporary construction on, or temporary closure of, any part of a public street on such occasions and on such conditions and for such period as the Corporation may provide by regulation made in this behalf.
Subject to the provisions of any other law for the time being in force, the State Government may, by rules, provide for-
(a) sanction by the Corporation of specific rights of way in the subsoil of public and private streets in Howrah for different public utilities including electric supply, telephone and other tele-communication facilities, gas pipes, water-supply, sewerage and drainage, pedestrian sub-ways, shopping plazas, warehousing facilities and the apparatus and appurtenances related thereto provided by the State Government, any statutory body or any licensee under any law;
(b) levy of any fee or charges permissible under law;
(c) furnishing to the Corporation of maps, drawings and statements
The Commissioner may, with the prior approval of the Mayor-in-Council, close any portion of a public street and declare it as a parking area and charge parking fees at different rates for different vehicles for different areas and for different periods in accordance with such regulation as may be made in this behalf.
(1) If the owner of any land utilizes, sells, leases or otherwise disposes of such land or any portion thereof as plots for the construction of buildings thereon, he shall lay down and make street or streets giving access to the plots into which the land may be divided and connecting such street or streets with any existing public strteet or private street.
(2) Before utilising, selling or otherwise disposing of any land under subsection (1), the owner thereof shall send to the Commissioner a written application with a lay-out plan of the land showing the following particulars :
(a) the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used;
No person shall make any new street without the prior approval of the Mayor-in-Council
(1) The Corporation shall
(a) take measures for lighting, in a suitable manner, the public streets, squares and gardens, municipal markets and all buildings vested in the Corporation;
(b) procure, erect and maintain such number of lamps, lamp-posts, other appurtenances as may be necessary for such lighting; and
(c) cause such lamps to be lighted by means of oil, gas, electricity or such other means as the Corporation may from time to time determine.
(2) The Corporation may itself or in conjunction with any firm or company and in accordance with such regulations as may be made by the Corporation, erect plants and machineries for the generation of power and
Chapter XIA with sec. 172A ins. by W.B. Act 17 of 1995. On the coming into force of the West Bengal Fire Services Act, 1950, in any area within the jurisdiction of the Corporation, the Corporation shall, in consultation with the Director of Fire Services or any officer authorised by him in this behalf by general or special order, require the owner or the occupier of all or any of the premises in such area to make, or to carry, such arrangements as may be necessary for fire prevention and fire safety in such area, and issue a fire safety certificate on such conditions as the State Government may prescribe from time to time.
Explanation. "Director of Fire Services" shall mean the Director of Fire Services referred to in clause (e) of section 2 of the West Bengal Fire Services Act, 1950.
1717. Chapter XIA with sec. 172A ins. by W.B. Act 17 of 1995. No person shall use any piece of land as a site for erection of a new building except in accordance with the provisions of this Act and of the rules and the regulations made under this Act in relation to such erection of building.
Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information or document as may be prescribed.
The Commissioner shall sanction the erection of building ordinarily within a period of sixty days unless any further information or document be called for or sanction be refused in the meantime on such grounds as may be prescribed :
Provided that a provisional sanction may be given for the erection of a building for the use of which a licence or permission is required from any department of Government or statutory body under any law for the time being in force in accordance with such procedure as may be prescribed :
Provided further that if it appears to be the Commissioner that the site of the proposed building is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of public street or extension, improvement, widening or alterati
Sec. 175A ins. by W.B. Act 2 of 1990.
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, with effect from the date of
(2) Any application for sanction of any plan to erect a building exceeding thirteen and a half metres in height, submitted by any person
(a) before the coming into force of the said Act and lying pending for such sanction on the date of coming into force of the said Act, or
(b) at any time during the said period, shall stand rejected forthwith.
(3) Any person, whose application for sanction of any pl
After a building plan is sanctioned the person who has given the notice shall commence work and complete the same within such period or extended period as may be prescribed.
(1) Where the erection of any building or the execution of any work in pursuance thereof has been commenced, or is being carried on, or has been completed without or contrary to the sanction or in contravention of any of the provisions of this Act or the rules and the regulations made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be stopped or demolished or such addition or alteration thereto be made as the Commissioner considers necessary, by the person at whose instance the erection or the work has been commenced, or is being carried on, or has been completed :
Provided that no order under this provision shall be made unless such person has been given a reasonable opportunity of being heard in accordance with such procedure
(1) Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being in force, any person, who, being responsible by himself or by any other person on his behalf, so constructs or attempts to so construct or conspires to so construct any building or additional floor or floors of any building in contravention of the provisions of this Act or the rules made thereunder as endangers or is likely to endanger human life, or any property of the Corporation whereupon the water-supply, drainage or sewerage or the road traffic is disrupted or is likely to be disrupted, or is likely to cause a fire hazard, shall be punishable with imprisonment of either description for a term which may extend to five years and also with fine which may extend to fifty thousand rupees.
Explanation. "Person" shall i
No new building or a part of a new building shall be occupied for use until and unless a certificate of completion of the building or a part of it has been submitted to the Corporation.
(1) No person shall without any written permission of the Commissioner change or allow the change of the use of any building for any purpose other than that specified in the sanction or convert or allow the conversion of a tenement under a particular occupancy or use group to be a tenement under another occupancy or use group.
(2) In case the Commissioner refuses to give such permission he shall give a reasonable opportunity of being heard to the person seeking permission.
(3) Any person aggrieved by an order of the Commissioner under subsection (2) may, within thirty days from the date of the order, prefer an appeal before the Municipal Building Tribunal.
(1) If it appears to the Commissioner at any time that any building is in a ruinous condition or is in any way dangerous, the Commissioner may by an order require the owner or the occupier of such building to demolish, secure or repair such building.
(2) If it appears to the Commissioner that the danger from such building is imminent, he may, before making the order as aforesaid, take such steps as may be necessary to prevent the danger.
(3) If the owner or the occupier of the building does not comply with the order under this section, the Commissioner shall take such step in relation to the building as may be necessary to prevent any cause of danger therefrom.
(1) The State Government shall appoint a Municipal Building Tribunal for Howrah to hear and decide appeals under this Chapter.
(2) The Tribunal shall consist of a Chairman and two Assessors.
(3) The Chairman shall be an officer of the West Bengal Higher Judicial Service having such experience as may be prescribed.
(4) One of the Assessors shall be appointed by the State Government and the other shall be appointed by the Corporation :
Provided that no Councillor, 2020. Word "Alderman" om. by W.B. Act 17 of 1995. * * * * or officer or employee of the Corporation sha
The Commissioner may, from time to time and in such manner as may be prescribed, grant licence to a person to act as a Licensed Building Architect or a Licensed Building Surveyor for the purpose of this Chapter.
The State Government may make rules for
(a) regulation or restriction of the use of site of the building,
(b) regulation of fire protection measures and structural and other safeties of the building,
(c) regulation of conveniences and amenities in the building including quality of materials, plumbing services, workmanship and the like,
(d) regulation of architectural designs of buildings, and
(e) regulation of building uses for the purpose of residence, hospitals, nursing homes, factories, warehouses, eating houses, the
Every owner or occupier of any heritage building declared as such by the Corporation shall maintain, preserve and conserve it and shall not change its use in contravention of the provisions of this Act or the rules or the regulations made thereunder for its maintenance, preservation or conservation.
Explanation I. The word "maintain", with its grammatical variations and cognate expressions, shall include fencing, covering, repairing, restoring or cleansing, or doing of any act which may be necessary for the purpose of preserving or conserving, of, or sercuring convenient access to, a heritage building.
Explanation II. "Owner" shall, notwithstanding anything contained elsewhere in this Act, include, for the purposes of this chapter,
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Chapter XIIA with sees. 183A to 183P ins. by W.B. Act 11 of 1999. Where the Corporation, on the recommendation of the Heritage Conservation Committee and also of the Mayor-in-Council, is of the opinion that any building in Howrah should be preserved and conserved for historical, architectural, environmental or ecological purpose it may declare such building as a heritage building :
Provided that during the period when any proposal for declaring a building as a heritage building is under consideration of the Heritage Conservation Committee or the Mayor-in-Council, no owner of such building, or no lessee or sub-lessee to whom such building has been leased out, shall transfer such building by way of sale, lease or mortgage without the prior approval of the Commissioner.
Chapter XIIA with sees. 183A to 183P ins. by W.B. Act 11 of 1999. The gradation of a heritage building according to its historical, architectural, environmental or ecological purpose shall be such as may be prescribed.
Chapter XIIA with sees. 183A to 183P ins. by W.B. Act 11 of 1999.
(1) The Mayor-in-Council shall constitute a Committee to be called the Heritage Conservation Committee with the Commissioner as its Chairman and an officer of the Corporation as its Convenor.
(2) The Committee shall have, in addition to the Chairman and the Convenor, seven other members of whom
(a) one shall be a nominee of the Calcutta Metropolitan Development Authority,
(b) one shall be the Director of the Department of Archaeology, Government of West Bengal, or his nominee,
(c) one shall be an eminent architect,
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Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999. The Heritage Conservation Committee shall have the power to function independently for the purpose of preservation, conservation and maintenance of heritage buildings in so far as such power does not offend any other provisions of this Act or the rules made thereunder relating to construction or use of building :
Provided that for erection or re-erection in a heritage building or part thereof, or for restoration of any heritage building to its old shape, design or beauty in the case of unlawful demolition, or for making any change of internal or external wall, structural pattern, floor, roof, interior or exterior architectural floor, facade or skyline, or for any other change, of a heritage building, the provisions of Chapter XII of this Act and the rules made thereunder shall apply mutatis mutandis.
Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999. Subject to the other provisions of this Act, the Corporation may acquire, purchase or take on lease any heritage building for the purpose of preservation and conservation thereof:
Provided that in the case of a heritage building declared as such for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979, the approval of the concerned department of the State Government shall be taken.
Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999. When the owner of any heritage building is not willing to preserve or conserve any heritage building, the Commissioner may, for the purpose of acquisition of such heritage building by agreement and on the recommendation of the Heritage Conservation Committee and with the approval of the Mayor-in-Coucnil, allow the transfer of right of development of such heritage building, which shall be heritable and transferable to the owner of such heritage building in such manner, and subject to such conditions, as may be prescribed.
Explanation I. "Development" shall have the same meaning as in clause (7) of section 2 of the West Bengal Town and Country (Planning and Development) Act, 1979.
Explanation II. "Right of development of such h
Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999. Subject to such rules or regulation as may be made under this Act, every person shall have the right of access to any heritage building acquired by the Corporation.
Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999. The Corporation shall have the right to allow the transfer of right of development to the lessee of a heritage building where the unexpired period of the term of lease is for 90 years, and to take the heritage building on sub-lease by agreement, if there is provision for such sub-lease in the deed executed between the owner and the lessee, provided that the question of payment of premium or rent in such case to the owner shall not, notwithstanding any agreement in this behalf, arise, and if the owner as confirming party to the agreement waives the right to receive any further payment of such premium or rent.
Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999. If the Corporation considers that it is necessary to acquire any building declared as a heritage building for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979, by agreement or under the Land Acquisition Act, 1894, permission of the concerned department of the State Government shall be taken before such acquisition.
Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999. If the owner of a heritage building enters into an agreement with the Corporation to maintain, preserve and conserve such heritage building properly at his own expenses, the Corporation may, in such case, exempt wholly or partly the owner of such heritage building from payment of rates or taxes or fees for supply of water or any other charge in respect of such heritage building.
Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999. ]
(1) The Commissioner may, pending acquisition of a heritage building by the Corporation under this Act and with the approval of the Mayor-in-Council, propose to the owner of such heritage building to enter into an agreement with the Corporation for a specified period for the maintenance of such heritage building.
(2) The agreement as aforesaid may provide for all or any of the following matters :
(a) maintenance of the heritage building by the owner or by any other person willing to maintain the said heritage building;
(b) custody of the heritage building and the duties of the person who
Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999.
(1) The Commissioner may receive voluntary contributions towards the cost of maintaining any heritage building and may give order as to the management and application of such contributions for the purpose of preservation and conservation of such heritage building.
(2) Subject to the approval of the Mayor-in-Council, the Commissioner may enter into any agreement with any person or voluntary organisation or company, whether incorporated or not, willing to preserve and conserve any heritage building on such terms and conditions as the Commissioner may determine.
Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999.
(1) If the Commissioner, on receipt of any information, is satisfied that the owner of a heritage building fails to preserve or conserve the heritage building, the Commissioner may, when the heritage building is vacant and after hearing the owner, by order in writing, take over the management and control of such heritage building for the purpose of preservation and conservation thereof, suspending the right of the owner to transfer such heritage building for a maximum period of five years, subject to acquisition either by agreement or under the provisions of the Land Acquisition Act, 1894.
(2) The Commissioner shall thereafter notify the heritage building for letting it out by agreement to any person as. tenant for the purpos
Chapter XIIA with secs. 183A to 183P ins. by W.B. Act 11 of 1999. If the Corporation decides that any heritage building has ceased to be of public interest or has lost its importance for any reason whatsoever, it may, with the approval of the State Government, declare that such heritage building has ceased to be a heritage building for the purposes of this Act.
(1) Any person who destroys, removes, alters, defaces or misuses any heritage building or does any act, or abets in the commission thereof, in contravention of any provision of this chapter or the rules or the regulations made thereunder, shall be punishable with rigorous imprisonment for a term which any extend to three years and also with fine which may extend to fifty thousand rupees and, in default, with further rigorous imprisonment for six months.
(2) Any court convicting any person under this section shall, by order, direct such person to restore the heritage building to tis fromer shape and beauty at his cost, and any failure to comply with such order shall be deemed to be a continuing offence and such person shall be punishable with an additional fine of rupees two hundred and fifty for every day during which such contraventio
The Corporation may define the external limits of any bustee and may from time to time alter such limits.
(1) The Corporation may, with the approval of the State Government, prepare and execute improvement scheme for the purpose of effecting environmental or general improvement of bustees. Such scheme may provide for water-supply, sanitation, pathways, lighting and the like.
(2) Notwithstanding anything contained hereinbefore the Commissioner may, for reasons of environmental sanitation, cause the following works to be executed in any bustee :
(a) Sinking of tubewells inside a bustee including laying of water-pipe lines, installation of overhead reservoirs and other appurtenances necessary to maintain flushing for privies and sewers.
(b) Laying of drains and diversion of existing drains.
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(1) If, at any time, it becomes necessary to acquire the right of user in any land in or around any bustee for the purpose of effecting improvement, the Corporation shall follow such procedure as may be prescribed:
Provided that the compensation payable to any person whose right of enjoyment in such land has been prejudicially effected by such acquisition shall be calculated at ten per cent, of the market value of such land on the date the Corporation declares its intention to acquire such right.
Subject to the provisions of the Calcutta Thika Tenancy Act, 1949, the Corporation may sanction building plans submitted by a thika tenant for the purpose of permanent construction in the nature of renovations, additions and alterations to and conversion of the existing huts into pucca structures and also for construction of new structures under such building regulation and upon payment of such fees as may be determined by the Corporation by regulation :
Provided that a lay-out plan of a bustee or such substantial unfragmented portion thereof as is in actual occupation of the thika tenant or a group of thika tenants occupying contiguous parcels of lands in terms of leave and licence granted by the landlord has been prepared and submitted to the Corporation to indicate the existing arrangements of huts, streets, pathways, drains and other common facilities along with the proposed a
(1) For the purpose of securing efficient scavenging and cleansing of all streets, public places and premises in Howrah, the Corporation shall undertake the function of collection, removal and disposal of soild wastes.
(2) All matters deposited in public receptacles, depots and places provided or appointed by the Corporation for collection of solid wastes shall be the property of the Corporation.
(3) The Corporation may, by regulation, specify the duties of the owners or occupiers of the premises in the matter of collection of solid wastes and different provisions may be made for premises in different types of occupational uses.
(4) The Corporation shall
If, for any reason, any building or portion of a bulling, intended for, or used as, dwelling place appears to the Commissioner to be unfit for human habitation, he may, if he considers that the building or the portion thereof can be altered to make it fit for human habitation, by an order in writing require the owner of such building to make such alterations in the building or the portion thereof as he thinks necessary within a period specified in the order, where the Commissioner considers that the building or the portion thereof cannot be so altered as to make it fit for human habitation or where the building or the portion thereof is not so altered as required by the Commissioner, the Commissioner shall take such steps as may be necessary to enforce such order.
(1) No person shall, without the previous permission of the Commissioner, 22[and subject to the payment of such fees as may be determined by regulations, establish] or materially alter, enlarge or extend the use of any premises as a warehouse or godown or for running a goods transport business either by his own carriers or by arrangement with the owners of such carriers.
(2) The Commissioner may refuse to give such permission or impose such condition as it thinks fit, if in his opinion such use would be objectionable due to traffic constraints in the vicinity of such premises or inadequacy of space for parking of vehicles or loading or unloading of goods; or would constitute a fire hazard or other nuisance.
(1) No person shall, without the previous written permission of the Commissioner 23[and subject to the payment of such fees as may be determined by regulations], establish in any premises, or materially alter, enlarge or extend, any factory or workshop or work-place in which it is intended to employ steam, electricity, water or other mechanical power.
(2) The Commissioner may, in accordance with such regulations as may be made by the Corporation, refuse to give permission under sub-section (1) if he is of opinion that the establishment, alteration, enlargement or extension of such factory, workshop or work-place in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof or would be nuisance to the inhabitants of the neighbourhood.
(1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any eating-house, tea-shop, hotel, boarding house, bakery, aerated water factory, ice factory or other ploace where food is sold or prepared for sale.
(2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered by it are not kept in conformity with the terms of such licence or the provisions of any rules and regulations, relating to such premises, whether the licence is prosecuted under this Act or not.
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep open any theatre, circus, cinema-house, dancing hall or other similar place of public resort, recreation or amusement : Provided that this section shall not apply to private performances in any such place.
If the Commissioner is of opinion that any eating house, tea-shop, hotel, boarding house, bakery, aerated water factory, ice factory or other place where food is sold or prepared for sale or any theatre, circus, cinema-house, dancing hall or similar other place of public resort, recreation or amusement as the case may be, is kept open without or otherwise than in conformity with the terms of a licence granted under section 193 he may by an order in writing stop the use of any such premises for any such purpose for such period as may be specified in the order after recording reasons or such opinion :
Provided that no such order shall be made until the licensee or other person keeping the premises so open has been given an opportunity of being heard.
No person shall use any land or premises for keeping horse, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof without or otherwise than in conformity with the terms of a licence granted by the Commissioner on payment of such fees as may be determined by the Corporation by regulations :
Provided that the fees shall not exceed,
(a) in the case of any race horse, four hundred rupees annually;
(b) in the case of any animal, other than a race horse, or bird, one hundred rupees annually.
Secs. 194A to 194E ins. by W.B. Act 29 of 1990.
(1) If any horse, cattle or other four-footed animal or bird is kept on any land or premises in contravention of the provision of section 194A or is found roaming or tethered on any street or public place or on any land belonging to the Corporation, the Commissioner or any employee of the Corporation authorised by him in this behalf may seize such horse, cattle or four-footed animal or bird and cause it to be impounded or removed to, or maintained in, such place as may be appointed by the State Government or the Corporation for this purpose; and the cost of such seizure and impounding or removing and maintenance as aforesaid shall be recoverable by sale of such horse, cattle or four-tooed animal or bird by auction :
Provided that any person c
Secs. 194A to 194E ins. by W.B. Act 29 of 1990. The Corporation may, by regulations made in this behalf,
(a) require the registration to be done of all dogs kept within Howrah;
(b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the Commissioner, and fix the fee payable for the issue thereof;
(c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and
(d) fix the fee which shall be charged for such detention, and provide that any
Secs. 194A to 194E ins. by W.B. Act 29 of 1990. The Commissioner may
(a) cause to be destroyed, or confined for such period as he may direct, any dog or other animal which is, or is suspected to be, suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies;
(b) by public notice direct that after such date as may be speifcied in the notice, any dog which is without a collar or without any mark distinguishing it as a private property and is found straying on the street or beyond the enclosure of the house of its own, if any, may be destroyed or caused to be destroyed accordingly.
Secs. 194A to 194E ins. by W.B. Act 29 of 1990.
(1) Whenever the Commissioner is of opinion that the user of any premises for keeping any animal or bird therein is causing a nuisance and that such nuisance should immediately be stopped, the Commissioner may, by order, require the owner or the occupier of such premises to stop such nuisance within such period as may be specified in the order.
(2) If, at the end of such period, the nuisance is not stopped, the Commissioner or any other officer authorised by him in this behalf may cause such use of such premises to be stopped forthwith by posting police pickets or by such other means as he thinks fit at the cost of such owner or occupier.
(3) If such ow
(1) The Corporation may own, purchase or take on lease any land or building for the purpose of establishing municipal market or slaughter-house or stock-yard or improving any existing municipal market, slaughter-house or stock-yard and make provision for their maintenance.
(2) The Corporation may after giving general notice close any municipal market or slaughter-house or stock-yard or any portion therof and the premises occupied for any municipal market, slaughter-house or stock-yard or any portion thereof so closed shall be vacated by the occupants in accordance with such notice.
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep open any privale market or wilfully or negligently permit any place to be used as a private market or use any place as a slaughter-house or stock-yard or for the slaughtering of any animal intended for human consumption.
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf,
(a) carry on within Howrah or at any municipal salughter-house without Howrah the trade or business of a butcher, or
(b) sell or expose or hawk about for sale any animal or any meat or fish intended for human consumption in any place other than a municipal market or a private market.
The Commissioner may, subject, to the other terms and conditions as may be fixed,
(a) charge such stallage, rent or fee as may, from time to time, be fixed by the Corporation in this behalf for the occupation or use of any stall, shop, stand, shed, pen or space in a municipal market or municipal slaughter-house;
(b) farm the stallage, rent or fee chargeable as aforesaid or any portion thereof for such period as he may think fit, and
(c) put up to public auction, or dispose of by private sale, the privilege of occupying or using any shop, stall, stand, shed, pen or space in a municipal market or municipal slaughter-house on such terms and conditions as he may think fit.
The Commissioner may, from time to time, subject to such directions as he may receive from the Mayor-in-Council on the advice of the State Government, open depots or shops for trading any essential commodities.
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf,
(a) hawk or expose for sale in any place any article whatsoever whether it be for human consumption or not; or
(b) use in any place his skill in any handicraft or render services to the public for their convenience for the purpose of gain or making a living.
No person shall, otherwise than in conformity with a licence from the Commissioner and other provisions as may be made by regulation by the Corporation in this behalf, carry on a trade of a butcher, fish monger, poulterer or importer of flesh intended for human food or use of any place for the sale of flesh, fish or poultry intended for human food. Food and drugs
No person shall directly or indirectly, himself or by any other person on his behalf, sell, expose or hawk about for sale or manufacture or store for the preparation of any food or drug or for sale any food or drug which is adulterated or misbranded.
Every manufactory of mustard oil, edible oil or edible fat or ghee or butter within Howrah shall be regis- tered by the owner or the person in charge thereof in the office of the Corporation in such manner as the Corporation may from time to time direct.
No person shall keep in any shop or place in which milk is stored or in any manufactory, shop or place, in which butter, ghee or any other milk product or wheat, flour, mustard oil, tea, edible oil, edible fat, sugar or gur is manufactured or stored, any substance intended to be used for the purpose of adulteration.
(1) Every place used for the manufacture, preparation, storage or packing for sale of any article of food or drug shall be open at all time for inspection by the officers of the Corporation authorised in this behalf by the Commissioner and such officers shall have the right to enter into such places for such inspection at all time.
(2) In every place used for manufacture, preparation, storage or packing for sale of any article of food or drug, such article of food or drug or any receptacle and meterial used for such manufacture, preparation, storage or packing shall be protected from dust, flies and other insects by such measures as may be specified by the Corporation in this behalf.
(1)No person shall keep any shop or place for retail sale of drugs not being articles of ordinary domestic consumption without or otherwise than in conformity with the terms of a licence granted by the Commissioner.
(2) Every person to whom a licence is granted under sub-section (1) in respect of any shop or place shall display it in some conspicuous part of such shop or place.
If any manufactory or place of storage or sale of any article of food is kept in contravention of the provisions of this Chapter the Commissioner may cause the same to be closed.
It shall be the duty of the Corporation to take such measures as are necessary for preventing or checking the spread of any dangerous disease in Howrah or of any epidemic disease among any animals therein.
Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon, any person whom he knows or has reasons to believe to be suffering from a dangerous disease, shall forthwith give information respecting the existence of such disease to the Commissioner.
The Commissioner or any person authorised by him in this behalf may, at any time by day or by night without notice or after giving such notice as may in the circumstances appear to him to be reasonable, inspect any place in which any dangerous disease is reported or suspected to exist and take such measures as he may think fit to prevent the spread of such disease beyond such place and shall forthwith submit a report to the State Government.
If the Commissioner or any person authorised by him in this behalf is of opinion that the cleaning or disinfecting of any building or any part of a building or any article therein which is likely to retain infection or of any tank, pool or well adjacent to a building is likely to prevent or check the spread of any dangerous disease, he may cleanse or disinfect such building or any part thereof, article, tank, pool or well and may by a written notice require the occupier of such building or any part thereof to vacate the same for such period as may be specified in such notice.
(1) If the Commisioner is of the poinion that the water in any well, tank or other place is likely, if used for drinking, to endanger or cause the spread of any disease, he may, by public notice, prohibit the removal of such water for drinking and by notice in writing require the owner or person having control of such well, tank or place to take such steps as he may consider expedient to prevent the public from having access to or from using such water.
(2) If Howrah or any part of it is visited or threatened by an outbreak of any dangerous disease, the Commissioner may, by public notice, restrict or prohibit the sale or preparation of any article of food or drink for human consumption.
2525. Secs. 212A to 212G ins. by W.B. Act 11 of 1999. Subject to the provisions of the Registration of Births and Deaths Act, 1969, the Corporation shall cause registration of births and deaths taking place within the area of the Corporation, and extracts of information therefrom shall be supplied, on application, in such form of a certificate, and on payment of such fee, as may be determined by regulations.
Secs. 212A to 212G ins. by W.B. Act 11 of 1999. It shall be the duty of the father or the mother of every child born within the area of the Corporation or, in default of the father or the mother, of any relation of the child living in the same premises or, in default of such relation, of the person having charge of the child to give, to the best of his or her knowledge and belief, to the officer empowered in the area of the Corporation in this behalf, within twenty-one days from the date of birth of the child, information containing such particulars as are required under the Registration of Births and Deaths Act, 1969, or the rules made thereunder:
Provided that
(a) in the case of an illegitimate child, no person shall, as father of such child, be required to give any information under thi
Secs. 212A to 212G ins. by W.B. Act 11 of 1999. In case any new-bron child is found exposed, it shall be the duty of any person finding such child or of any person in whose charge such child may be placed to give, to the best of his knowledge and belief, to the officer empowered under section 212B, within twenty-one days from the date of finding of such child, such information containing the particulars of birth of such child as such person possesses.
Secs. 212A to 212G ins. by W.B. Act 11 of 1999. It shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying within the area of the Corporation and, in default of such relation, of any person present or in attendance at the time of the death and of the occupier of the premises in which, to his knowledge, the death took place and, in default of the person hereinbefore mentioned, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of to give, to the best of his knowledge and belief, to the officer specially empowered in this behalf for the area within which the death took place, information containing such particulars as are required under the Registration of Births and Deaths Act, 1969, and the rules made thereunder, within twenty-one days from the date of its occurrence:
In the case of a person who had been attended in his last illness by a duly qualified medical practitioner, such practitioner shall, within three days of his becoming cognizant of the death of such person, sign and forward to the officer specially empowered in this behalf a certificate of the cause of death of such person in such form as may, from time to time, be specified by the State Government, and the cause of death as stated in such certificate shall be entered in the register together with the name of the certifying medical practitioner.
It shall be the duty of the police to convey every unclaimed corpse to a registered burial or burning ground or other place for disposal of the dead or to a duly appointed mortuary and to inform thereafter the officer specially empowered in this behalf within whose jurisdiction such corpse was found.
No sexton or keeper of a registered burial or burning ground or other place for disposal of the dead, whether situated within the area of the Corporation or not, shall bury, burn or otherwise dispose of or allow to be buried, burnt or otherwise disposed of any corpse, unless such corpse is accompanied by a certificate in such form as may be prescribed and signed by an officer specially empowered in this behalf or by a registered medical practitioner or any other medical practitioner authorised by the State Government in this behalf.
Sec. 213 om. by W.B. Act 29 of 1990, which was as under: "213Appointment of Registrars and Sub-Registrars of Births and Deaths (1) The Health Officer of the Corporation shall be the Chief Registrar of Births and Deaths in Howrah and shall keep in such form as may from time to time be prescribed by the State Government a register of all births and deaths occurring in Howrah. (2) The Corporation shall appoint a person to be the Registrar of Births and Deaths for each borough and may appoint the same person to be such Registrar for more than one borough. (3) The Commissioner shall appoint a Sub-Registrar of Births and Deaths for each registered burial or burning ground or other place for the disposal of the dead to register all corpses brought thereto for interment or cremation or for disposal otherwise: Provided that the same Sub-Registrar may be appointed for more than one such burial or burning ground or other place. (4) The
Sec. 214 om. by W.B. Act 29 of 1990, which was as under: "214. Registration of places for disposal of the dead. (I) Every owner or keeper of a place not vested in or owned by the Corporation or a Board appointed by the State Government for the administration of such place, which ts used for burying, burning or otherwise disposing of the dead, shall cause the same to be registered in a register which shall be kept by the Commissioner and shall deposit to the office of the Corporation at the time of registration a plan of such place prepared by a surveyor. (2) All burial and burning grounds, public or private, shall be registered in the book of the Corporation in such manner as may be determined by regulation.". * * * * * * *
(1) The State Government may, after previous publication in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such reules may provide for all or any of the matters which under any provision of this Act are required to be prescribed or to be provided for by rules.
(3) All rules made under this Act shall be laid for not less than fourteen days before the State Lagislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid. Any modification of the said rules made by the State Legislature shall be published in the Official Gazette, an
(1) The Corporation may 2828. Words ", with the previous sanction of the State Government," om. by W.B. Act 17 of 1995. * * * * * make regulations not inconsistent with the provisions of this Act or the rules made thereunder for discharging its functions under this Act.
(2) Such regulations may provide that any breach thereof shall be pun- ishable with such fine as may be specified therein.
(3) Such regulations shall be published in the Official Gazette,
(1) The Corporation may * * * * * make by-laws not inconsistent with the provisions of this Act or the rules or the regulations made thereunder for discharging its functions under this Act.
(2) Such by-laws may provide that any breach thereof shall be punishable with such fine as may be specified therein.
(3) Such by-laws shall be published in the Official Gazette and in such local newspapers as the Corporation may determine.
(1) If the State Government is at any time of opinion that any regulation or by-law made by the Corporation should be canecelled or modified either wholly or in part, it shall cause the reasons for such opinion to be communicated to the Corporation, and shall appoint a reasonable period within which the Corporation may make any representation with regard thereto.
(2) After expiry of such period and on consideration of the representation of the Corporation, if any, the State Government may at any time by notification cancel or modify such regulation or by-law either wholly or in part.
(3) Any notification under sub-section (2) shall be published in local newspapers.
The State Government may, on the recommendation of the Corporation, by notification add to, amend or alter any Schedule, to this Act except Schedule I :
2929. Proviso ins. by W.B. Act 29 of 1983. Provided that when the Corporation has not been constituted under this Act, the State Government may, if it considers necessary or expedient so to do, by notification, add to, amend or alter any Schedule to this Act except Schedule I.
Sec. 220 renumbered as sub-sec. (1) of that sec. and sub-sees. (2) and (3) ins. by W.B. Act 10 of 1992.
(1) Whoever contravenes any provision of any of the sections, sub-sections, clauses, or provisos or any other provision of this Act mentioned in Column 1 of Schedule V shall be punishable with fine which may extend to the amount, or with imprisonment for a term which may extend to the period, specified in that behalf in column 3 of the said Schedule or with both, and in the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in column 4 of the said Schedule for every
(2) Notwithstanding anything contained in sub-section (1) of this section or in section 102 or elsewhere in this Act, within a period of six months from the date of
The Corporation shall, for the prupose of this Act, have the power to acquire and hold movable or immovable property or any interest therein, whether within or outside the limits of Howrah.
The Commissioner shall maintain an inventory of the movable and immovable properties of the Corporation in such form and manner as may be determined by the Corporation by regulation.
The Corporation may dispose of, by sale or otherwise, any movable or immovable property belonging to the Corporation in such manner as may be prescribed.
(1) The Commissioner or any other officer or employee of the Corporation, authorised by the Commissioner or empowered under this Act in this behalf, may enter into or upon any land or building with or without assistance for the purpose of enquiry, inspection, execution of any work or discharge of any function authorised under this Act or the rules or the regulations made thereunder.
(2) It shall be lawful for the Commissioner or any person authorised by him in this behalf to make forcible entry into any land or building or break open any door, gate or other barrier, if the same is considered necessary for carrying out the pruposes of this Act, after calling upon two or more respectable inhabitants of the locality to witness such entry or opening.
It shall be duty or every police officer in or outside Howrah to assist the Corporation, the Mayor-in-Council, the Commssioner or any other officer or employee of the Corporation in the discharge of any of the powers, duties and functions under this Act or any rule or regulation made thereunder as and when such assistance is called for.
Any suit or legal proceeding instituted or which, but for the passing of this Act, would have been instituted, by or against the Howrah Municipality may be continued or instituted by the Corporation or the Commissioner, as the case may be, constituted or appointed under this Act.
Secs. 226A and 226B ins. by W.B. Act 36 of 1994. Subject to the provisions of the Consititution of India, the Corporation may, in its descretion, provide for
(a) the preparation of plans for economic development and social justice;
(b) the performance of functions and the inplementation of schemes as may be entrusted to it including those in relation to the matters specified below:
(i) urban planning including town planning;
(ii) regulation of land-use and construction of buildings;
(iii) planning for economic and social development;
(iv) roads and bridges;
Secs. 226A and 226B ins. by W.B. Act 36 of 1994. Notwithstanding anything contained in this Act or in any other law for the time being in force, any person elected to the Corporation as Alderman and holding office as such immediately before the commencement of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994, shall continue to hold such office till the expiration of his term of office in accordance with the provisions of this Act in force immediately before the commencement of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994.
Explanation. "Alderman" shall mean a person elected to the Corporation as Alderman by the Councillors referred to in clause (3) of sub-section (1) of section 5 in accordance with the provisions of this Act, and the rules made thereunder, in force immediately before the commencement of the West Bengal Municipal Corpo
If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, as occasion may require, by order, do or cause to be done anything which may be necessary for removing the difficulty.
Secs. 228 to 238 ins. by W.B. Act 29 of 1990. Where any notice, bill, order or requisition issued or made under this Act or the rules or the regulations made thereunder, requires anything to be done, for the doing of which no time is fixed in this Act or the rules or the regulations made thereunder, such notice, bill, order or requisition shall specify a reasonable time for doing the same.
Secs. 228 to 238 ins. by W.B. Act 29 of 1990.
(1) Every licence,written permission, notice, bill, summons or other document, which is required by this Act or the rules or the regulations made thereunder to bear the signature of the .Commissioner or any other officer of the Corporation, shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or such officer, as the case may be, stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Municipal Fund under section 57.
Secs. 228 to 238 ins. by W.B. Act 29 of 1990. Every notice, bill, summons or other document required by this Act or the rules or the regulations made thereunder to be served upon, or issued to, any person shall be served or issued by an officer or other employee of the Corporation or by any person authorised by the Commissioner in that behalf.
Secs. 228 to 238 ins. by W.B. Act 29 of 1990.
(1) Every notice, bill, summons, requisition or other document required or authorised by this Act or the rules or the regulations made thereunder to be served or issued by or on behalf of the Corporation or by any of the municipal authorities referred to in section 3 or any officer or employee of the Corporation shall, save as otherwise provided in this Act or the rules or the regulations made thereunder, be deemed to be duly served,
(a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered or principal office or at its place of business and is either
(i) sent by registered post, or
(ii)
Secs. 228 to 238 ins. by W.B. Act 29 of 1990. All offences under this Act or the rules or the regulations made thereunder, whether committed within or outside Howrah, shall be cognizable by any 3333. Words subs, for the words "municipal magistrate" by W.B. Act 52 of 1994. [Judicial Magistrate of the first class] having jurisdiction and such magistrate shall not be deemed to be incapable of taking conginzance of any such offence or any offence under any enactment repealed by this Act.
Secs. 228 to 238 ins. by W.B. Act 29 of 1990.
(1) No person shall be liable to any punishment for an offence under this Act of the rules or the regulations made thereunder unless a complaint of such offence is made before a 33 [Judicial Magistrate of the first class] within six months from
(a) the date of commission of such offence, or
(b) the date on which the commission or the continuance of such offence is first brought to the notice of the Corporation or the Commissioner.
(2) For the avoidance of doubts, it is hereby declared that any failure to take out a licence under this Act or to pay tax under section 102 shall, for the purposes of sub-section (1
Secs. 228 to 238 ins. by W.B. Act 29 of 1990. A copy of any receipt, application, plan, notice, order or other document or any entry in a register in the possession of any municipal authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence of such document or entry.
Secs. 228 to 238 ins. by W.B. Act 29 of 1990. Every Councillor, every Alderman, the Commissioner and every other officer or employee of the Corporation shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code and, in the definition of legal remuneration in section 161 of that Code, the word "Government" shall, for the purpose of this section, be deemed to include the Corporation as well.
Secs. 228 to 238 ins. by W.B. Act 29 of 1990. When the Commissioner requires the owner of any premises to carry out any work, he may, if he considers it desirable so to do, require the occupier of the said premises to carry out such work and the occupier shall be bound to comply with such requisition:
Provided that except in the case of any special arrangement to the contrary, such occupier may deduct the amount of the expenses incurred or paid by him in respect of such work from the rent payable to the owner or may recover the same from him in any court of competent jurisdiction.
Secs. 228 to 238 ins. by W.B. Act 29 of 1990. No person shall,
(1) save with the written permission of the Commissioner and in such manner as he may authorise, store or use night-soil, cow-dung, manure, rubbish or any other substance emitting an offensive smell; or
(2) use or permit to be used any premises for any purpose which is, in the opinion of the Commissioner, dangerous to life, health or property or is likely to create a nuisance on any land or building or workshop or workplace; the Commissioner or any officer empowered by him may, by notice in wirting, require the person or persons by whose act, default or sufference the nuisance arises or continues or the owner, lessee or occupier of the land, building, workshop or workplace to remove or abate the nuisance by taking such measure,
Secs. 228 to 238 ins. by W.B. Act 29 of 1990. Where any building or wall or anything affixed threto or any well, tank, reservoir, pool, depression or excavation or any bank or tree is, in the opinion of the Commissioner, dangerous to persons passing by or dwelling or working in the neighbourhood, the Commissioner may, by notice in writing, require the owner or the occupier thereof to remove the same or may require him to repair, protect, or enclose the same in such manner as he thinks necessary, and if the danger is, in the opinion of the Commissioner, imminent, he shall forthwith take such steps as he thinks necessary to avert the same, and on the failure of compliance with the notice for removal or abatement of such nuisance or danger, the offender may be prosecuted and sentenced to imprisonment or to pay a fine to the extent of five hundred rupees, and a daily fine of fifty rupees for so long as the offence continues.
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Chapter XXI containing sees. 239 to 242 ins. by W.B. Act 11 of 1999.
(1) The Corporation shall prepare a Draft Development Plan for Howrah in consultation with the District Planning Committee or the Metropolitan Planning Committee, as the case may be, for a period of five years, and shall submit to the Urban Development Sub-Committee or the Metropolitan Planning Committee, as the case may be, at least one year before completion of the term of the preceding Draft Development Plan:
Provided that the Corporation shall prepare the first Draft Development
(2) The Draft Development Plan for Howrah shall be a written statement, and shall include
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Chapter XXI containing secs. 239 to 242 ins. by W.B. Act 11 of 1999. A financial statement shall be submitted with the Draft Development Plan containing
(a) detailed particulars about the quantum of finance available for conducting the development programme under the said Draft Development Plan from
(i) own resources of the Corporation with source-wise break-ups; and
(ii) corporate sector or household sector;
(b) the following particulars in detail:
(i) credit plan or the terms and conditions for availing of the finance from corporate sector or household sector;
Chapter XXI containing secs. 239 to 242 ins. by W.B. Act 11 of 1999. The Corporation may, at any time but not more than once in every three years, propose to the District Planning Committee any revision or modification of the Draft Development Pl]an.
Chapter XXI containing secs. 239 to 242 ins. by W.B. Act 11 of 1999.
(1) The Corporation shall prepare an Annual Development Plan for a period of one financial year, covering only the relevant portion of the Draft Development Plan for the concerned period, in consultation with the District Planning Committee, and submit the same to the State Government within the last week of the month of October of the year preceding the period for which the Annual Development Plan shall be prepared.
(2) The Annual Development Plan shall be prepared in accordance with the provisions of sub-section (2) of section 239 and section 240, which shall apply mutatis mutandis.
(3) The State Government shall, on receipt of th
Boundaries of the Corporation
[See section 2(4)]
Boundaries of the Corporation
Starting from Mouza Baltikuri where it meets Howrah Municipal boundary, thence along eastward all along the southern boundary of Bally Municipality (up to river Hooghly) in the East from the water edge at lowest tide of river Hooghly and westward along its water edge at lowest tide of northern back to the point where it meets the eastern boundary of Mouza Podda in Sankrail police-station; thence northward along the western boundary of Mouza Goabaria and Mouza Thana Makua; thence along the western boundary of Mouza Sultanpur and westward along the southern boundary of Unsani an
SCHEDULE [See section 5(2)] Boundaries
Section 1 .
Along northern boundary of Girish Ghosh Bye Lane, Joya Bibi Road, then towards north through Joya Bibi Lane and to the east along imaginary line through New Central Jute Mill in the north up to the river side, then on the east along the river side up to Banerjee Ghat Road, thence on the south along Banerjee Ghat Road up to J.N. Mukherjee Road, thence on the west along J.N. Mukherjee Road and along Girish Ghosh Lane up to Girish Ghosh Bye Lane.
Section 2 .
Starting from the junction of G.T. Road (North) and Thakurdas Surekha Road (Guha Road), along northern bo
Schedule 2 of the Howrah Municipal Corporation Act, 1980, delineates the boundaries of the various wards within the Corporation area. It provides the detailed geographical demarcations essential for administrative, electoral, and taxation purposes. The Schedule ensures clarity in jurisdictional limits, facilitating effective governance and planning.
Schedule 2 specifies the boundaries of each ward within the Howrah Municipal Corporation, listing the limits in terms of streets, landmarks, and natural features. It defines the territorial extent of each ward, thereby establishing the jurisdictional scope for municipal functions such as taxation, civic amenities, and electoral processes.
The Schedule provides the foundational map for administrative and electoral boundaries, affecting:- Electoral roll preparation.- Taxation and assessment of property.- Planning and development schemes.- Administrative jurisdiction for civic services.- Dispute resolution regarding jurisdictional limits.
Schedule 2 itself does not prescribe any punishment; however, any breach or misrepresentation regarding ward boundaries can lead to legal disputes, administrative penalties, or judicial review under the broader provisions of the Act. Incorrect demarcation or deliberate misstatement may attract penalties under relevant sections of the Act for misfeasance or abuse of office.
In summary, Schedule 2 of the Howrah Municipal Corporation Act, 1980, is a vital legal instrument that defines the territorial boundaries of wards, impacting electoral, administrative, and fiscal aspects of municipal governance. Its precise demarcation ensures legal clarity, administrative efficiency, and protection of residents' rights, with any modifications requiring adherence to statutory procedures.
Note: The analysis primarily draws on the judicial interpretation and statutory provisions as per the provided sources, emphasizing the importance of Schedule 2 in the legal and administrative framework of the Howrah Municipal Corporation.
Class of profession, trade and calling
Class of profession, trae and calling
[See section 102(1)]
Serial No.
(1)
Class of profession, trade and calling.
(2)
1.
Tax on Advertisements
[See section 3.]
.
.
Per Rs.
Month P.
Per year Rs. P
1 .
Advertisements on hoarding
Penalties
(See section 220)
Section and sub-section, clause or proviso.
Subject
Maximum 6ne or imprisonment that may be imposed.
Maximum daily fine that may be imposed
1
2
3
4
Section 77sub-secticn(3)..
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