KOLKATA MUNICIPAL CORPORATION ACT, 1980

S.1 Short title, application and commencement

       (1) This Act may be called the Kolkata Municipal Corporation Act, 1980.

       (2) Except as hereinafter otherwise provided in this Act, it applies only to Kolkata.

       (3) It shall come into force on such date1 as the State Government may, by notification, appoint.

S.2 Definitions

       In this Act, unless the context otherwise requires-
       (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 any substance has been mixed or packed with it so as to reduce or lower or harmfully affect its quality or strength, or
       (ii) if any substance has been substituted w

S.3 The municipal authorities

       The following shall be the municipal authorities for the purposes of carrying put the provisions of this Act, namely :-
       (a) the Corporation,

       (b) the Mayor-in-Council, and

       (c) the Mayor.

S.4 The Corporation

       (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 Kolkata, to be known as the Kolkata 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) Subject to the provisions of this Act, the Corporation shall be entitled to acquire, hold and dispose of property.

S.5 Constitution of the Corporation

1 Sub-section (1) subs, by s. 4(2) (a) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994), which was earlier as under : "(1) The Corporation shall consist of the following members, namely:- (a) one hundred and forty-one elected Councillors, (b) two Councillors of whom- (i) one shall be the Chief Executive Officer of the Calcutta Metropolitan Development Authority known as such under sub-section (1) of section 17 of the West Bengal Town and Country Planning Act, 1979 (West Ben. Act XIII of 1979) ex officio, and (ii) the other shall be the Chairman of the Board of Trustees for the Improvement of Calcutta, constituted under the Calcutta Improvement Act, 1911 (Ben. Act V of 1911) ex-officio,and (c) seven Aldermen to be elected by the Councillors referred to in clause (a).".[(1) The Corporation shall consist of the following members, nam

S.6 Election of Mayor and Chairman

1 Section 6 subs, by s. 3 of the Kolkata Municipal Corporation (Amendment) Act, 2003 (West Ben. Act XXXIV of 2003) (with effect from 1.6.2004), which was earlier as under: "6. Election of Mayor and Chairman.- 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 a vacancy, in the office of the Mayor or the Chairman, as the case may be, occurs by reason of death, resignation, removal or otherwise and within one month of the occurrence of such vacancy, 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.".The elected members of the Corporation shall elect from amongst themselves,-
(a) at the first meetin

S.7 Term of office of Mayor and Chairman

       (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

S.8 Constitution of the Mayor-in-Council

       (1) There shall be a Mayor- in-Council consisting of the Mayor, the Deputy Mayor and not more than ten other elected members of the Corporation.

       (2) The Deputy Mayor and the other members referred to in sub-section (1) shall be nominated by the Mayor from amongst the elected members of the Corporation as soon as possible after he enters upon his office and shall assume office after taking such oath of secrecy as may be prescribed.

       (3) Any casual vacancy in the office of the Deputy Mayor or the other member of the Mayor-in-Council referred to in sub-section (1) by reason of death, resignation, removal or otherwise shall be filled up by the Mayor:

       Provided

S.9 Term of office of Deputy Mayor and other members of Mayor- in-Council

       A member of the Mayor-in-Council other than the Mayor shall hold office 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

       (d) the Mayor ceases to hold office under the provisions of section 7, or

       (e) in case of the death of the Mayor a newly elected Mayor enters upon his office.

S.10 Municipal Accounts Committee

       (1) The Corporation shall, at its first meeting in each year or as soon as may be at any meeting subsequent thereto, constitute a Municipal Accounts Committee.

       (2) The Municipal Accounts Committee shall consist of -

       (a) such number of persons, not being less than five and more than seven, as the Corporation may determine, to be elected by the members of the Corporation from amongst themselves in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. The members of the Mayor-in-Council shall not be eligible for such election; and
       (b) such number of persons, both being the members, officers, or employ

S.11 Borough Committees

       (1) The Corporation shall, at its first meeting after a general election or as soon as may be at any meeting subsequent thereto, group the wards of the Corporation which are contiguous into 1 Subs, by s. 4 of the Calcutta Municipal Corporation (Amendment) Act, 1983 (West Ben. Act XXXII of 1983) (with effect from 4.1.1984) for the word "ten".[fifteen] Boroughs, each consisting of such number of wards as the Corporation may determine, and constitute a Borough Committee for each such Borough.

       (2) Each Borough Committee shall consist of the Councillors 2The words and figure", other than the Chairman elected under section 6 and the Mayor and the Deputy Mayor" omitted by s. 4(3)(a) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994).[ * * *] elected

S.11(a) Ward Committee

       1 Section 11A ins. by s. 4(4) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994).
       (1) Each ward of the Corporation shall have a Ward Committee.

       (2) The composition and functions of the Ward Committee shall be such as the 2 Subs, by s. 4 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "the State Government may by notification determine.".[may be prescribed.]

       (3) The Councillor elected from a ward shall be the Chairperson of the Ward Committee for that ward].

S.12 Municipal Consultative Committees

       The Mayor-in-Council may constitute such number of Municipal Consultative Committees and for such periods as it may deem fit.
       (2) Each such Committee shall consist of not more than five elected members of the Corporation and shall advice the Mayor-in-Council in the discharge of its functions.

       (3) The manner of transaction of business of a Municipal Consultative Committee shall be such as may be specified by the Mayor-in-Council.

S.13 Remuneration and facilities of Mayor, Chairman, members of the Mayor-in-Council and members of committees under this Chapter

Section 13 subs, by s. 4 of the Kolkata Municipal Corporation (Amendment) Act, 2003 (West Ben. Act XXXIV of 2003) (with effect from 1.6.2004), which was earlier amended by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989) and was as under : "13. Remuneration and facilities of Mayor, Chairman, members of the Mayor-in-Council and members of Committees under this Chapter.-The Mayor, the Chairman referred to in section 6, the members of the Mayor-in-Council, and the members of Committees constituted in accordance with the provisions of this Chapter shall be such remuneration and facilities as may be determined by the Corporation.". The Mayor and the Chairman referred to in section 6, the members of the Mayor-in-Council, the Leader of the Opposition, Chairman of a Borough Committee and the members of Committees constituted in accordance with the provisions of

S.13(a) Code of conduct for the elected functionaries

Section 13A ins. by s. 5 of the Kolkata Municipal Corporation (Amendment) Act, 2003 (West Ben. Act XXXIV of 2003) (with effect from 1.6.2004).The code of conduct of the Councillors as well as the other elected functionaries of the Corporation shall be such as may be prescribed.]

S.14 Officers of the Corporation

       (1) Save as otherwise provided in the Act, the Corporation shall have the following officer, namely,-

       (a) the Municipal Commissioner,
       (b) such number of Joint Municipal Commissioners as the Mayor-in- Council may, from time to time, determine,
       (c) the Controller of Municipal Finances and Accounts,
       (d) the Chief Municipal Auditor,
       (e) the Municipal Engineer-in-Chief,
       (f) such number of Deputy Municipal Commissioners and Chief Municipal Engineers as the Mayor-in-Council may from time to time, determine,
       (g) the Chief Municipal Architect and Town Planner,
  &nb

S.15 Salary and other conditions of service of Municipal Commissioner and other officers

       (1) The officers appointed under clause (a) of sub-section (2), or clause (b) of sub-section (3), of section 14 shall be paid out of the Municipal Fund such salary and allowances as may, from time to time, be determined by the State Government.

       (2) Leave may be granted by the State Government to the Officers appointed under clause (a) of sub-section (2), or clause (b) of sub-section (3), of section 14 on the recommendation of the Mayor and where such leave is granted to any such officer, the State Government shall appoint another person to officiate in his place.

       (3) If any of the officers referred to in sub-section (1) is in the service of Government, the Corporation shall make such contribution towards his leave allowances, pension and provide

S.16 Filling of casual vacancies in the posts of officers, appointed by the State Government

If any vacancy occurs in the office of any of the officers referred to in clause (a) of sub-section (2), or clause (b) of subsection (3) of section 14 by reason of death, resignation, removal or otherwise, the State Government may in consultation with the Mayor-in-Council, appoint another person to officiate in his place for a period not exceeding six months.

S.17 Establishment of the Corporation and schedule of posts

       (1) The posts of officers and employees of the Corporation, other than those referred to in sub-section (1) of section 14, 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 four categories, namely, category A post, category B post, category C post and category D post, on the basis of the scales of pay of such posts.

       (3) The Corporation shall maintain a schedule of posts which shall include the designation and the number of posts under each designation of officers and employees constituting the establishment of the Corporation and the schedule shall be in three parts of which Part I shall include categ

S.18 Appointing authorities

       Subject to the other provisions of this Act, the appointing authority in respect of the posts of officers, and employees constituting the establishment of the Corporation shall be,-
       (a) in the case of category A posts, the Municipal Commissioner,

       (b) in the case of category B posts, a Joint Municipal Commissioner, and

       (c) in the case of category C posts and category D posts, such officer or officers of the Corporation as the Municipal Commissioner may with the prior approval of the Mayor-in-Council, designate in this behalf.

S.19 Appointment to category A posts, category B posts, category C posts and category D posts

       (1) Appointment to category A post or a category B post shall be made on the recommendation of the Municipal Service Commission.

       (2) Appointment to a category C post or a category D post shall be made in such manner as may be determined by regulation.

       (3) Notwithstanding anything contained in sub-section (1), prior approval of the State Government shall be necessary in the case of appointment of person not recommended by the Municipal Service Commission.

S.20 Service Regulations

The method of, and the qualifications required for, recruitment to category A posts, category B posts, category C posts and category D posts and the terms and conditions of service of persons appointed thereto including pension, gratuity and provident fund shall be determined by regulation.

S.21 Control, discipline and conduct of officers and employees

       (1) Unless there is anything to the contrary, the whole time to an officer or employee of the Corporation shall be at the disposal of the Corporation and he may be employed by the Corporation in such manner as it thinks fit. Such officer or employee may also be transferred from one post to another carrying an indentical scale of pay.

       (2) The Corporation may, by regulation, provide for the dicipline, control and conduct of officers and employees constituting the establishment of the Corporation.

       1 Sub-section (3) subs, by s. 5(a) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995), which was earlier as under: "(3) Any officer or employee of the Corporation may be reduce

S.22 Contribution in respect of leave allowance, pension or provident fund to employees of Government or statutory body appointed to be officers or employees of the Corporation

When a person in the service of Government or of a statutory body is appointed to be an officer other than an officer referred to in sub-section (1) of section 15, or an employee, of the Corporation, the Corporation shall make such contributions towards his leave allowance, pension and provident fund as may be required by or under the conditions of his service under Government or statutory body or the terms and conditions of his service under the Corporation, as the case may be, to be paid by or for him.

S.23 Age of Superannuation of officers and employees of the Corporation

Notwithstanding anything in this Chapter or elsewhere in this Act or in any rules or regulations made thereunder, the age of superannuation of officers and employees of the Corporation shall be determined by the State Government and no such officer or employee shall, after retirement, be re-employed in any post without the prior sanction of the Government.

S.24 Dispensation of consultation with State Public Service Commission or Municipal Service Commission

       (1) Notwithstanding anything contained in this Chapter, it shall not be necessary to consult the State Public Service Commission or the Municipal Service Commission, as the case may be, in the case of appointment of a person as an officer or employee of the Corporation,-

       (a) if the person to be appointed is or has been in the service of Government, or
       (b) if the post to be filled up is for a term of six months, or
       (c) if the period for which the appointment is made does not exceed six months.

S.25 Dismissal of officers and employees of the Corporation under certain circumstances

       (1) If any officer or employee of the Corporation is habitually in debt or acquires directly or indirectly by himself or by any officer or employee of the Corporation any share or interest in any contract with or on behalf of the Corporation, such officer or employee shall be dismissed by his appointing authority :

       Provided that for the purpose of this sub-section, any debt owned by an officer or employee of the Corporation to a co-operative society or a body corporate constituted or established by or under any enactment in force for the time being shall not be taken into consideration :
       Provided further that nothing in this sub-section shall apply to the acquisition by an officer or employee of the Corporation of any share or interest in any company, incorporated under any enactment in for

S.26 Constitution of Municipal Service Commission

       (1) The Corporation shall, as soon as may be after the commencement of this Act, constitute a Municipal Service Commission consisting of-

       (a) a Chairman, and
       (b) 1 Subs, by s. 6(a) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995) for the word "two".[three] other members.

       (2) The Chairman and one of the other members shall be nominated by the Corporation on the recommendation of the Mayor-in-Council 2 Subs, by s. 6(b), ibid (with retrospective effect from 4.12.1995) for the words "and one member shall be nominated by the State Government.".[, and two members, one of whom shall be an officer of the Department of Scheduled

S.27 Salaries and allowances of the members of the Municipal Service Commission and its officers and other employees to be paid from Municipal Fund

       Original section 27 renumbered as sub-section (1) of that section by s. 4 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989).[(1)] The salaries and allowances, if any, of the members of the Municipal Service Commission and the officers and other employees thereof shall be paid from the Municipal Fund.

       2 Sub-section (2) ins. by s. 4, ibid (with effect from 20.2.1989).[(2) The State Government may, by notification, fix the amount of contribution payable by the Howrah Municipal Corporation 3 Ins. by s. 6(1) of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001).[or the Siliguri Municipal Corporation or the Asansol Municipal Corporation] or the Chandernagore Municipal Corporation 4 Ins. by s. 6(2) of the Calcutta

S.27(a) Municipal Vigilance Authority

       (1) The State Government shall, by notification, and on such terms and conditions, as it thinks fit, appoint a person as the Vigilance Authority for inquiring into any complaint of corruption, misconduct, lack of integrity or any other kind of malpractice or misdemeanour on the part of any officer or other employee of the Corporation :

       Provided that a person appointed as the Vigilance Authority shall hold office for a term of two years which may be extended for a period not exceeding one year and shall, on the expiration of his term of office, be ineligible for re-appointment to that office :
       Provided further that no Councillor or Alderman and no officer or other employee of the Corporation shall be eligible to be appointed as the Vigilance Authority.

S.28 General powers of the Corporation

Subject to the provisions of this Act and the rules and the regulations made thereunder, the municipal government of Kolkata shall vest in the Corporation.

S.29 Obligatory functions of the Corporation

The Corporation shall, having regard to the available resources, provide civic services including water supply, sewerage and drainage, solid waste management, and construction and maintenance of streets, and shall enforce the provisions of this Act and if so required by any other law in force for the time being, the provisions of such law relating to town planning, land use, control regarding regular lines of streets, control of overground and underground building operations and protection of environment against pollution and noise- pollution, and community health, and for these purposes it shall be incumbent on the Corporation to make adequate provisions, by any means which it may lawfully use or take, for each of the following matters :-
(a) the construction and maintenance of water-works and providing, by itself or by any agency, means for supply of water for public and private

S.30 Discretionary functions of the Corporation

       Subject to the availability of resources, the Corporation may, at its discretion, provide either wholly or in part for all or any of the following matters :
       (a) the furtherance of education (including cultural and physical education) and sports and the establishment and maintenance of, and aid to, schools for primary education;

       (b) the establishment and maintenance of, and aid to, libraries, museums, art galleries and botanical or zoological collections;

       (c) the surveys of buildings and lands;

       (d) the civic reception to persons of distinction;

S.31 Power of the Corporation to call for extracts from proceedings, etc.

       (1) The Corporation may at any time call for extracts from the proceedings of any of its committees or for any return, statement, accounts or report connected with any matter with which such committee is empowered to deal, and such committee shall furnish such extracts, return, statement, accounts or report without any delay.

       (2) The Corporation may at any time require the Mayor-

       (a) to produce any record, correspondence, plan or document which is in his possession or under his control as Mayor or which is recorded or filed in his office or in the office of any officer or employee of the Corporation;
       (b) to furnish any return, plan, estimate, statement, accounts or statistics concerning or connected

S.32 Authentication of orders, etc. of the Corporation

All orders and other instruments made and executed in the name of the Corporation shall be authenticated in such manner as may be prescribed and the validity Secs. 32-37] POWERS AND FUNCTIONS OF THE MUNICIPAL AUTHORITIES of an order or instrument so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Corporation.

S.33 Executive power of the Corporation to be exercised by Mayor-in-Council

       (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.

S.34 General powers of the Mayor

       (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, for convenient transaction of the business of the Corporation, allocate among the members of the Mayor-in-Council such business and in such manner as he thinks fit.

S.35 Mayor to preside over meetings of the Mayor-in-Council

       (A) The Mayor shall preside over meetings of the Mayor-in-Council which shall meet at such place and at such time as the Mayor may direct.

       (2) The matters for discussion 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

S.36 Exercise of powers by the Mayor in anticipation of the Mayor- in-Councils approval

       (1) In any case in which it is provided in this Act or the rules or the regulations made thereunder or in any other law in force for the time being that the Mayor shall take action subject to the approval, sanction, consent or concurrence of the Mayor-in-Council, the Mayor-in- Council may authorise the Mayor in writing to take action in anticipation of such approval, sanction or concurrence, subject to such condition, if any, as may be specified by the Mayor-in-Council.

       (2) Whenever the Mayor takes any action under sub-section (1), he shall inform the Mayor-in-Council of such action forthwith.

S.37 Powers of the Mayor in emergency

If the Mayor is satisfied that an emergency has arisen and is of the opinion that the immediate execution of any work or the doing of any act, which ordinarily requires the approval, sanction, consent or concurrence of the Corporation or the Mayor-in-Council, is necessary for the maintenance of services or safety of the public or for the prevention of extensive damage to any property of the Corporation, he may direct the execution of such work or the doing of such act without such approval, sanction, consent or concurrence and, in such case, he may direct that the expenses for such execution or doing shall be paid from the Municipal Fund :
Provided that the Mayor shall report forthwith to the Corporation or to the Mayor-in-Council, as the case may be, the action taken under this section and the reasons thereof.

S.38 The Deputy Mayor to act as Mayor or to discharge his functions during casual vacancies in the office, or during the absence, of Mayor

       (1) In the event 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.

S.39 Powers and functions of the Municipal Commissioner

       (1)The Municipal 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 upon him by or under this Act or by any other law in force for the time being;
       (b) assign the duties, and supervise and control the acts and proceedings, of all officers and employees of the Corporation.

       (2) All officers and employees of the Corporation shall be subordinate to the Municipal Commissioner.

S.40 The Municipal Commissioner to be custodian of records

The Municipal Commissioner shall be responsible for the custody of all records other than paper and documents connected with the proceedings of the Corporation and the Municipal Accounts Committee, and shall preserve the same in such manner and for such period as may be determined by regulations.

S.41 Annual Report of the Corporation

       (1) As soon as may be after the 1st day of April every year and not later than such date as may be fixed by the State Government, the Corporation shall submit to the State Government a detailed report of the municipal government of Kolkata during the preceding year in such form as the State Government may direct.

       (2) The Municipal Commissioner shall prepare such report and the Corporation shall consider the report and forward the same to the State Government with its resolution thereon, if any.

       (3) Copies of the report shall be kept for sale at the office of the Corporation.

S.42 Powers and functions of the Municipal Secretary

       (1) The Municipal Secretary shall be the Secretary to the Corporation and the Municipal 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 Municipal Commissioner.

       (2) The Municipal Secretary shall be responsible for the custody of all papers and documents connected with the proceedings of the Corporation, and the Municipal Accounts Committee, and shall preserve the same in such manner and for such period as may be determined by regulations.

S.43 Execution of works

The Mayor-in-Council may determine either generally or for any class of cases or specially for any particular case whether the Municipal Commissioner shall execute any work by a contract or otherwise.

S.44 Sanction of estimates

       (1) When a project is framed for the execution of any work or series of works, the Municipal Commissioner shall cause a detailed report to be prepared stating the scope of the project, its techno-economic viability and its social benefits and prepare an estimate, the sanctioning authority in respect of which shall be-

       (a) the Municipal Commissioner, if the amount does not exceed 1 Subs, by s. 9(a) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995) for the words "twenty lakhs of rupees,".[five lakhs of rupees,]
       (b) the Mayor-in-Council, if the amount exceeds 2 Subs, by s. 9(b), ibid (with retrospective effect from 4.12.1995) for the words "twenty lakhs of rupees but does not exceed one crore of rupees,".[five lakh

S.45 Contracts

       (1) Subject to the other provisions of this Act, the Corporation may enter into and execute all such contracts as it may consider necessary or expedient under, or for any of the purposes of, this Act.

       (2) With respect to any contract under sub-section (1), the following provisions shall have effect-

       (a) every contract shall be executed on behalf of the Corporation by the Municipal Commissioner or such other officer of the Corporation as the Mayor-in-Council may direct or authorise from time to time;
       (b) no such contract which under the provisions of this Act cannot be entered into without the approval or sanction of any authority or officer under this Act shall be entered into by any officer referred

S.46 Manner of execution of contracts

       (1) The manner of execution of contracts under this Act shall be determined by regulations.

       (2) No contract which is not entered into in accordance with the provisions of this Act or any regulation shall be binding on the Corporation.

S.47 Exercise of powers and performance of functions to be subject to sanction

       Save as otherwise provided in this Act, the exercise of any power or the performance of any function conferred or imposed upon the Corporation or any other municipal authority or the Municipal Commissioner by or under this Act, which will involve an expenditure, shall be subject to the following conditions-
       (a) such expenditure, in so far as it is incurred in the year in which such power is exercised or such function is performed, shall be provided for under the budget grant for that year; and

       (b) if the exercise of such power or the performance of such function in a year involves, or is likely to involve, an expenditure for any period, or at any time, after the close of the said year, such expenditure shall not be incurred without the sanction of the Corporation.

S.48 Delegation of powers and functions

       (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 Municipal 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 the Municipal Commissioner;

S.49 Doubts as to powers or functions of municipal authorities

If any doubt arises as to whether any particular power or function appeartains to any municipal authority or the Municipal Commissioner, the Mayor shall refer the matter to the State Government and the decision thereon of the State Government shall be final.

S.50 Election to Corporation

Section 50 subs, by s. 4(6) (b) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994), which was earlier as under: 50. Electoral roll for election of Councillors to the Corporation.- For election of Councillors to the Corporation there shall be an electoral roll showing the names of persons qualified to vote and the electoral roll shall be prepared in accordance with the provisions of this Act and the rules made thereunder: Provided that the electoral roll for the time being in force for election of members to the West Bengal Legislative Assembly, so far as such electoral roll relates to Calcutta, may be adopted by the election authority as an electoral roll for election of Councillors to the Corporation under this Act.". The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elect

S.51

Sections 51 to 60 omitted by s. 4(6) (c) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994), which were earlier as under: "51. Disqualifications for registration in electoral roll.- (1) A person shall be disqualified for registration in the electoral roll for election of Councillors to the Corporation if he- (a) is not a citizen of India; or (b) is of unsound mind and stands so declared by a competent court; or (c) is for the time being disqualified from voting under the provisions of this Act or any other law relating to corrupt practices and other offences in connection with elections. (2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included : Provided that the name of any person struck off the electoral roll by reason of a disqualification u

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S.61 General disqualifications for being a [* * *] member of any Committee

       (1) A person shall not be qualified 2 The words "for being elected a Councillor or Alderman or" omitted by s. 4(6)(d(ii), ibid (with retrospective effect from 1.6.1994).[* * *] for being a member of any committee of the Corporation if he-

       (a) has been adjudged by a competent court to be of unsound mind; or
       (b) has voluntarily acquired the citizenship of a foreign State; or
       (c) is under twenty-one years of age; or
       (d) is an undischarged insolvent; or
       (e) being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
       (f)

S.61(a) Disqualification for being a Councillor on change of political party by the Councillor

       Section 61A ins. bys. 5(2) of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997).(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 writing, 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
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S.62

Sections 62 to 74 omitted by s. 4(6) (e) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994), which were earlier as under: 62. Nomination of candidates.- (1) Subject to the provisions of section 60, any person may be nominated as a candidate for election as a Councillor from any constituency unless he is disqualified under section 61 for being elected as a Councillor. (2) On or before the date on which a candidate is nominated, he may by writing under his hand make a declaration, appointing either himself or some other person who is not disqualified under section 67 to be his election agent, and the declaration shall be lodged with such officer as may be appointed by the election authority in this behalf. 63. Deposit of fees and withdrawal of candidature.- (1) On or before the date appointed for the nomination of candidates each cand

S.63

S.64

S.65

S.66

S.67

S.68

S.69

S.70

S.71

S.72

S.73

S.74

S.75

Sections 75 to 78 omitted by s. 4(6) (e) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994), which were earlier as under: 75. Election petitions.- (1) If there is any dispute as to whether any person whose name is published under sub-section (7) of section 65 is eligible for election as a Councillor, or if there is any doubt as to the validity of any election whether by reason of the commission of any corrupt practice by a candidate or his agent or by any other person or by reason of the improper rejection of a nomination or of the improper reception or refusal of a vote, or for any other cause, any person enrolled in the electoral roll for election of Councillors of the Corporation may, at any time within eight days after the said publication, present to the Chief Judge of the Court of Small Causes of Calcutta an election petition

S.76

S.77

S.78 S.79 Oaths of allegiance to be taken by CouncillorsJ63[* * *]

Every person who is a Councillor 1 The words "or an Alderman" omitted by s. 4(6) (f)(ii),ibid (with retrospective effect from 1.6.1994).[* * *] shall, before taking his seat at a meeting of the Corporation, make and subscribe before a person to be nominated by the State Government in this behalf an oath or affirmation of his allegiance to the Constitution of India in the following form : I, A.B., being a Councillor 2 The words "/an Alderman" omitted by s. 4(6)(f)(iii),ibid (with retrospective effect from 1.6.1994).[ * * * ] of the Kolkata Municipal Corporation, do solemnly swear/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duties upon which I am about to enter.

S.80 Power of the State Government in respect of first election

If any difficulty arises as to the preparation, publication or revision of the first electoral roll for election of Councillors to the Corporation or the holding of the first general election after the commencement of this Act, the State Government may by order authorise any matter or thing to be done which appears to it to be necessary for the proper preparation, publication or revision of such roll, or for the proper holding of the election.

S.81 Term of office of Councillors J66[* * *]

       Sub-section (1) subs. bys.4(6)(g)(ii),idbi (with retrospective effect from 1.6.1994),for existing sub-section (1), which was earlier as under: " (1) Subject to the provisions of section 83, a Councillor or an Alderman shall hold office for a term of five years beginning from the date immediately following the date of election of Aldermen under section 74 and the said term of five years shall be held to include any period which may elapse between the date of expiry of the said term and the date of the meeting of the Councillors, fixed under section 74 after a general election, at which Aldermen are elected.".[(1) Subject to the provisions of section 83, a Councillor shall hold office for a term of five years from the date appointed for the first meeting of the Corporation under section 95 and no longer.]

       (2) A Councillor 2 The words "or

S.82

Section 82 omitted by s. 4(6) (h), ibid (with retrospective effect from 1.6.1994), which was earlier as under: "82.Effect of subsequent disabilities.-If a person having been elected as a Councillor or an Alderman- (a) subsequently becomes subject to any of the disqualifications referred to in clauses (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o) and (p) of sub-section (1) of section 61, or (b) fails to make within three months of his election the oath or affirmation under section 79, or (c) violates the oath or affirmation under section 79, or (d) fails continuously for a period of six consecutive months to attend the meetings of the Corporation except when such failure is due to reasons considered sufficient by the Corporation, or (e) is retained or employed in any professional capacity in connection with any case or matter in which the Corporation has interest, the State Government shall after previous notice t

S.83 Casual vacancies

Section 83 subs, by s. 4(6) (I), ibid (with retrospective effect from 1.6.1994) for existing section 83, which was earlier as under: '83.Casual vacancies.- (1) When a vacancy occurs in the seat of a Councillor or an Alderman by reason of death, resignation, or declaration under section 82, or on the ground referred to in section 71, section 77 or section 168, or for any other reason, the election authority shall call upon the constituency concerned or the elected Councillors of the Corporation, as the case may be, to elect a person for the purpose of a filling such vacancy on such date as may be fixed by the election authority and within such time as may be prescribed : Provided that the State Government may, if it considers necessary or expedient in the public interest so to do, by notification, adjourn the poll to a date not later than two months from the date fixed by the election authority: Provided further that no electi

S.84

Sections 84 to 92 omitted by s. 4(6) (I) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994), which were earlier as under: '84. General election.- (1) There shall be held a general election of Councillors- (a) before the expiration of the term of office of the Councillors and Aldermen under section 81, and (b) so often as the Corporation is suspended under section 117, before the expiration of the period of supersession. (2) Such general election shall take place on such date or dates as may be fixed by the State Government by notification and no such notification shall be issued at any time not less than two months before such date or dates. D. Requisitioning of property for election purposes 85. Requisitioning of premises, vehicles, etc. for election purposes.- (1) If it appears to the State Government that in connection with an el

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S.93 Nomination of a panel of Presiding Officers

       (1) The Chairman shall at the beginning of each calendar year nominate from amongst the elected members of the 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.

S.94 Meetings

       (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 twenty elected members of the Corporation convene a meeting of the Corporation.

       (3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in the like manner.

S.95 First meeting of the Corporation after general election

The first meeting of the Corporation after a general election shall be held as early as possible after the publication of the results 1 Subs. bys. 4(7) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994) for the words and figures "of the election of Alderman under section 74".[thereof] and shall be convened by the Municipal Secretary.

S.96 Notice of meeting and list of business

       A list of business to be transacted at every meeting of the Corporation except at an adjourned meeting shall be sent 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 Municipal Secretary notice of any resolution so as to reach him atleast forty- eight hours before the time fixed for the meeting and the Municipal Secretary shall with all possible despatch take steps to circulate such resolution to every member of the Corporation in such manner as he may think fit.

       Explanation.- In this section, "registered address" me

S.97 Quorum for transaction of business at a meeting of the Corporation and method of deciding questions

       (1) The quorum necessary for the transaction of business at a meeting of the Corporation shall be one-fifth 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 person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum.

       (3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before such meeting shall be brought before, and may be transacted at, an adjourned meeting; and no quorum shall be necessary for such an adjourned meeting.

       (4) All matters require

S.98 Presiding Officer of a meeting of the Corporation

       (1) The Chairman or in his absence, a member of the panel of Presiding Officers nominated under section 93 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 elect 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 all cases of equality of votes.

S.99 Presiding Officer of a meeting for election of a Mayor or Chairman

       Notwithstanding anything contained in section 98,-
       (a) at the first meeting for the election of the Mayor and the Chairman or at any other meeting for the election of the Chairman, the State Government shall nominate an elected member of the Corporation, who is not a candidate for such election, to preside over the meeting;

       (b) if during the election of the Mayor or the Chairman, as the case may be, it appears that there is an equality of votes between any candidates at such election and the addition of a vote would entitle one of such candidates to be elected as Mayor or Chairman, as the case may be, then, the person presiding over the meeting shall decide between such candidates by lot to be drawn in their presence and in such manner as he may determine and the candidate on whom the lot f

S.100 Maintenance of order at a meeting of the Corporation and withdrawal and suspension of Councillors J73[* * *]

       (1) The Presiding Officer of a meeting of the Corporation shall preserve order threat and shall have all the powers necessary for the purpose of preserving such order.

       (2) The Presiding Officer of a meeting may direct any Councillor 1 The words "or Alderman" omitted by s. 4(8) (b) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994).[* * *] whose conduct is in his opinion grossly disorderly, to withdraw immediately from the meeting, and every Councillor 2 The words "or Alderman" omitted by s. 4(8) (b) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994).[* * *] so directed shall do so forthwith and shall absent himself during the reminder of the meeting

S.101 A member of the Corporation having pecuniary interest in any contract, etc. with the Corporation

       (1) If a member of the Corporation has any pecuniary interest, direct or indirect, in any contract or proposed contract with or employment under or other matter concerning the Corporation and is present at a meeting of the Corporation or of a committee thereof at which such contract or employment or other matter is subject of consideration, he shall, as soon as practicable after the commencement of such meeting, disclose the fact, and shall not take part in the consideration or discussion of or vote on any question with respect to such contract or employment or other matter:

       Provided that the provisions of this section shall not apply to a member having interest as a rate-payer or an inhabitant of Kolkata or a consumer of water or having an interest in any matter relating to any civic service to the public.

S.102 Disclosure of pecuniary interest

       (1) A Councillor 1 The words "or an Alderman" omitted by s. 4(9) (a) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994).[* * *] may give to the Municipal Secretary a notice to the effect that he or his spouse is a member of a specified company or is a partner in a firm or is in the employment under a specified person, and if any contract is made or is proposed to be made with such company or firm or person, such notice shall, unless and until it is withdrawn, be deemed to be a sufficient disclosure of his interest in such contract or proposed contract which may be the subject of consideration at a meeting of the Corporation after the date of the notice.

       (2) The Municipal Secretary shall record in a book to be kept for the purpose particulars

S.103 Meeting to be ordinarily open to public

       (1) Every meeting shall be open to the public, unless a majority of the members of the Corporation present at the meeting decide by a resolution, which shall be put by the Presiding Officer either on his own motion or at the request of any such member without previous discussion, that any enquiry or deliberation pending before the Corporation shall be held in private.

       (2) The Corporation may make regulations providing for the admission of strangers to its meeting and for the removal by force, if necessary, of any stranger for interrupting or disturbing the proceedings of the meeting.

S.104 Right of Municipal Commissioner and other officers to attend meeting of Corporation and Committees, etc.

The Municipal Commissioner or any other officer of the Corporation authorised by him in writing in this behalf may attend any meeting of the Corporation or any of its committees.

S.105 Right of Councillors J83[* * *] to ask questions

       (1) A Councillor 1 The words "or an Alderman" omitted by s. 4(10)(b), ibid (with retrospective effect from 1.6.1994).[* * *] may, subject to the provisions of sub-section (2) ask the Mayor-in-Council questions on any matter relating to the administration of the Corporation or the municipal government of Kolkata and all such questions shall be addressed to the Mayor-in-Council and shall be answered either by the Mayor or by any other member of the Mayor-in-Council.

       (2) The right to ask a question shall be governed by the following conditions, namely :-

       (a) not less than seven working days' notice in writing specifying the question shall be given to the Municipal Secretary;
       (b) no question shall-
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S.106 Discussion on urgent public matters

       (1) Any Councillor 1 The words "or Alderman" omitted by s. 4(11) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994).[* * *] may give notice of raising discussion on a matter of urgent public importance to the Municipal Secretary specifying clearly the matter to be raised.

       (2) Such notice supported by the signatures of at least two other elected members shall reach the Municipal Secretary at least forty-eight hours before the date on which such discussion is sought and the Municipal Secretary shall immediately 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.

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S.107 Asking for statement from Mayor-in-Council

       (1) Any Councillor 1 The words "or Alderman" omitted by s. 4(12), ibid (with retrospective effect from 1.6.1994).[* * *] may ask for statement from the Mayor-in-Council on an urgent matter relating to the administration of the Corporation or the municipal government of Kolkata by giving a notice to the Municipal 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 either make a brief statement on the same day or fix a date for the same.

       (3) Not more than two such matters shall be raised at the same sitting and in the event of more than two matters being raised, priority shall be given to the matters which are in the opinion of the Chairman or, in his absence, the mem

S.108 Keeping of minutes and proceedings

       (1) Minutes of such meeting of the Corporation and a committee of the Corporation recording therein the names of the members present at such meeting and the proceedings of each such meeting shall be drawn up and entered in a book to be kept for that purpose and shall be laid before the next meeting of the Corporation or such committee, as the case may be, and signed at such meeting by the Presiding Officer thereof.

       1 Sub-section (2) omitted by s. 4(13) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994), which was earlier as under: "(2) Proceedings of each meeting of the Councillors for the election of any Alderman shall be drawn up in the like manner.".[***]

S.109 Circulation of minutes and inspection of minutes and reports of proceedings

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 person on payment of such fee as the Corporation may determine.

S.110 Forwarding of minutes and reports of proceedings to State Government

       (1) The Municipal Secretary shall forward to the State Government a copy of the minutes of the proceedings of each meeting of the Corporation and a Committee of the Corporation within a period of ten days from the date on which the minutes of the proceedings of such meeting are signed under section 108.

       (2) The State Government may in any case call for a copy or copies of any or all of the papers laid before the Corporation or any committee of the Corporation and thereupon the Municipal Secretary shall forward to the State Government a copy or copies of such paper or papers.

       (3) The Municipal Secretary shall forward to the State Government, as soon as may be after the expiry of the period referred to in sub-section (1), a copy of the proceedings

S.111 Rules relating to conduct of business of the Corporation

The State Government may, by rules, provide for such matters, not provided in this Act, relating to the conduct of business of the Corporation or of its Committees as it may deem necessary.

S.112 Validation of acts and proceedings

       (1) No act or proceeding of the Corporation or any Committee of the Corporation under this Act shall be called in question merely on the ground of-

       (a) the existence of any vacancy in, or any defect in the constitution of, the Corporation or any Committee of the Corporation, or
       (b) any member of the Corporation having voted or taken part in any proceedings in contravention of the provisions of section 101, or
       (c) any defect or irregularity not affecting the merit or any case to which such defects or irregularity relates.

       (2) Every meeting of the Corporation or any Committee of the Corporation, the minutes of the proceedings of which have been duly signed u

S.113 Power of the State Government to call for records, etc.

       The State Government may at any time require any municipal authority-
       (a) to produce any record, correspondence, plan or other documents,

       (b) to furnish any return, plan, estimate, statement, accounts or statistics, and

       (c) to furnish or obtain any report, and thereupon such authority shall comply with such requirement.

S.114 Power of the State Government to depute officers to make inspection or examination and report

The State Government may depute any of its officers to inspect or examine any department, office, service, work or property of the Corporation and to report thereon, and such officer may for the purpose of such inspection or examination exercise all the powers of the State Government under section 113.

S.115 Power of the State Government to require the municipal authorities to take action

       If, after considering the records, requisitioned under section 113 or the report under section 114 or any information received otherwise by the State Government, the State Government is of opinion-
       (a) that any action taken by a municipal authority is unlawful or irregular or any duty imposed on such authority by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner, or

       (b) that adequate financial provision has not been made for the performance of any duty under this Act, the State Government may by order require such authority to regularise such unlawful or irregular action or perform such duty or restrain such authority from taking such unlawful or irregular action or direct such authority to make, to the satisfaction of the Stat

S.116 Power of the State Government to provide for enforcement of order under section 115

       (1) If no action has been taken in accordance with the order under section 115 within the period specified therein or if no cause has been shown under the proviso to that section or if the cause shown under the said proviso is not to the satisfaction of the State Government, the State Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed from the Municipal Fund.

       (2) For the purpose of sub-section (1), it shall be lawful for the State Government to appoint, for such period as the State Government may think fit, any person considered suitable by it, who shall exercise and perform, subject to such directions as the State Government may issue from time to time, all or any of the powers and functions of the Municipal Authorities.

S.117 Power of the State Government to J89[dissolve] the Corporation

       (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 for the time being in force, or has exceeded or abused its powers, the State Government may by an order published in the Official Gazette, and stating reason therefor, declare the Corporation to be incompetent or in default, or to have exceeded or abused its powers , as the case may be, and 1 Subs, by s. 4(14) (b) (i), ibid (with retrospective effect from 1.6.1994) for the word "supersede".[dissolve] it for such period not exceeding 2 Subs, by s. 4(14) (b) (ii), ibid (with retrospective effect from 1.6.1994) for the words "twelve months".[six months] as may be specified in the order.

       (2) Befor

S.118 Consequences of J97[dissolution]

       (1) Notwithstanding anything contained in this Act or in any other law in force for the time being, with effect from the date of an order of 1 Subs. by s. 4(15)(b), ibid (with retrospective effect from 1.6.1994) for the word "supersession".[dissolution] made under sub-section (1) or sub-section (4) of section 11,-

       (a) all the members of the Corporation, the Mayor-in-Council and any Committee of the Corporation constituted under this Act, and the Mayor and the Chairman shall vacate their offices, and
       (b) all the powers and duties which, under the provisions of this Act or any rule or regulation made thereunder or of any law in force for the time being, may be exercised or performed by the members of the Corporation or the Mayor-in-Council or any Committee of the Corporation or the Mayor or t

S.119 Municipal Fund

       (1) There shall be a fund to be called the Municipal Fund to be 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 thereto.

       1 Sub-section (2) subs, by s. 7 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001), which was earlier as under: "(2) The Municipal Fund shall be maintained in the following five accounts, namely: (a) the Water-supply, Sewerage and Drainage Account, (b) the Road Development and Maintenance Account, (c) the Bustee Services Account, (d) the Commercial Projects Accounts, and (e) the General Account which shall relate to all moneys received by or on behalf of the Corporation other than those specified in clause (a), clau

S.120 Water-supply, Sewerage and Drainage Account

       (1) There shall be placed to the credit of the Municipal Fund in the Water-supply, Sewerage and Drainage Account-

       (a) an amount equal to thirty per cent, of the amount realised on account of the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] imposed under section 171 other than the amount realised from bustees;
       (b) the money realised by the Corporation under the provisions of Chapter XVII, Chapter XVIII and Chapter XIX;
       (c) such sum as may be transferred in each year by the Corporation from the General Account; and
       (d) the amount received from the State Government unde

S.121 Road Development and Maintenance Account

       (1) There shall be placed to the credit of the Municipal Fund in the Road Development and Maintenance Account-

       (a) such subvention as the State Government may give from time to time from the proceeds of the tax on motor vehicles;
       (b) fees realised on account of parking of vehicles under this Act;
       (c) an amount equal to twenty-five per cent, of the total grant made by the State Government to the Corporation under sub-section (2) of section 12 of the Taxes on Entry of Goods into Calcutta Metropolitan Area Act, 1972 (West Ben. Act V of 1972); and
       (d) the amount received from the State Government under sub-section (2).

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S.122 Bustee Services Account

       (1) There shall be placed to the credit of the Municipal Fund in the Bustee Services Account-

       (a) the amount of the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] realised from busfees;
       (b) such amount not less than rupees fifty lakhs in each year as may be transferred by the Corporation from the General Account; and
       (c) the amount received from the State Government under sub-section (2).

       (2) The State Government shall in each year give to the Corporation a sum not less than double the amount transferred by the Corporation

S.123 Commercial Projects Account

       (1) There shall be placed to the credit of the Municipal Fund in the Commercial Projects Account-

       (a) the receipts on account of the commercial projects of the Corporation; and
       (b) such sum as may be transferred in each year by the Corporation from the General Account.

       (2) The State Government shall in each year give to the Corporation an amount which shall include any money given by the State Government to the Corporation as subvention for a specific purpose or given towards the payment of salaries and allowances, if any, of the officers and employees of the Corporation referred to in section 14 and section 17 in so far as their work relates to commercial projects.
     &

S.123(a) Solid Waste Account

       Section 123Ains.bys.8 of theCalcutta Municipal Corporation (Amendment) Act,2001 (West Ben. Act Vlllof 2001) (with effect from 23.3.2001).There shall be placed to the credit of the Municipal Fund in the Solid Waste Account-
       (a) an amount equal to fifteen per cent, of the amount credited on property tax imposed under section 171;

       (b) the money or cheque credited by the Corporation under section 210B and under the provisions of Chapter XX;

       (c) such sum as may be transferred in each year by the Corporation from the General Fund;

       (d) the amount received from the State Government or from any other source saving the

S.124 Application of Municipal Fund

Subject to the provisions of sections 120,121,122 and 123 the moneys credited to the Municipal Fund from time to time 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 in force for the time being.

S.125 Expenditure on physical assets outside Kolkata

Expenditure on physical assets outside Kolkata may, for carrying out the purposes of this Act, be made if a resolution to that effect is carried by not less than one-half of the total number of members of the Corporation.

S.126 Operation of Bank Accounts

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 119 shall be operated by such officers of the Corporation as may be authorised by the Corporation by regulations.

S.127 Payments not to be made out of Municipal Fund unless covered by a budget grant

       No payment of any sum out of the Municipal Fund shall be made unless such 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:
       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 interest;
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S.128 Procedure when money not covered by a budget grant is paid

Whenever any sum is paid in any of the cases referred to in the proviso to section 127, the Municipal Commissioner shall forthwith communicate the circumstances of such payment to the Mayor-in-Council, and thereupon the Mayor-in-Council may take or recommend to the Corporation to take such action under the provisions of this Act as may appear to it to be feasible and expedient for covering the amount of such payments.

S.129 Temporary payments from the Municipal Fund for works urgently required in the public interest

       (1) On the written requisition of a Secretary to the State Government the Mayor-in-Council may at any time require the Municipal Commissioner to undertake the execution of any work certified by the Secretary to be urgently required in the public interest and, for this purpose, to make payment temporarily for such work from the Municipal Fund in so far as such payments can be made without unduly interfering with the regular work of the municipal Government.

       (2) The cost of all work so executed and of the establishment engaged in executing the same shall be paid by the State Government and credited to the Municipal Fund.

       (3) On receipt of any requisition under sub-section (1), the Mayor-in-Council shall forthwith forward a copy thereof to the Corp

S.130 Investment of surplus moneys

       (1) Surplus moneys standing at the credit of any of the accounts of the Municipal Fund which cannot, either immediately or at any 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 of the accounts to any other account without the previous approval of the State Government :
       Provided further that such surplus moneys standing at the credit of the Commercial Projects Account of the Municipal Fund shall not be transferred to the General Account of the Municipal Fund.

S.131 Annual Budget of the Corporation

       (1) The Corporation shall, on or before the 22nd day of March in each year, adopt for the ensuing year a budget estimate which shall be the estimate of the receipts and the expenditure of the Corporation to be received and incurred on account of the municipal government of Kolkata.

       (2) The budget estimate shall separately state the income and the expenditure of the Corporation to be received and incurred in terms of the following accounts-

       (a) the Water-supply, Sewerage and Drainage Account,
       (b) the Road Development and Maintenance Account,
       (c) the Bustee Service Account,
       (d) the Commercial Projects Account, and

S.132 Power of the Corporation to alter budget grants

       (1) The Corporation may, on the recommendation of the Mayor-in-Council from time to time during the year,-

       (a) increase the amount of any budget grant under any head,
       (b) make an additional budget grant to meet any special or unforeseen requirement arising during the same year,
       (c) transfer the amount or portion of the amount of the budget grant under any head to the account of the budget grant under any other head, or
       (d) reduce the amount of the budget grant under any head :
       Provided that due regard shall be had to all the requirements of this Act in increasing the amount of any budget-grant or in making any additional budget grant.
   &

S.133 Power of the Corporation to readjust income and expenditure during the year

       (1) If at any time during the year it appears to the Corporation that, notwithstanding any reduction of budget-grant under section 132, the money at the credit of the Municipal Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimate of that year, it shall be incumbent on the Corporation forthwith to take any measure which it may consider necessary for adjusting the expenditure to the income during the year.

       (2) For the purpose of sub-section (1), the Corporation may either diminish the sanction expenditure of the year, so far as it may be possible so to do with due regard to all the requirements of this Act or have recourse to supplementary taxation or to an increase in the taxes, surcharges, cesses and fees leviable under this Act or adopt all or any of those methods.

S.134 Power of the Corporation to raise loan

       (1) The Corporation may from time to time by a resolution in this behalf passed at a meeting of the Corporation raise a loan, by the issue of debentures or otherwise on the security of the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] or of all or any of the taxes, surcharges cesses and fees and dues under this Act or of both the 2 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] and all or any of the taxes, surcharges and cesses and 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 construct

S.135 Limit to the power of raising loan

Notwithstanding anything hereinbefore contained the power of the Corporation to raise a loan shall be limited so however 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.

S.136 Power of the Corporation to open a credit account with a bank

Notwithstanding anything contained in section 134, the Corporation may, when the raising of a loan is sanctioned by the State Government under that section, instead of raising such loan or any part thereof, take credit, on such terms as may be approved by the State Government, from any scheduled bank on a cash account to be kept in the name of the Kolkata Municipal Corporation Cash Account to the extent of such loan or any part thereof and, with the sanction of the 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 sums advanced from time to time on such cash account with interest.

S.137 Power of the Corporation to raise short-term loans

Notwithstanding anything contained in this Chapter, the Corporation may, with the previous sanction of the State Government, from time to time, take a short-term loan payable within any period not exceeding twelve months, from the State Bank of India or any other scheduled bank for such purpose, not being a purpose, referred to in sub-section (1) of section 134, on such terms and on furnishing such security for the repayment of such loan, as may be approved by the State Government: '
Provided that where the Corporation has taken any loan under this section, no further loan under this section shall be sanctioned by the State Government until the repayment of the previous loan.

S.138 Time for repayment of loan

The time for repayment of any loan raised under section 134 shall in no case exceed sixty years and the time for repayment of any loan raised for the purpose of discharging any previous loan shall not, except with the approval of the State Government extend beyond the unexpired portion of the period for which such previous loan was sanctioned.

S.139 Manner of repayment of loans

Every loan raised by the Corporation under section 134 shall be repaid within the time approved under that section and such repayment shall be made either (a) from a Shinking Fund established under section 145 in respect of such loan or (b) partly from such Sinking Fund and (to the extent to which such Sinking Fund falls short of the sum required for the repayment of such loan) partly from the loan raised for the purpose under section 134, as may be approved by the State Government.

S.140 Form and effect of debentures

All debentures issued under this Chapter shall be in such form, and shall be transferable in such manner, as the Corporation may by regulations 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.

S.141 Payment to survivors of joint payees

When any debenture or security issued under this Act is payable to two or more persons jointly and either or any of them dies, then, notwithstanding anything in section 45 of the Indian Contract Act, 1872 (9 of 1872), the debenture of security shall be payable to the survivor or survivors of such persons :
Provided that nothing in this section shall affect any claim by the representative of a deceased person against such survivor or survivors.

S.142 Receipt by joint holder for interest or dividend

Where two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debentures or security, unless notice to the contrary has been given to the Corporation by any other of such persons.

S.143 Power of the Corporation to consolidate loans

       (1)Notwithstanding anything contained in this Act, the Corporation may consolidate all or any of its loans or part thereof and for that purpose may invite tenders for a new loan (to be called "the Kolkata Municipal Consolidated Loan, 19/20-") and may invite holders of municipal debentures to exchange their debentures for scrip of such loan.

       (2) The terms of any such consolidated loan, and the rates at which the exchange of debenture as aforesaid shall be permitted, shall be subject to the previous approval of the State Government.

       (3) The period for the extinction of any such consolidated loan shall not, without the sanction of the State Government, extend beyond the furthest date within which any of the loans to be consolidated would otherwise

S.144 Priority of payments for interest and repayment of loans over other payments

All payments due from the Corporation on account of interest on, and repayment of, any loan under this Act shall have priority over all other payments due from the Corporation.

S.145 Establishment and maintenance of Sinking Funds for loans

       (1) The Corporation shall establish a separate Sinking Fund in respect of each loan raised under section 134 and shall credit to such fund every six months a sum which shall be so calculated that if regularly paid, such sum together with the compound interest accruing thereon would be sufficient, after payment of all expenses, to pay off the loan within the period approved by the State Government under the proviso to sub-section (1) of section 134.

       (2) The rate of interest accruing on the sum referred to in sub-section (1) shall be such as may be prescribed by the State Government.

S.146 Power to discontinue payment towards Sinking Fund

If at any time the sum standing at the credit of a Sinking Fund established under sub-section (1) of section 145 for the repayment of any loan is of such amount that if allowed to accumulate at the rate of interest prescribed under sub-section (2) of that section, it will be sufficient to pay off the loan within the period approved by the State Government under the proviso to subsection (1) of section 134, further payments towards such fund may, with the approval of the State Government, be discontinued.

S.147 Investment of the amount at the credit of a Sinking Fund

       (1) All moneys credited to 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 issued by the Calcutta Metropolitan Development Authority, or
       (e) debentures issued by the Trustees for the Improvement of Calcutta, or
       (f) debentures issued by the Board of Trustees for the Port of Calcutta, or
       (g) such other public securities as may be approved by the State Government, and shall be held by the

S.148 Power of the Corporation to reserve a portion of debentures, issued for raising loan, for investment

       (1) For the purpose of investment of any portion of the Municipal Fund, including Sinking Fund, in the debentures issued by the Corporation for raising a loan, the Corporation may, with the previous sanction of the State Government, reserve and set apart any portion of such debentures for issue at par thereto and in the name of the Corporation, provided that the intention so to reserve and set apart such debentures shall have been notified as a condition of raising the loan.

       (2) The issue of any debentures by the Corporation under sub-section (1) shall not operate to extinguish or cancel such debentures, but every such debenture shall be valid in all respects as if it were issued to and in the name of any other person.

       (3) The purchase by, or th

S.149 Discharge of the Corporation from liability under debentures in certain cases

       The Corporation shall -
       (1) when the amount due on a debenture has been paid on or after the date on which payment has become due, or

       (2) when a debenture has been renewed or a new debenture has been issued upon sub-division, amalgamation or exchange, or

       (3) when a duplicate debenture has been issued in lieu of one alleged to have been lost, stolen or destroyed, either wholly or in part, be discharged from all liabilities in respect of the debenture which has been so paid or renewed or in place of which new or duplicate debenture has been so issued,-

       (a) in the case of payment, after the lapse of six years fr

S.150 Application of Sinking Funds

Until any loan is wholly repaid, the Corporation shall not apply the money at the credit of a Sinking Fund established under this Act in respect of such loan for any purpose other than the purpose of repayment of such loan :
Provided that when any loan or part thereof raised after the commencement of this Act is consolidated under sub-section (1) of section 143, the Corporation shall transfer to the Sinking Fund established under sub-section (4) of that section the sum standing at the credit of the Sinking Fund in respect of the loan raised prior to such consolidation, or if a part of such loan is consolidated, such part of the sum at the credit of such Sinking Fund as is proportionate to the amount of such loan.

S.151 Annual statement by Municipal Commissioner

       (1) The Municipal Commissioner shall, at the end of each year, prepare a statement showing-

       (a) the amount which has been invested during the year under section 147,
       (b) the date of the last investment made during the year,
       (c) the aggregate amount of the securities in the hands of the Corporation at the end of the year, and
       (d) the aggregate amount which has been applied for the purpose of repayment of loan under section 150.

       (2) Every such statement shall be laid before a meeting of the Corporation and shall be published in the Official Gazette.

S.152 Annual examination of Sinking Funds

       (1) All Sinking Funds established under this Act shall be subject to annual examination by the auditors appointed under section 160 who shall ascertain whether the cash and the value of securities belonging thereto are equal to the amount which should be at the credit of such funds had the investment under section 147 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 (1) of section 145.

       (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

S.153 Power of the Corporation to borrow money from the State Government and attachment of Municipal Fund for recovery of such money

       (1) The Corporation may borrow money from the State Government for carrying out the purposes of this Act other than those referred to in clauses (a) to (g) of sub-section (1) of section 134, 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 the Municipal Fund or any portion thereof.

       (3) After such attachment an officer appointed in this behalf by the State Government shall deal with the fund so attached or the portion thereof in such manner as h

S.154 Attachment of Municipal Fund for securing payment into Sinking Fund

If the Corporation fails to make any payment or to transfer any sum under sub-section (4) or sub-section (5), as the case may be, of section 152, the State Government may attach the Municipal Fund or any portion thereof and thereupon the provisions of section 153 shall apply mutatis mutandis.

S.155 Accounts to be kept

The accounts of all financial transactions of the Corporation shall be kept in such manner and in such form as the State Government may from time to time prescribe.

S.156 Audit of accounts by the Chief Municipal Auditor

       (1) The Chief Municipal Auditor shall conduct a monthly internal audit of the accounts of the Corporation and shall report thereon to the Municipal Commissioner who shall cause an abstract of the receipts and expenditure of the month last preceding, to be placed before the Mayor-in-Council.

       (2) The Chief Municipal Auditor shall also conduct such other audit of the accounts of the Corporation as the Municipal Commissioner may from time to time direct.

       (3) For the purpose of audit of the accounts of the Corporation the Chief Municipal Auditor shall have access to all the accounts of the Corporation and all the records and correspondences relating thereto.

S.157 Report by the Chief Municipal Auditor

       (1) The Chief Municipal Auditor shall-

       (a) report to the Municipal Commissioner any material impropriety or irregularity which he may at any time observe in the accounts of the receipts and expenditure of the Corporation;
       (b) furnish to the Municipal Commissioner such information as he may from time to time require concerning the progress of audit.

       (2) As soon as may be after the commencement of each year the Chief Municipal Auditor shall deliver to the Municipal Commissioner, a report of the entire accounts of the Corporation for the previous year.

       (3) The Municipal Secretary shall cause the report as aforesa

S.158 Procedure to be followed by the Chief Municipal Auditor

       (1) The Chief Municipal Auditor shall audit the accounts of the Corporation with the assistance of the officers and the other employees subordinate to him.

       (2) In the discharge of his functions under this section, the Chief Municipal Auditor shall audit the accounts of-

       (a) expenditure from the revenue of the Corporation, expenditure on account of loan and works, and other expenditure, if any, and shall ascertain whether the moneys shown therein as having been disbursed were legally available for, and applicable to, the service or purposes to which they were applied and whether such expenditure was an expenditure authorised under this Act;
       (b) debts, deposits in the Sinking Funds, advances, suspense,

S.159 Power of the Chief Municipal Auditor to make queries, etc. and call for returns, etc.

       (1) Subject to such directions as the Municipal Commissioner may give in this behalf, the Chief Municipal Auditor may make such queries and observations, in relation to any of the accounts of the Corporation which he is required to audit and call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit.

       (2) Every such query or observation shall be promptly taken into consideration by the office of the Corporation to whom it may be addressed and shall be returned without delay with the necessary vouchers, statements, returns or explanations to the Chief Municipal Auditor.

       (3) The powers of the Chief Municipal Auditor with regard to the disapproval of and the procedure of settlement of objections to

S.160 Appointment and powers of auditors

       Sub-section (1) subs, by s. 9 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001), which was earlier as under: "(1) The accounts of the Corporation shall be audited from time to time by the State Government or by auditors appointed in that behalf by it.".[(1) The annual accounts of the preceding financial year of the Corporation shall be audited, at the end of the next financial year, by the State Government, or by the Auditor appointed by the State Government in this behalf.]

       (2) The Municipal Commissioner shall submit accounts to the auditors as required by them : Provided that the Municipal 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

S.161 Report and information to be furnished by auditors

       The State Government or the auditors appointed under section 160 shall-
       (a) forward to the Mayor-in-Council information on any material impropriety or irregularity which may be observed in the expenditure, or in the recovery of money due to the Corporation, or in the accounts of the Corporation;

       (b) forward to the Mayor-in-Council information on 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 forward 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 concerning the progress of audit as the Mayor-in-Cou

S.162 Mayor-in-Council to remedy defects and report to the State Government

       (1) The Mayor-in-Council, shall forthwith remedy any defects or irregularities that may be pointed out by the State Government or 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 and defect or irregularity, the auditors shall refer the matter to the State Government within such time and in such manner as the State Government may prescribe, and it shall be within the competence of the State Government to pass such orders thereon as it thinks fit.

       (2) If any order made by the State Government under sub-section (1) is not complied with, th

S.163 Reference of reports to the Municipal Accounts Committee

       (1) The Corporation shall refer all reports received under section 161 to the Municipal Accounts Committee for its 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 auditor's reports under section 161 for such decision as it thinks fit.

       (3) The Corporation shall publish the auditor's reports under section 161 together with the report of the Municipal Accounts Committee, if any, and the

S.164 Powers of the auditors to disallow, surcharge and charge

       (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 disallowance, 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 cop

S.165 Rights of appeal to a Civil Court or to the State Government

       Any person from whom any sum has been certified by the auditors under section 164 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 order as it thinks fit. The decisions of the State Government on such appeal shall be final.

S.166 Payment of certified amount

Where an amount is certified under sub-section (1) of section 164 to be due from any person, such amount, or where such person proceeds under section 165, 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 164, 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 Municipal Commissioner as an amount decreed by the Court of Small Causes of Calcutta.

S.167 Costs payable out of Municipal Fund

       (1) Any cost allowed by the Court under clause (a) of section 165 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 153 shall, with all necessary modifications, be deemed to apply in respect of such attachment.

S.168 Effect of non-payment of certified amount

Where a person from whom an amount is certified to be due under sub-section (1) of section 164 is a member of the Corporation or of a committee thereof or is an officer or employee of the Corporation and where such 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 165 has 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 166, 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.

S.169 Power of the State Government to make rules

       (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 form in which the accounts of the Corporation shall be kept under section 155;
       (b) the time within which, and the manner, in which, the matter referred to in the proviso to sub-section (1) of section 162 shall be referred to the State Government;
       (c) the publication of the auditors' report together with the report of the Municipal Accounts Committee under sub-section (3) of section

S.170 Taxes to be levied by the Corporation

       (1) The Corporation shall, for the purposes of this Act, have the power to levy the following taxes :-

       (a) a 1 Subs, by s. 2, ibid (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on lands and buildings,
       (b) 2 Clause (b) omitted by s. 3 of the Calcutta Municipal Corporation (Amendment) Act, 1992 (West Ben. Act IX of 1992) (with retrospective effect from 1.4.1990), which was earlier as under: "(b) atax on professions, trades and callings,".[****]
       (c) a tax on advertisements other than the advertisements published in newspapers 3 The word "and" omitted by s. 5(1) of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984).[* * * * ]
   &n

S.171 [Property tax] on lands and buildings

       (1) For the purposes of this Act, a 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on the annual value, determined under this Chapter, of lands and buildings in Kolkata shall be imposed by the Corporation.

       (2) Such 2 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] shall be,-

       (a) where the annual value does not exceed six hundred rupees, eleven per cent, of the annual value;
       (b) where the annual value exceeds six hundred rupees but does

S.172 Exemption of lands and buildings from j140[property tax]

       (1) Notwithstanding anything contained in the foregoing sections in this Chapter,-

       (a)
       (i) lands or buildings or portions thereof exclusively used for the purpose or public worship, or
       (ii) lands or buildings exclusively used for the purpose of public burial or as burning ground, or any other place used for the disposal of the dead duly registered under this Act, or
       (iii) open spaces including parade grounds which are the properties of Government, 1 Ins. by s.10(i) of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001).[or]
       2 Sub-clause (iv) ins. by s. 10(»), ibid (with effect from 23.3.2001).[(

S.173 Exemption of diplomatic or consular mission of a foreign State from payment of any rate, tax or fee

The State Government may, by order, exempt from the payment of any rate, tax or fee payable under the provisions of this Act any diplomatic or consular mission of a foreign State and the diplomatic or consular officers of such mission.

S.173(a) Exemption of lands and buildings of ex-servicemen

Section 173A ins. by s. 6 of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997). Notwithstanding anything contained in the foregoing provisions of this Chapter, the Mayor-in-Council may, by a resolution, exempt 25 per cent of the 2 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on any land or building 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 land or building.]

S.174 Determination of annual valuation

       (1) Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956 (West Ben. Act XII of 1956) or in any other law for the time being in force, for the purpose of assessment to the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax], the annual value of any land or building shall be deemed to be the gross annual rent including service charges, if any, at which such land or building might at the time of assessment be reasonably expected to let from year to year, less an allowance of ten per cent, for the cost of repairs and other expenses necessary to maintain such land or building in a state to command such gross rent:

       2 First proviso omitted by s.6(1) of the Kolkata Municipal Corporation

Legal Commentary on Section 174 of the Kolkata Municipal Corporation Act, 1980

Introduction

Section 174 of the Kolkata Municipal Corporation (KMC) Act, 1980, prescribes the procedure for determining the annual valuation of land and buildings within Kolkata for the purpose of property tax assessment. It establishes the basis, guidelines, and methodology to arrive at a fair and rational valuation, ensuring proper tax collection and compliance with statutory norms.

What does Section 174 Say?

Section 174 mandates that the annual value of land or buildings shall be deemed to be the gross annual rent at which such land or building might reasonably be expected to let from year to year, less a specified deduction for repairs and expenses. It provides detailed procedures for valuation, including considerations for vacant land, built-up properties, and special cases like Thika tenancies. The section also empowers authorities to fix, revise, and assess property values following prescribed guidelines.

Essential Ingredients

Basis of valuation: The gross annual rent that land/building might fetch.
Deduction: A standard deduction (commonly 10%) for repairs and maintenance.
Methodology: Use of actual rent, hypothetical rent, or capital value-based estimates.
Scope: Applies to both vacant land and built-up properties.
Procedural compliance: Adherence to guidelines issued by the Municipal Valuation Committee and statutory rules.
Revisions and appeals: Provisions for revising assessments and statutory remedies.

Scope of Section 174

Section 174 covers:- Determination of annual valuation for land and buildings.- Valuation of vacant land, built-up properties, and open land.- Application of different valuation methods depending on whether the property is let out or vacant.- Special provisions for properties under Thika tenancies.- The role of the Municipal Valuation Committee in recommending valuation parameters.- The process for revision and appeal against assessments.

Punishment for Section

While Section 174 itself primarily deals with valuation procedures, violations such as non-compliance with valuation guidelines or wrongful assessments can attract penalties under other provisions of the KMC Act, including penalties for tax evasion, concealment, or fraudulent assessments. Specific penalties are not directly prescribed in Section 174 but are governed by the broader penal provisions of the Act.

Legal Comments

"Basis of valuation" - The section emphasizes that the annual value should reflect the reasonable rent, whether actual or hypothetical, ensuring fair assessment [Kolkata Municipal Corporation VS Monojit Saha].
"Methodology" - The valuation must follow statutory guidelines, including considering actual rent, market rent, or capitalized value, avoiding arbitrary assessments [KAPOOR VS KOLKATA MUNICIPAL CORPORATION].
"Relevance of guidelines" - The detailed procedure laid down in the Act and the guidelines issued by the Municipal Valuation Committee must be strictly followed; deviations can be challenged [00900046637].
"Natural justice" - Orders and assessments must be reasoned and disclose basis, failing which they can be set aside under judicial review [Kolkata Municipal Corporation VS Kajari Banerjee].
"Assessment of vacant land" - The law mandates separate assessment for vacant land, typically at 7% of the estimated market value, rejecting any presumption that land should be assessed as part of the building [KOLKATA MUNICIPAL CORPORATION VS HARBANS LAL MALHOTRA AND SONS PVT. LTD. ].
"Role of brochures and documents" - Brochures or promotional material are not conclusive evidence for valuation; actual rent and market conditions should guide assessments [KAPOOR VS KOLKATA MUNICIPAL CORPORATION].
"Revision of assessments" - The Tribunal or assessing authority must follow statutory procedures, including providing reasons for revision, and cannot rely on judgments from unrelated cases or outdated assessments [Kolkata Municipal Corporation VS Anurag Jalan].
"Natural justice and fair hearing" - The principles of natural justice require that objections and submissions by the property owner are considered before finalizing valuation orders [Kolkata Municipal Corporation VS Kajari Banerjee].
"Appeals and statutory remedies" - Aggrieved parties must exhaust statutory remedies, such as appeals before the Municipal Assessment Tribunal, before approaching courts under Article 226 or 227 [Tirupati Niriyat Pvt. Ltd. VS Kolkata Municipal Corporation].
"Assessment of Thika Tenancies" - Property tax for Thika tenants is primarily leviable on the tenant, and assessments should be based on the applicable provisions (Section 175 before deletion, then Section 174) [Intally Talkies Pvt. Ltd. VS Kolkata Municipal Corporation].
"Assessment of service charges" - Inclusion of occupier’s share of taxes in gross rent for valuation purposes is permissible and does not amount to tax on tax [CALCUTTA MUNICIPAL CORPORATION VS DAMODAR ROPEWAYS AND, CONSTRUCTION COMPANY PRIVATE LTD. ].
"Natural justice in assessment" - Orders must be reasoned, and failure to disclose basis can be grounds for judicial intervention [Kolkata Municipal Corporation VS Kajari Banerjee].
"Judicial review" - Courts have held that assessments based on irrelevant or outdated judgments, or without proper reasoning, are liable to be set aside [00900046637].
"Procedural compliance" - The assessment process must adhere to the detailed procedures laid down in Sections 174 to 178, including proper inspection, valuation, and documentation [Kolkata Municipal Corporation VS Kusum Nahata].
"Exercise of discretion" - Authorities must exercise their discretion judiciously, considering all relevant factors, and avoid arbitrary or capricious assessments [KAPOOR VS KOLKATA MUNICIPAL CORPORATION].
"Equality among unequals" - The valuation process should ensure equitable treatment, especially when properties differ in size, location, or amenities, avoiding uniform assessments that ignore these differences [KAPOOR VS KOLKATA MUNICIPAL CORPORATION].
"Legal precedents" - Courts have consistently emphasized adherence to statutory procedures and reasons in assessment orders, reinforcing the importance of transparency and fairness [Kolkata Municipal Corporation VS Kajari Banerjee].

Conclusion

Section 174 of the Kolkata Municipal Corporation Act, 1980, provides a comprehensive framework for the fair and rational determination of property valuations within Kolkata. Strict adherence to statutory guidelines, transparency, reasoned orders, and natural justice principles are essential to uphold the legality and fairness of assessments. Judicial scrutiny has consistently reinforced the need for assessments to be based on actual, market, or reasonably estimated rents, with proper documentation and reasons, ensuring accountability and fairness in property tax administration.

Note: The references are based on the provided sources, summarized as bullet points for clarity.

S.175 Annual valuation of land, hut and building comprised in thika tenancies

       Section 175 subs, by s. 9 of the Calcutta Municipal Corporation (Amendment) Act, 1983 (West Ben. Act XXXII of 1983) (with effect from 4.1.1984).
       (1) Notwithstanding anything to the contrary contained in this Chapter, the annual value of any land comprised in a thika tenancy with hut or building made thereon, either in a bustee or otherwise, shall be deemed to be the gross annual rent at which such land with hut or building made thereon may reasonably be expected to let from year to year ten per cent, of such annual rent to maintain the said hut or building in a state to command such gross rent.

       (2) The annual value of any land, which is not built upon, comprised in a thika tenancy, either in a bustee or otherwise, excluding the land used for roads and other public uses, shall be deemed to be

S.176 Annual valuation of lands or buildings to various statutory bodies

       The annual value of any land or building belonging to 1 Ins. by s. 8(a) of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984).[the State Government or] any of the statutory bodies mentioned in clause (a) of subsection (8) of section 171 shall be deemed to be five per cent, of the cost of acquisition thereof, subject to any revision made in this behalf by the State Government on an application by any such body or by the Corporation.
       Explanation.- For the purpose of this section, the cost of acquisition shall mean,-

       (i) in the case of any land or building acquired under the Land Acquisition Act, 1894 (1 of 1894), as amended by the Calcutta Improvement Act, 1911 (Ben. Act V of 1911), the value of such land or building as d

S.177 Determination of annual valuation of building where land is exempted from j157[property tax]

Where any land is exempt from the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] under any law in force for the time being, the annual value of any building, erected on such land, which is in existence for more than one year and is not entitled to any exemption from the 2 Ins. by s. 8(b) of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984).[property tax] under this Act or any other law in force for the time being, shall be determined separately from the land in accordance with the provisions of this Chapter.

S.178 Municipal Assessment Code

       (1) The State Government may by rules provide for the detailed procedure for determination of the annual value of lands or buildings in Kolkata 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 independent and capable of separate enjoyment notwithstanding the fact that access to such

S.179 Periodic assessment

(1) The annual value of any land or building situated in any ward of the Corporation, which has been determined before and is 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 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on such land or building under this Act, until a fresh annual valuation is enforced under this Act. 2 Proviso added by s.10 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984).[Provided that the annual value of any such land or building, which has been made before but not finally determined on the date of commencement of this Act, shall be determined under the provisions of the Calcutta Municipal Act, 195

S.180 Revision of assessment

       (1) Notwithstanding anything contained in section 179, the Corporation may by resolution direct a general revaluation of lands and buildings in any ward of the Corporation or part thereof during the currency of any period specified under this Chapter,1 Ins. by s. 11 (1) of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984).[such general valuation shall have effect from the beginning of the quarter following that in which a notice under sub-section (2) of section 184 issued and shall remain in force in respect of each ward or portion thereof, as the case may be, for the unexpired portion of the period during which but for such revaluation the annual valuation would have remained in force.]

       (2) The 2 Subs, by s. 11 (2)(a),ibid (with effect from 15.5.1984) forthe words

S.181 Submission of returns and inspection of lands and buildings for purposes of assessment

(1) The Municipal Commissioner may, with a view of enabling him to determine the annual value of any land or building 1 Ins. by s. 6(1) (a) of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989).[in any ward or part thereof] and the person primarily liable for the payment of any 2 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on such land or building, 3 Subs, by s. 6(1) (b) of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989) for the words "by a written notice,".[by a public notice,] require the owner or the occupier of such land or building or portion thereof to furnish a return in such form, within such period and in accordance with such procedure as may be prescribed

S.182 Submission of returns for purposes of revision in the annual valuation of lands and buildings

To enable the Municipal Commissioner to revise the annual value of any land or building governed by any circumstances specified in sub-section (2) of section 180, except in respect of a case under clause (v) thereof, the owner or the person liable to pay the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] for such land or building shall furnish to the Municipal Commissioner, not later that the 31st day of March of the year immediately following, a return in such form as may be prescribed. 2 First and second provisos omitted by s. 12 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984).[* * * * * ] 3 Third proviso omitted by s. 13 of the Calcutta Municipal Corporation (Amendment) Act, 1983 (West Ben. Act XXXII of 1983) (wit

Legal Comments

"Section 182" - Returns/self-assessment as part of revision of annual valuation - [Sources show 182A references; primary focus is 182/182A on returns for revision and self-assessment; explicit Section 182 content not provided in sources] -
"Tower as building" - Tower affixed to building constitutes a "building" under Section 2(5); need prior sanction under Sections 392 and 393; post-facto regularization not permitted; Estoppel cannot defeat statute - [Lipika Das VS Kolkata Municipal Corporation - 2012 0 Supreme(Cal) 805] - [Lipika Das VS Kolkata Municipal Corporation - 2012 0 Supreme(Cal) 805]
"Post facto regularization" - Act does not provide post facto regularization for unauthorized construction; Section 400(1) imposes duty to remove; 400(8) and regularization regulations limited and contested; discretion to regularize generally not available - [Rajesh Verma VS Kolkata Municipal Corporation - Calcutta (2014)] - [Rajesh Verma VS Kolkata Municipal Corporation - Calcutta (2014)]
"Unauthorized construction: regularization not allowed" - Regulations under 400(1), 390-400; Regularization only as per Section 413A provisions; Regularization not permissible generally - [Haran Ghosh VS Kolkata Municipal Corporation - Calcutta (2014)] - [Haran Ghosh VS Kolkata Municipal Corporation - Calcutta (2014)]
"Section 400(1) vs 400(8)" - Notice to demolish must follow hearing rights; Third proviso/regulations address minor deviations; 400(8) cannot override 400(1) hearing rights; jurisdictional limits on Special Officer Building - [Nirmal Kumar Das also known as Nirmal Das VS Kolkata Municipal Corporation - 2023 0 Supreme(Cal) 1048] - [Nirmal Kumar Das also known as Nirmal Das VS Kolkata Municipal Corporation - 2023 0 Supreme(Cal) 1048]
"Demolition with hearing requirement" - Notice to show cause under 400(1) requires opportunity to be heard; tenants generally lack locus to challenge unless they are responsible for construction per Section 400(1) interpretation - [SANJAY MEHTA VS KOLKATA MUNICIPAL CORPORATION - 2006 0 Supreme(Cal) 663] - [SANJAY MEHTA VS KOLKATA MUNICIPAL CORPORATION - 2006 0 Supreme(Cal) 663]
"Locus standi of tenants" - Tenants of unauthorized construction generally lack standing to challenge demolition; “person at whose instance” interpreted to mean owner/occupier/responsible person; tenants not involved in construction typically excluded - [SANJAY MEHTA VS KOLKATA MUNICIPAL CORPORATION - 2006 0 Supreme(Cal) 663] - [SANJAY MEHTA VS KOLKATA MUNICIPAL CORPORATION - 2006 0 Supreme(Cal) 663]
"Police cooperation for demolition" - Police have statutory obligation to assist in enforcing demolition orders by Special Officer; mandamus to ensure cooperation - [Biproarshi Guha VS State of West Bengal - 2008 0 Supreme(Cal) 775] - [Biproarshi Guha VS State of West Bengal - 2008 0 Supreme(Cal) 775]
"Section 400(1) vs hearing rights in 400(3)" - Right of appeal under 400(3) available to those entitled to hearing under 400(1); tenants not entitled to 400(1) challenge; appeal mechanism remains for those with locus - [SANJAY MEHTA VS KOLKATA MUNICIPAL CORPORATION - 2006 0 Supreme(Cal) 663] - [SANJAY MEHTA VS KOLKATA MUNICIPAL CORPORATION - 2006 0 Supreme(Cal) 663]
"Defence/defence land immunity" - Government Buildings Act (1899) immunizes defence-related construction from KMC action; Act 1980 cannot apply to defence buildings; actions beyond jurisdiction set aside - [Union of India VS State of West Bengal - 2018 0 Supreme(Cal) 638] - [Union of India VS State of West Bengal - 2018 0 Supreme(Cal) 638]
"Heritage decisions and CH XXIII-A" - KMC authority to declare heritage precincts; Heritage Commission Act 2001 not impliedly repealing XXIII-A; reliance on Heritage Committee recommendations; due process respected; writ petition dismissed with directions to refund license fees - [Selvel Advertising Pvt. Ltd. VS Kolkata Municipal Corporation - 2010 0 Supreme(Cal) 979] - [Selvel Advertising Pvt. Ltd. VS Kolkata Municipal Corporation - 2010 0 Supreme(Cal) 979]
"Public park closure – State Government approval mandatory" - Section 353 requires State Government approval as condition precedent; subjective public interest assessment by CM, Mayor-in-Council, and State Government - [PRABLR KUMAR DUTTA VS CALCUTTA MUNICIPAL CORPORATION - 2003 0 Supreme(Cal) 360] - [PRABLR KUMAR DUTTA VS CALCUTTA MUNICIPAL CORPORATION - 2003 0 Supreme(Cal) 360]
"Drainage/charges without regulations" - Drainage/sewerage charges require regulations under Section 289(3) read with 307; absence of regulations invalidates demand; enforcement cannot proceed - [Fabworth Promoters Pvt. Ltd. VS Kolkata Municipal Corporation - Calcutta (2014)] - [Fabworth Promoters Pvt. Ltd. VS Kolkata Municipal Corporation - Calcutta (2014)]
"Section 397 – sanction building plan" - Building plans: building plan sanction disputed; Commissioner has discretionary power to pass a reasoned order after hearing; matter referred for fresh reasoned order - [BHASKAR BASU VS KOLKATA MUNICIPAL CORPORATION - 2015 0 Supreme(Cal) 508] - [BHASKAR BASU VS KOLKATA MUNICIPAL CORPORATION - 2015 0 Supreme(Cal) 508]
"Annual valuation: natural justice in MAT/Hearing Officer" - Tribunal orders must be reasoned; disregard of statutory procedure leads to setting aside and fresh disposal with strict compliance - [Kolkata Municipal Corporation VS Anupama Jain - 2018 0 Supreme(Cal) 669] - [Kolkata Municipal Corporation VS Anupama Jain - 2018 0 Supreme(Cal) 669]
"Section 189(6) – statutory appeal deposits" - Statutory appeal cannot be entertained unless deposits as per Section 189(6) are made; non-compliance defeats right to appeal; courts direct conformance - [Kolkata Municipal Corporation VS Shishir Gupta - 2017 0 Supreme(Cal) 874] - [Kolkata Municipal Corporation VS Shishir Gupta - 2017 0 Supreme(Cal) 874]
"Section 174 second proviso (150 sqm cap)" - MAT’s reduction of annual valuation must consider second proviso; cap on residential occupation area may restrict reductions; revisional authority limited by proviso - [Kolkata Municipal Corporation VS Rathindra Nath De Sarkar - 2016 0 Supreme(Cal) 367] - [Kolkata Municipal Corporation VS Rathindra Nath De Sarkar - 2016 0 Supreme(Cal) 367]
"Section 289/307 – drainage connections fees" - Fees for drainage connections require regulations under Section 289; absence of regulations renders demands illegal - [Merlin Developers VS Kolkata Municipal Corporation - 2016 0 Supreme(Cal) 838] - [Merlin Developers VS Kolkata Municipal Corporation - 2016 0 Supreme(Cal) 838]
"Property tax refund: no interest under Section 197 amendment" - Amended Section 197 provides no interest on refunds; Interest Act not applicable; KMC not liable for interest on refunded amount - [Abhishek Karnani VS Kolkata Municipal Corporation - 2015 0 Supreme(Cal) 748] - [Abhishek Karnani VS Kolkata Municipal Corporation - 2015 0 Supreme(Cal) 748]
"Section 353 – public park closure: Section 353 mandatory Government approval" - Earlier: mandatory State Government approval; subjective satisfaction on public interest; set aside CM/MC actions without government approval - [PRABLR KUMAR DUTTA VS CALCUTTA MUNICIPAL CORPORATION - 2003 0 Supreme(Cal) 360] - [PRABLR KUMAR DUTTA VS CALCUTTA MUNICIPAL CORPORATION - 2003 0 Supreme(Cal) 360]
"Section 184(4) – notice to recorded owner only" - Notice of hearing under Section 184 to owner/lessee; non-recorded owner not entitled to hearing; transfer of title must be recorded per Section 183 - [Kolkata Municipal Corporation VS Ram Niranjan Kajaria - 2008 0 Supreme(Cal) 803] - [Kolkata Municipal Corporation VS Ram Niranjan Kajaria - 2008 0 Supreme(Cal) 803]
"Amendment viability of Section 6 (Mayor eligibility)" - 2018 amendment allowing non-member to be elected Mayor subject to subsequent election within 6 months; upheld as intra vires; not violative of Article 243R; interpretation of legislative competence - [Belquis Begum VS State Of West Bengal - 2019 0 Supreme(Cal) 265] - [Belquis Begum VS State Of West Bengal - 2019 0 Supreme(Cal) 265]
"Public utility pay/remove order" - Pay-and-use toilets; mandatory prior sanction; post-facto sanction cannot cure; public streets closure must follow statute; remove instead of regularize - [BALADEV BASU ALIAS DAVE BASU VS KOLKATA MUNICIPAL CORPORATION - 2017 0 Supreme(Cal) 646] - [BALADEV BASU ALIAS DAVE BASU VS KOLKATA MUNICIPAL CORPORATION - 2017 0 Supreme(Cal) 646]
"Section 192(1)(vi) – extraordinary power to revise valuation" - Extraordinary power to correct long-standing errors; exercised sparingly; must be supported by substantial evidence and hearing; court can set aside if not justified - [Kolkata Municipal Corporation VS Rathindra Nath De Sarkar - 2016 0 Supreme(Cal) 367] - [Kolkata Municipal Corporation VS Rathindra Nath De Sarkar - 2016 0 Supreme(Cal) 367]
"Amendment to 400(1) – Regularization via 2014 Act and 2020 circulars" - Debate on regularization powers; third proviso/regulations address minor works; regularization not universally allowed; due process concerns in 48367 context - [Nirmal Kumar Das also known as Nirmal Das VS Kolkata Municipal Corporation - 2023 0 Supreme(Cal) 1048] - [Nirmal Kumar Das also known as Nirmal Das VS Kolkata Municipal Corporation - 2023 0 Supreme(Cal) 1048]
"Section 174/180 interplay – reassessment vs mutation" - Proviso to 183(5) prevents withholding mutation for arrears; 180 proscribed revision effective from following quarter; reassessment ordered with timelines - [ANIRUDDHA BASU VS KOLKATA MUNICIPAL CORPORATION - 2005 0 Supreme(Cal) 748] - [ANIRUDDHA BASU VS KOLKATA MUNICIPAL CORPORATION - 2005 0 Supreme(Cal) 748]
"Port Trust vs KMC: retrospective valuation" - Calcutta Port Trust: no retrospective effect on revised annual valuation; arrears realization limited to specified periods; mandamus to cancel retrospective effect - [BOARD OF TRUSTEES FOR THE PORT OF KOLKATA VS KOLKATA MUNICIPAL CORPORATION - 2002 0 Supreme(Cal) 399] - [BOARD OF TRUSTEES FOR THE PORT OF KOLKATA VS KOLKATA MUNICIPAL CORPORATION - 2002 0 Supreme(Cal) 399]

Note: The above entries summarize key points drawn from the provided sources relating to Act and Section 182 context where applicable. Where sources did not explicitly discuss Section 182, related themes in Section 182A/annual valuation revisions or notice/hearing procedures that interact with 182-based processes have been referenced.

S.182A Self-assessment and submission of return

       Section 182A subs, by s. 11 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995), which was earlier ins. by s.13 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1994) as under : "182A. Non-compliance of the requirements of section 181 or 182.- Whoever fails to comply with a notice or defaults in furnishing a return as required under section 181 or section 182 shall not be entitled to file objection to any assessment to which such notice or return relates."
       (1)Notwithstanding anything to the contrary contained elsewhere in this Act, any owner or person liable to pay the 2 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on-

       (a) any new bui

S.183 Notice of transfers

       (1) Whenever the title of any person to any land or building is transferred, such person, if primarily liable for the payment of 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on such land or building, and the person to whom the title is so transferred shall, within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Municipal Commissioner.

       (2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of such land or building devolves shall, within six months from the date of death of the form

S.184 Public notice and inspection of assessment list

       (1) When the annual valuation under sub-section (2) of section 179 or a general revaluation under sub-section (1) of section 180 in any ward of the Corporation or part thereof, as the case may be, has been completed, the Municipal Commissioner shall cause the respective valuation to be entered in an assessment list in such form and containing such particulars with respect to each land or building as may be prescribed.

       (2) When the assessment list has been prepared the Municipal Commissioner shall give public notice thereof and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee, sub-lessee or occupier of any land or building include in the list and any authorised agent of such person shall be at liberty to inspect the list and to take extracts therefrom free of charge.
&n

S.185 Amendment of assessments

The Municipal Commissioner may for reasons to be recorded in writing amend any annual valuation in the assessment list prepared under 1 Subs, by s. 14 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for words, brackets and figures "sub-section (1) of section 184 or any revision made under sub-section (2) of section 180".[sub-section (1) or sub-section (4) of section 184] at any time before the date specified for review under the provisions of sub-section (3) or sub-section (4) of section 184 as the case may be : Provided that in the case of such amendment, a fresh notice stating the amended valuation shall be issued to the owner or to any lessee, sub-lessee or occupier of the land or the building and such notice shall also specify the place, time and date, not less than one month thereafter, when the Municipal Commissioner will proceed to consider su

S.186 Objections against valuation of assessment

Subject to the provisions of section 181 or section 182, any objection to the annual value of a land or building as entered in the assessment list shall be made by the owner or the person liable to pay the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax], in writing, to the Municipal Commissioner before the date fixed in the notice under section 184 2 Ins. by s. 15 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984).[or section 185] and shall state in what respect the annual value is disputed.

S.187 Appointment of an officer to hear objections

       (1) 1 Subs, by s. 9 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989) for the words "The State Government shall appoint an officer on such terms and conditions as it".[The Corporation shall, with the approval of the State Government, appoint an officer on such terms and conditions as the State Government] may determine to hear and determine the objections to the annual valuations of lands or buildings entered in the assessment list.

       (2) The officer appointed under sub-section (1) shall be paid from the Municipal Fund such salary and allowances as the State Government may determine.

       (3) The officer as aforesaid may make such queries and observations in relation to any entry in the

S.188 Hearing of objections

       (1) Objections filed under section 186 shall be entered in a register maintained for the purpose in such manner as may be prescribed.

       (2) On that date, time and place specified under sub-section (3) or subsection (4) of section 184 and after giving the person filing the objections an opportunity of being heard, either in person or through an authorised agent, the officer appointed under section 187 shall determine the objections.

       (3) When an objection has been determined, the order in this behalf shall be recorded in the register maintained under sub-section (1) with the date, and a copy of the order shall be supplied within 1 Subs, by s. 10 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from

S.189 Appeal before the Municipal Assessment Tribunal

       (1)There shall be a Municipal Assessment Tribunal for hearing and disposal of an appeal against an order passed under section 188.

       (2) The Tribunal shall consist of a Chairman and such number of other members not exceeding five as the State Government may determine.

       1 Provisos subs, by s. 13(a) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995) for the existing proviso, which was earlier added by s. 11 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989) as under: "Provided that the Chairman may constitute one or more Benches, each Bench comprising one or more members, for discharging the functions of th

S.190 The final valuation

Every valuation in the assessment list prepared under section 184 shall, subject to the provisions of section 185 or the order section 188 or section 189 be final.

S.191 The Municipal Assessment Book

       (1) The annual valuation of lands and buildings as determined under section 190 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 Commissioner may at any time make such corrections in the Municipal Assessment Book as may be necessary to incorporate changes required to be made in accordance with the provisions of this Act or removal of patent errors or defects on the face of records.

       (4) The Municipal Assessment Book duly authenticated in the manner prescribed shall be kept in the office of the Corporation and shall be open for ins

S.192 Amendment of Municipal Assessment Book

       1 Original section 192 renumbered as sub-section (1) of that section by s. 18 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984).[(1)] Notwithstanding anything contained in section 190 the Municipal Commissioner may, at any time, amend the Municipal Assessment Book-

       (i) by inserting therein the name of any person whose name ought to be inserted; or
       (ii) by inserting therein any land or building previously omitted together with valuation thereof; or
       (iii) by striking out the name of any person 2 Ins. by s. 18(a), ibid (with effect from 15.5.1984).[or any land or building] not liable for the payment of 3 Subs, by s. 2 of the Calcutta Municipal Corporation [Amendment) Act, 200

S.193 Incidence of j222[property tax] on lands and buildings

       (1)The 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (w.e.f. 23.3.2001) for the words "consolidated rate".[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 sublet, upon the person in whom the right to let such land or building vests.

       (2) The 2 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (w.e.f. 23.3.2001) for the words "consolidated rate".[property tax] on any land or building

S.194 Apportionment of liability for j231[property tax] on land or building when the premises assessed are let or sublet

(1) If the annual valuation of any land or building exceeds the amount calculated on the basis of the rent of such land or building payable to the person upon whom the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (w.e.f. 23.3.2001) for the words "consolidated rate".[property tax] on such land or building is leviable under section 193, such person shall be entitled to receive from his tenant the difference between the amount of the 2 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on such land or building and the amount which would be leviable if the 3 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on such

S.195 Recovery of j232[property tax] on lands and buildings from occupiers

(1) On the failure to recover any sum due on account of 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on any land or building from the person primarily liable thereof under section 193, 2 Subs, by s. 20 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for the words "the Municipal Commissioner shall recover".[the Municipal Commissioner shall, notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956 or in any other law for the time being in force, recover] from every occupier of such land or building, by attachment of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier be

S.196 Payment of property tax] on any lands and buildings

Section 196 subs, by s. 10 of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997), which was earlier as under: "196. Payment of consolidated rate of lands and buildings.-Save as otherwise provided in this Act, the consolidated rate on any land or building under this Chapter shall be paid by the person liable for the payment thereof in quarterly instalments on such dates and in such manner as the Corporation may determine by regulations.". (1) Save as otherwise provided in this Act, the 2 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on any land or building under this Chapter shall be paid by the person liable for the payment thereof in quarterly instalments and, for the purposes of this section, each quarter shall be deemed to com

S.197 Payment of j242[property tax] in case of objection or appeal

       (1) When an objection to a valuation has been made under section 186, the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] shall, pending the determination of the objection under section 188, be payable on the previous valuation in the usual manner.

       (2) If, after the objection has been determined under section 188, the previous valuation is altered, or after the appeal has been disposed of under section 189, the valuation decided under section 188 is altered, then-

       (a) any sum paid or deposited under section 189 in excess shall be refunded or allowed to be set-off against any present or future demand of the Corpo

S.198

Section 198 omitted by s. 15 of the Calcutta Municipal Corporation (Amendment) Act, 1983 (West Ben. Act XXXII of 1983) (with effect from 4.1.1984).[* * *]

S.199 Certificate of enlistment for profession, trade and calling

Section 199 subs, by s. 4(b), ibid (with retrospective effect from 1.4.1990), which was earlier as under: "199. Tax on professions, trades or callings.- Every person engaged in any profession, trade or calling in Calcutta as mentioned in Schedule IV shall be liable to pay to the Corporation a tax 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.".
2 Sub-section (1) subs, by s. 14(a) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995), which was earlier as under: "(1) Every person engaged or intending to be engaged in any profession, trade or calling in Calcutta as mentioned in Schedule IV, either by himself of by an agent or representative,

S.200

Section 200 omitted by s. 4(c) of the Calcutta Municipal Corporation (Amendment) Act, 1992 (West Ben. Act IX of 1992) (with retrospective effect from 1.4.1990), which was earlier as under: "200. Enlistment for payment of tax on profession, trade or calling.- (1) Every person liable to pay tax under section 199 shall obtain a certificate of enlistment from the Municipal Commissioner. (2) Every person required to obtain a certificate of enlistment shall, within ninety days from the date of coming into force of this Act, or if he was not engaged in any profession, trade or calling on that date, within ninety days of his becoming liable to pay tax or within ninety days of his becoming liable to pay tax at a rate higher or lower than the one mentioned in his certificate of enlistment, apply for a certificate of enlistment or a revised certificate of enlistment, as the case may be, to the Municipal Commissioner in such form as may

S.201

section 201 omitted by s. 4(d) of the Calcutta Municipal Corporation (Amendment) Act, 1992 (West Ben. Act IX of 1992) (with retrospective effect from 1.4.1990), which was earlier as under: "201. Fine for not paying tax under section 199.- If any person exercises or carries on in Calcutta, either by himself or by an agent on or after the date due for the payment of tax under section 199 any profession, trade or calling referred to in Schedule IV without the payment of tax due under section 199, he shall be punished with fine which- (i) may extend to an amount equal to five times the amount payable as such tax, and (ii) shall not ordinarily be less than an amount equal to two times such tax.".[***]

S.202 Prohibition of advertisements without written permission of the Municipal Commissioner

       (1) No person shall erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame, post, kiosk or structure any advertisement, or display any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematograph), in any place within Kolkata without the written permission of the Municipal Commissioner.

       (2) The Municipal Commissioner shall not grant such permission if-

       (a) a licence for the use of the particular site for purpose of advertisement has not been taken out, or
       (b) the advertisement contravenes any provisions of this Act or the rules or the regulations made thereunder, or

S.203 Licence for use of site for purpose of advertisement

       (1)Except under and inconformity with the terms and conditions of a licence, no person being the owner, lessee, sub-lessee, occupier or an advertising agent shall use or allow to be used any site in any land, building, wall or erect or allow to be erected on any site, any hoarding, frame, post, kiosk, structure, neon-sign or sky-sign for the purpose of display of any advertisement.

       (2) For the purpose of advertisement, every person-

       (a) using any site before the commencement of this Act, within ninety days from the date of such commencement, or
       (b) intending to use any site, or
       (c) whose licence for use of any site is about to expire, shall apply for a lic

S.204 Tax on advertisements

       (1) Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post, kiosk or structure any advertisement or, displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematograph) shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rate as the Corporation may determine by regulations 1 Ins. by s. 13(1) (a) of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997).[or as the budget estimate shall state under sub-section (3) of section 131] :

       2 First proviso omitted by s. 13(1)(b), ibid (with effect from 22.12.1997), which was earlie

S.205 Permission of Municipal Commissioner to become void in certain cases

       The permission granted under section 202 shall become void-
       (a) if the advertisement contravenes any regulations made under this Act; or

       (b) if any material change is made in the advertisement or any part thereof without the previous permission of the Municipal Commissioner; or

       (c) if the advertisement or any part thereof falls otherwise than through accident; or

       (d) if due to the work by Government, Corporation or by any statutory authority, the advertisement 1 Subs, by s. 14(1), ibid (with effect from 22.12.1997) for the words "has to be displaced.".[has to be displaced; or]

S.206 Licence for use of site for purpose of advertisement to become void in certain cases

       The licence granted under section 203 shall become void-
       (a) if the licencee contravenes any terms and conditions of licence; or

       (b) if any addition or alteration is made to, or in the building, wall, hoarding, frame, post, kiosk, or structure upon or over which the advertisement is erected, exhibited, fixed or retained;or

       (c) if the building, wall, hoarding, frame, post, kiosk or structure over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed.

S.207 Presumption in case of contravention

Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post, kiosk or structure or displayed to public view from a public street or public place in contravention of the provisions of this Act or any regulations made thereunder, it shall be presumed, unless the contrary is proved, that the contravention has been committed by the person or persons on whose behalf the advertisement purports to be or the agents of such person or persons.

S.208 Power of the Municipal Commissioner in case of contravention

       If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or any regulations made thereunder, the Municipal Commissioner may require the owner or the occupier of the land, building, wall, hoarding, frame, post, kiosk 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 land, building or property and cause the advertisement to be dismantled, taken down, removed, spoiled, defaced or screened.
       Explanation I, -The word "structure" in this Chapter includes any movable board on wheels used as an advertisement or advertisement medium.

       Explanation II.- The word "advertisement" in relation to a tax on advertisement under this Act shall mean any word, model, sign,

S.208(a) Removal of poster, hoarding, etc.

Section 208A ins. by s. 15 of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997). Notwithstanding any other action that may be taken against the owner or the occupier of any land or building, upon or over which there is any hoarding, frame, post, kiosk or structure for erecting any advertisement in contravention of the provisions of this Act or any regulations made thereunder, or the person who owns such hoarding, frame, post, kiosk or structure, the Municipal Commissioner may, for removal and storage of such hoarding, frame, post, kiosk or structure, realise from the person who owns such hoarding, frame, post, kiosk or structure, such charges as may be fixed by the Mayor-in-Council from time to time.]

S.209 Fine for not paying tax under section 204

       If any person erects, exhibits, fixes or retains any advertisement referred to in this Chapter without paying the tax under section 204, he shall be punished with fine which-
       (i) may extend to an amount equal to three times the amount payable as such tax, and

       (ii) shall not ordinarily be less than an amount equal to one-and-half times of such tax.

S.209(a) Tax on carts

       (1) A tax at the rate mentioned in Schedule IX shall be payable for every cart kept or used within Kolkata (other than a cart owned by the State Government or the Corporation or a municipality) at the Municipal office or such other place within or outside Kolkata as may be specified by the Corporation in this behalf.

       (2) On payment of such tax half-yearly in advance the Municipal Commissioner shall issue in such form as may be specified by the Corporation by regulation a certificate of registration (together with a certified copy) in favour of the owner of the cart.

S.209(b) Registration and numbering of carts

       (1) Every cart kept or used within Kolkata registered under section 209A shall be borne in a book maintained for the purpose showing the name and residence of the owner of the cart and the place where the cart is ordinarily kept and such registration shall be renewed half-yearly. Every cart so registered shall have a number-plate showing the registration number affixed to it in such manner as the Corporation may direct.

       (2) An amount of rupees ten shall be payable half-yearly to the Municipal office or any other place of registration in respect of each such number-plate.

       (3) The Corporation 'may specify the date or dates for the purpose of registration of carts for each half-year.

  &nb

S.209(c) Fresh registration on transfer of ownership

When the ownership of a cart registered under this Chapter is transferred during the validity of registration, it shall be registered afresh in the name of the transferee and an additional fee of rupees twenty shall be payable for such registration.

S.209(d) Effect of non-registration

       (1) The Municipal Commissioner or any public-officer within the meaning of the Calcutta and Suburban Police Act, 1866 (Ben. Act II of 1866) or the Calcutta Police Act, 1866 (Ben. Act IV of 1866) shall have the power to seize any cart kept or used within Kolkata if the same has not been duly registered under this Chapter or registered under provision applicable to any other local body under any other law in force and to detain the same for such period as may be determined by the Municipal Commissioner.

       (2) If within a period of fifteen days from the date of seizure of any cart under sub-section (1) the authorised possession of the cart is not established to the satisfaction of the Municipal Commissioner by any person or production of the certificate of its registration, the cart shall be confiscated, dismantled and sold in public auctio

S.209(e) Issue of pullers ticket

       (1) Any person driving or pulling or pushing a cart registered under this Chapter shall keep with him a ticket (bearing a passport size photograph of the driver or the puller) issued by the Municipal Commissioner which shall be valid for the half-yearly period of registration and shall contain such particulars as may be specified by the Corporation by regulations.

       (2) The ticket as aforesaid shall be obtained from the Corporation on payment of a fee of rupees five for each half-year on submission of an application along with two passport size photographs of the driver or the puller.

       (3) The owner of the cart shall deliver to the driver or the puller of the cart certified copy of the Certificate of registration issued by the Municipal Commissione

S.209(f) Tax on carriages

A tax at the rate mentioned in Schedule IX shall be payable for every carriage kept or used within Kolkata (other than a carriage owned by the State Government for use of the Governor or his staff or household or for the purpose of the police or the military or kept by a bona fide dealer only for the purposes of sale) in advance in respect of each half-year.]

S.210 Toll on roads

The Corporation may, with the sanction of the State Government, establish a toll bar on any public street in Kolkata and levy a toll at such toll bar on vehicles at such rates as may be determined by the State Government from time to time.

S.210(a) Levy of surcharge on transfer of lands

       Sections 210A and 21 OB ins. by s. 16 of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997).
       (1) The Corporation shall levy a surcharge on the transfer of immovable property situated within Kolkata, in the form of additional stamp duty.

       (2) The rate of the surcharge, and the manner of-

       (a) collection of 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.

S.210(b) Levy of special conservancy charge

       (1) The Corporation may levy a special conservancy charge on the commercial and industrial establishments for providing municipal services in connection with removal of solid wastes.

       (2) The special conservancy charge for the purpose of sub-section (1) shall be such as may be determined by the Corporation from time to time.

       (3) The Corporation may make regulations specifying the occasions on which such special conservancy charge may be imposed as well as the rate of special conservancy charge, the mode of collection and other matters incidental thereto.]

S.211 Collection of Howrah Bridge Tax

Subject to the provisions of the Howrah Bridge Act, 1926 (Ben. Act IV of 1926), the Corporation may collect the tax levied under that Act and pay the receipts of the same to the Commissioners appointed under that Act.

S.212 Realisation of fee under West Ben. Act XVIII of 1950

The Corporation may, if so authorised under the West Bengal Fire Services Act, 1950 (West Ben. Act XVIII of 1950), realise any licence fees imposed under that Act in accordance with the provisions thereof.

S.213 Realisation of tax, fees, cess, etc., under any other law

The Corporation may, if so authorised by any other law for the time being in force, realise any tax, development charge, cess or fee imposed under that law 1 Ins. by s. 13 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989).[or any dues payable under that law] in accordance with the provisions thereof.

S.214 Manner of recovery of taxes under this Act

       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 defaulter's movable property, or

       (d) by the attachment and sale of a defaulter's immovable property, or

       (e) in the case of 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) f

S.215 Time and manner of payment of taxes

       (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.

S.216 Presentation of bill

       (1) 1 Subs, by s. 17(1) of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997) for the words "When any tax has become due,".[Save as otherwise provided in this Act, when any tax has become due,] the Municipal Commissioner shall cause to be presented to the person liable for payment thereof a bill for the amount due :

       Provided that no such bill shall be necessary in the case of-
       2 Clause (a) omitted by s. 5 of the Calcutta Municipal Corporation (Amendment) Act, 1992 (West Ben. Act IX of 1992) (with retrospective effect from 1.4.1990), which was earlier as under: "(a) a tax on professions, trades, and callings;".(a)[* * * *]
       (b) a tax on advertisements;
    &nbs

S.217 Notice of demand, notice fee, interest and penalty

Subs, by s. 22(1) of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for the words "Notice of demand and notice fee.".
(1)Save as otherwise provided in this Act, if the amount of the tax for which a bill has been presented under section 216, is not paid within thirty days from the presentation thereof 2 Ins. by s.18(1) of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effectfrom 22.12.1997).[or if the amount of quarterly instalment of 3 Clause (a) omitted by s. 5 of the Calcutta Municipal Corporation (Amendment) Act, 1992 (West Ben. Act IX of 1992) (with retrospective effect from 1.4.1990), which was earlier as under: "(a) a tax on professions, trades, and callings;". [property tax] shown in the comprehensive bill presented under sub-section (2) of section 196 is n

S.218

Section 218 omitted by s. 23 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984).[* * * *]

S.219 Recovery of tax

       (1) If any person liable for payment of tax does not, within thirty days 1 Subs. by s. 24(a), ibid (with effect from 15.5.1984) for words, brackets and figures "after the expiry of thirty days referred to in sub-section (1) of section 218".[of the service of notice of demand under section 217,] 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, 2 Subs. by s. 24(b), ibid (with effect from 15.5.1984) for the words "by distress and sale of the movable property or the attachment and sale of the immovable property of the defaulter:".[by distress and sale of the movable property.]

       3 Proviso omitted by s. 24(c), ibid (with effect from 15.5.1984).[* * * * * *]

S.220 Distress

       (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 Kolkata, any movable property belonging to the person 1 Subs, by s. 25(a) of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for the words "therein named as defaulter".[liable], 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 or artisans;
      &n

S.221 Disposal of distrained property

       Subs, by s. 26(a) of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for the words "Disposal of distrained property and attachment and sale of immovable property".
       (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 Municipal 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 warrant is forthwith paid.

       (2) If the warrant is not in the meantime suspended by the Municipal Commissioner or discharged, the property seized sh

S.221(a) Attachment and sale of immovable property

       Sections 221A and 221B ins. by s. 27, ibid (with effect from 15.5.1984).
       (1) After a defaulter has been proceeded against under the foregoing provisions of this Chapter unsuccessfully or with partial success, any sum due or balance of any sum due may be recovered under a warrant issued in such form as may be specified by regulation for attachment and sale of immovable property of the person liable.

       (2) When a warrant is issued under sub-section (1), the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge and declaring that such property will be sold unless the amount of tax due with all costs of recovery is paid into the Corporation office within fifteen days

S.221(b) Sale of property distrained or attached

       (1) All sales of property under this Chapter shall be regulated as far as practicable, by such procedure of the Civil Court as may be applicable in regard to sale of movable or immovable property after attachment.

       (2) No officer or other employee of the Corporation shall directly or indirectly purchase any property at any such sale.

       (3) Any surplus not claimed within one year referred to in sub-section (5) of section 221A shall be the property of the Corporation.

       (4) For every distraint under section 220 and attachment under section 221A, a fee of such amount not exceeding two and a half per cent, of the amount of tax due as shall in such case be fixed by

S.222 Recovery from a person about to leave Kolkata

       (1) If the Municipal 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 Kolkata, 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 attachment and sale may be issued and executed without any delay.

S.223 Recovery under Ben. Act III of 1913

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 Municipal Commissioner by certificate under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913), together with interest and cost of recovery.

S.224 Distraint not unlawful for want of form

       No distress under this Act shall be deemed to be unlawful nor shall any person making the same be deemed 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.

S.225 Occupiers may be required to pay rent towards satisfaction of j294[property taxes]

       (1) For the purposes of recovery of any 1 Subs, by s. 2, Ibid (with effect from 23.3.2001) for the words "consolidated rate".[property tax] from any occupier under section 195, the Municipal Commissioner 2 Ins. by s. 28 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984).[, notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956 or any other law for the time being in force,] 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

S.226 Recovery of j298[property tax] on lands and buildings or any other tax or charges when owner of land or premises is unknown or ownership is disputed

(1) If any money is due under this Act from the owner of any land or premises on account of 1 Subs, by s. 2, Ibid (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on lands and buildings or any other tax, expenses or charges recoverable under this Act and if the owner of such land or premises is unknown or the ownership thereof is disputed, the Municipal 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, twenty-five per cent, of the purchase money, and the balance thereof within thirty days of the date of sale. Such notification shall b

S.227 Taxes not invalid for defect of form

       (1) No assessment and no charge or demand of the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[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
    &nbs

S.228 Power of the Municipal Commissioner to prosecute or serve notice of demand

       (1) When any sum is due from any person on account of-

       (a) tax on professions, trades and callings, or
       (b) tax on advertisements other than the advertisements published in newspapers, or
       1 Clause (c) subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 1986 (West Ben. Act XIV of 1986) (with retrospective effect from 15.4.1984).[(c) any other tax, fee or charges leviable under this Act], the Municipal Commissioner may either prosecute such person, if prosecution lies under the provisions of this Act, or cause to be served on him a notice of demand in such form as may be prescribed or in any other form to the like effect.

       (2) The provisions o

S.229 Cancellation of irrecoverable dues

The Corporation may by order strike off the books of the Corporation any sum due on account of the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] on lands and buildings or any other tax or any other account, which may appear to it to be irrecoverable.

S.230 Apportionment of 1[property tax] by the person primarily liable to pay

       Save as otherwise provided in this Act, the person primarily liable to pay the 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[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 bears 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 of the amount may b

S.231 Mode of recovery

If any person primarily liable to pay any 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[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.

S.232 The property tax on lands and buildings to be first charge on premises

The 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[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.

S.233 Definitions

       In this Chapter, unless the context otherwise requires,-
       (1) "main" means a trunk main, or reserve main, or service main, as the case may be, in a given context;

       (2) "reserve main" means a main laid by the Corporation for the purpose of giving a general supply of water as distinct from a supply to individual consumers and includes any apparatus used in connection with such main;

       (3) "service main" means so much of any main for supplying water from a reserve main to any premises as is subject to water pressure from that reserve main or would be so subject but for the closing of some tap;

       (4) "supply pipe" means

S.234 Corporations duty to supply water

       (1) It shall be the duty of the Corporation to take steps from time to time-

       (a) for ascertaining the sufficiency and wholesomeness of water supplied within Kolkata;
       (b) for providing a supply of wholesome water in pipes to every part of Kolkata in which there are houses, for domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, so, however, that the Corporation shall not be required to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of Kolkata where such a supply is already available at such point or points aforesaid :
       1 First and second provisos subs, by s. 2 of t

S.234(a) Recovery of fee for supply of water by owner from occupier

       Section 234A to 234C ins. by s. 20 of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997). The owner of a part or flat of a building for which fee for supply of water is charged may recover the entire amount of such fee from the occupier thereof who uses it for residential purpose or otherwise :
       Provided that if there is more than one such occupier, the amount of fee for supply of water may be apportioned or recovered from each such occupier in such proportion as the annual value of the portion occupied by him bears to the total annual value of the building comprising such part or flat.

       Section 234B Occupiers of flats or houses of State Government and statutory bodies to pay fee for supply of water
    &

S.234(c) Power of Corporation to require the owners to set up pumps etc.

For the purpose of securing adequate and uniform supply of whole-some water to every premises, house, flat or building, the Municipal Commissioner may require the owner of the premises or building to set up electric pumps or other contrivances whereby water may be caused to reach the topmost storey and all parts of the premises or building. The Municipal Commissioner may also require the owner of a premises or building to sink tubewell or cause tubewell to be sunk to supplement the supply of water to all parts of the premises or building.]

S.235 Supply of unfiltered water

       The Corporation shall provide a supply of unfiltered water-
       (a) in those parts of Kolkata in which such water is provided at the commencement of this Act, and

       (b) in such other parts of Kolkata as it may think fit:

       Provided that the Corporation may discontinue the supply of unfiltered water in any part of Kolkata where a supply, in sufficient quantity, of wholesome water becomes available.

S.236 Water-supply to huts or bustees

       (1) The Corporation shall, subject to the rules or the regulations made in this behalf, provide supply of wholesome water either in pipes or by sinking tubewells or otherwise to huts or bustees for domestic purposes of the occupants, thereof.

       (2) The Corporation shall provide, where it is so available, supply of unfiltered water for the flushing of privies in bustees.

S.237 Water-supply through hydrants, standposts or other conveniences

       (1) The Municipal Commissioner may, with the prior approval of the Mayor-in-Council, erect hydrants or 1 Subs. by s. 30 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for the words "standpost or supply".[standposts for supply] wholesome water to the public within Kolkata through other conveniences :

       Provided that for the purpose of safety, maintenance and regulation of use of such public hydrant or standpost, it may be placed under the charge of any person who may realize from each consumer such fee as the Mayor-in-Council may, from time to time, determine :
       Provided further that the Corporation may, by regulations, control the functions of such person.

&nbs

S.238 Supply of water for domestic purposes not to include any supply for certain specified purposes

       (1) The use of wholesome water shall be for domestic purposes only.

       (2) The supply of water for domestic purposes under this Act shall not be deemed to include any supply-

       (a) for washing of animals kept for sale or hire, or
       (b) for such trade, manufacture or business as may be determined by the Mayor-in-Council, or
       (c) for fountains or swimming baths, or
       (d) for watering gardens or streets, or
       (f) for building purposes, or
       (g) for flushing purpose other than the purpose of flushing privies in bustees, or
  &n

S.239 Power to supply water for non-domestic purpose

Sub-section (1) subs, by s. 4(1), ibid (with retrospective effect from 11.5.1994) for existing subsection (1), which was earlier as under: "(1) The Municipal Commissioner may, with the prior approval of the Mayor-in-Council and subject to such terms and conditions as to payment, quantity or period as may be fixed under this Act or the rules or the regulations made thereunder, supply water for any purpose, other than the domestic purpose, or receiving a written application specifying the purpose for which the supply is required and the quantity likely to be consumed: Provided that in case where the purpose is such for which any licence is required under this Act or any other law for the time being in force, no such approval shall be given until such licence is produced.".[(1)The Municipal Commissioner may supply water for any purpose, other than domestic purpose, on receiving a written application specifying the purpose for wh

S.240 Supply of water to ships

The Municipal Commissioner shall, on demand, supply any ship in the Port of Calcutta with a reasonable supply of wholesome water for use on the voyage at such price for every thousand litres and on such conditions as the Mayor-in-Council may from time to time determine.

S.241 Supply of water to areas adjacent to Kolkata

       (1) The Mayor- in-Council may, at any time, on receiving an application from the Commissioner of a municipality or from the Cantonment Board of a cantonment or from any other authority in respect of any other area adjacent to Kolkata which may be included in Kolkata by the State Government by notification, direct that such quantity of wholesome water per diem as may be determined by it shall be delivered into such reservoirs or pipes of such municipality or cantonment or area, as the case may be, as may be specified in such application.

       (2) The supply of water under sub-section (1) shall be at such rate not being less than the cost of production and delivery (including the costs for debt servicing, depreciation of plant and machinery, losses and other charges, if any) as the Mayor-in-Council may from time to time determine.
&n

S.241(a) Presumption as to supply of water

Sections 241A and 241B ins. by s. 5 of the Calcutta Municipal Corporation (Amendment) Act, 1994 (West Ben. Act XXXII of 1994) (with retrospective effect from 11.5.1994). Where any supply of wholesome water has been made to any premises or building, either for domestic purpose or for any other purpose, through a meter or ferrule attached to the supply pipe in such premises or building, it shall be presumed, irrespective of the size of the ferrule, that the supply of as much quantity of such water as may pass through such ferrule, has been made, and there shall not be raised any dispute about the payment of any fee for such supply on any ground whatsoever except on the ground of disconnection, if any, of the supply pipe as aforesaid under any provision of this Act or the rules or the regulations made thereunder.

S.241(b) Presumption as to washing of vehicles

Where the address of the owner of a motor vehicle as recorded in the certificate of registration of such motor vehicle under any law for the time being in force is within the jurisdiction of the Corporation, or where such motor vehicle is kept in any area within the jurisdiction of the Corporation, it shall be presumed that additional water for washing such motor vehicle has been consumed by such owner, and the Corporation shall have the power to levy fee on such owner at such rate as stated in the budget estimate under sub-section (3) of section 131 or as may be fixed by regulations under the proviso to subsection (1) of section 239.]

S.242 Corporations proprietary rights over sub-soil water resources

All rights over the sub-soil water resources in Kolkata shall vest in the Corporation.

S.243 Corporations powers concerning water-works

       (1) For the purpose of providing Kolkata with supply of water, proper and sufficient for public and private uses, the Corporation may-

       (a) plan, construct, operate, maintain and manage water-works, either within or outside Kolkata;
       (b) purchase or take on lease any waterworks or any water or right to store or to take and convey water, either within or outside Kolkata;
       (c) enter into an arrangement with any person and authority for supply of water:
       Provided that the Corporation may, with the approval of the State Government, make over to or take over from a statutory body waterworks so as to do anything which may be necessary or expedient for the purpose of carrying out its functions under this Act or

S.244 Municipal Commissioner to manage water-works

Subject to the other provisions of this Act, the Municipal Commissioner shall manage all water-works and allied facilities belonging to the Corporation and shall maintain the same in good repair and efficient condition and shall cause to be done from time to time all such things as shall be necessary or expedient for improving the said works and facilities.

S.245 Power of access to water-works

       (1) The Municipal Commissioner, or any person appointed by the State Government under section 246 in this behalf, may, for the purpose of inspecting or repairing or executing any work, in, upon or in connection with any water-work, at all reasonable times,-

       (a) enter upon and pass through any land within or outside Kolkata, adjacent to or in the vicinity of such water-work, in whomsoever such land may vest;
       (b) convey into and through any such land all necessary materials, tools and implements.

       (2) In the exercise of any power conferred by this section, as little damage as possible shall be done, and compensation for any damage which may be done in the exercise of any such power shall be paid by the

S.246 Inspection of water-works by persons appointed by State Government

Any person appointed by the State Government in this behalf may, at all reasonable times and with the prior intimation to the Municipal Commissioner, enter upon and inspect any water-works belonging to the Corporation.

S.247 Purity of water for domestic purposes

The Municipal Commissioner shall, at all times, secure that the water in any water-works belonging to the Corporation from which water is supplied for domestic purposes is wholesome.

S.248 Prohibition regarding sinking of tubewells

       (1) No person shall, except with the prior permission in writing of the Municipal Commissioner, sink a tubewell in any premises.

       (2) The Municipal Commissioner may, with the prior approval of the Mayor-in-Council, grant such permission and issue a tubewell licence on such conditions and on payment of such annual fee as the Mayor-in-Council may from time to time specify :

       Provided that any person owing a tubewell sunk before the commencement of this Act shall take out a tubewell licence on such conditions and on payment of such annual fee as the Mayor-in-Council may from time to time determine.

S.249 Municipal Commissioners direction to sink tubewell in some cases

       (1) Notwithstanding the provisions of section 248, the Municipal Commissioner may, with the prior approval of the Mayor-in-Council, by a written notice, require the owner of a premises to sink a tubewell, if the premises is to be used as a place of public resort, or as a market, or as a place of employment of more than fifty persons, or, in other cases, for reasons to be recorded in writing.

       (2) Every such owner shall be bound to take out a tubewell licence on such conditions and on payment of such annual fee as the Mayor-in-Council may from time to time determine.

       1 Sub-section (3) ins. by s. 22 of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997).[(3) Notwithstanding anything co

S.250 Municipal Commissioner to maintain a register of tubewells sunk in Kolkata

The Municipal Commissioner shall cause to be maintained a register, in such form and in such manner as may be determined by regulations, which shall provide an inventory of the tubewells, public or private, sunk in Kolkata and such register shall be updated from time to time.

S.251 Power to lay mains

       (1 )The Corporation may lay a main, whether within or outside the local limits of Kolkata,-

       (a) in any street, and
       (b) with the consent of every owner or occupier of any land not forming part of a street, in, over or on that land, and may, from time to time, inspect, repair, alter or renew or may, at any time, remove any main so laid, whether under this section or otherwise :
       Provided that whether a consent required for the purpose of this subsection is withheld, the Municipal Commissioner may, after giving the owner or the occupier of the land a written notice of his intention so to do, lay the main in, over or on that land even without such consent.

S.252 Power to lay service mains, etc.

       (1)The Municipal Commissioner may, in any street whether within or outside the local limits of the Corporation, lay such service mains with such stopcocks and other water fittings as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service main laid in a street whether under this section or otherwise.

       (2) Whether a service main has been lawfully laid in, over, or on the land not forming part of a street, the Municipal Commissioner may, from time to time, enter upon that land and inspect, repair, alter, renew or remove the main or lay a new main in substitution thereof but shall pay compensation for any damage done in the course of such action.

S.253 Provision of fire hydrants

       (1) The Municipal Commissioner shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time replace every such hydrant.

       (2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on any wall, building or other structure near such hydrant.

       (3) As soon as any such hydrant is completed the Municipal Commissioner shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary.

S.254 Power to Municipal Commissioner to allow connections of premises to service mains

The Municipal Commissioner may permit the owner, lessee or occupier of any premises to connect the premises by means of supply pipes for conveying to the premises a supply of wholesome or unfiltered water from the service mains of the Corporation subject to the provisions of this Act and the rules and the regulations made in this behalf.

S.255 Power to require separate supply of pipes

       (1) The Municipal Commissioner may require the provision of a separate supply pipe for each of the premises supplied or to be supplied by him with water.

       (2) If, in the case of any premises already supplied with water but not having a separate supply pipe, the Municipal Commissioner gives notice to the owner of the premises requiring the provision of such pipe, the owner shall, within three months, lay so much of the required pipe as is not required to be laid in a street, and the Municipal Commissioner shall lay so much of the required pipe as is to be laid in a street and make all necessary communications.

S.256 Stopcocks

       (1) The Municipal Commissioner shall, in every service main laid after the commencement of this Act and may, on every service main laid before such commencement, fit a stopcock enclosed in a cover box or a pit of such size as may be reasonably necessary.

       (2) Every stopcock fitted on a service main after the commencement of this Act shall be placed in such position as the Municipal Commissioner deems most convenient : Provided that-

       (a) a stopcock in private premises shall be placed as near to the street from which the supply pipe enters those premises as is reasonably practicable;
       (b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.

S.257 Water pipes etc., not to be placed where water will be polluted

No water pipe shall be laid in a drain or on the surface of an open channel or house gully or within twenty feet of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and no well or tank and, except with the consent of the Municipal Commissioner, no cistern shall be constructed within twenty feet of a latrine or cesspool.
(2) No latrine or cesspool shall be constructed or made within twenty feet of any well, tank, water pipe or cistern or in any position where pipe, well, tank or cistern is likely to be injured or the water therein polluted.

S.258 Supply pipes to be kept in efficient repair

       It shall be incumbent on the owner or the occupier of any premises to which water is supplied from any waterworks belonging to the Corporation to keep in a thoroughly clean condition, and to maintain and keep in efficient repair, every supply pipe connecting the premises to the supply mains of the Corporation and any other water-fittings in the premises :
       Provided that upon an inspection, the Municipal Commissioner may, by written notice, require the owner or the occupier of the premises to remedy any defect which he may find :

       Provided further that when an occupier of any premises is served with a notice under this section, he may, after giving three days' notice in writing to the owner or to the person to whom he is responsible for the payment of his rent, himself have the repairs execute

S.259 Vesting of connections to premises in the Corporation

The Municipal Commissioner may, if he thinks fit, take charge of all supply pipes and water-fittings of any premises connected with the water mains of the Corporation and under such circumstances as may be specified by regulations, the same shall thereafter vest in and be maintained at the expenses of the Corporation.

S.260 Municipal water supply, sewerage and drainage Code

       (1) All private connections of premises to the service mains of the Corporation for the supply of water thereto and all pipes, taps and other water-fittings used for such supply shall be made, maintained and regulated in accordance with and subject to such regulations as may be made in this behalf, and such regulations shall form a part of a Municipal Water Supply, Sewerage and Drainage Code :

       Provided that in making such regulations, due regard shall be given to the relevant Codes relating to water supply and other matters related thereto, published by the Indian Standards Institution from time to time :
       Provided further that in the absence of any such regulations, the provisions of the relevant Codes of the Indian Standards Institution shall apply.
      &

S.261 Power of Corporation to establish block meters

       (1) The Corporation may, if it thinks fit, establish block meters through which the entire supply of wholesome water for a given area shall pass and such supply shall be recorded.

       (2) The Mayor-in-Council may, from time to time and with due regard to the size of the population and technical compulsions, if any, and after taking into account the capacity approved by it for non-domestic purposes, regulate the supply of water in a given area in such a manner so as to ensure that there is equitable distribution of available water supply throughout Kolkata :

       Provided that the Mayor-in-Council shall have full and final discretion in these matters.

S.262 Power of Municipal Commissioner to provide meters

       (1)The Municipal Commissioner may provide a water-meter and attach the same to the supply pipe in the premises connected with the service mains of the Corporation.

       (2) The expenses of providing and attaching a meter under sub-section (1) shall be paid out of the Municipal Fund.

       (3) The use, rent to be paid for such use, maintenance and testing of meters shall be governed by the regulations made in this behalf and shall form a part of the Municipal Water Supply, Sewerage and Drainage Code.

S.263 Presumption as to correctness of meters

Whenever water is supplied under this Act through a meter, it shall be presumed that the quantity indicated by the meter has been made consumed until the contrary is proved.

S.264 Prohibition of fraud in repsect of meters

       (1) No person shall fradulently-

       (a) alter the index to any meter or prevent any meter from duly registering the quantity of water supplied;
       (b) abstract or use water before it has been registered by a meter set up for the purpose of measuring the same.

       (2) The existence of artificial means under the control of the consumer for causing any such alteration, prevention, abstraction or use shall be an evidence that the consumer has fradulently affected the same.

S.265 Payment for supply of water as recorded by meters

       (1) In a premises where a meter has been attached on a supply pipe, the occupier shall be liable to pay for the water shown to have been consumed on the basis of the readings recorded by the meter attached to the supply pipe.

       1 Proviso subs, by s. 23 of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997) for the existing proviso, which was earlier added by s. 6(1) of the Calcutta Municipal Corporation (Amendment) Act, 1994 (West Ben. Act XXXII of 1994) (with retrospective effect from 11.5.1994) as under : "Provided that where a water-meter attached to the supply pipe in any premises or building connected with the service mains of the Corporation goes out of order, or where there is a dispute about the proper operation of such water-meter, or where such water-meter is frau

S.265(a) Exemption from payment of fee for supply of water

       Section 265A ins. by s. 7, ibid (with retrospective effect from 11.5.1994). The Mayor-in-Council shall have the power to exempt, either wholly or partly, any person from payment of the annual fee for the supply of water for domestic purpose or for any other purpose-
       (a) in any case where such payment causes, to the satisfaction of the Mayor-in-Council, undue hardship to him, and

       (b) in any other case where the Mayor-in-Council thinks fit so to do.]

S.265(b) Determination of size of ferrule

Section 265B ins. by s. 24 of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effet from 22.12.1997).The size of a ferrule attached to the supply pipe in any premises or building shall be determined on the basis of the annual valuation of the premises as may be fixed by regulations.]

S.265(c) Fee for supply of water on the basis of previous annual valuation

Section 265C ins. by s. 24, ibid (with effect from 22.12.1997). If the determination of current annual valuation of any premises, building, flat or apartment is held up on account of any reason whatsoever, the fee for supply of water shall be paid on the basis of the previous annual valuation of such premises, building, flat or apartment and, on determination of the current annual valuation of such premises, building, flat or apartment, the arrear fee for supply of water shall be realised.]

S.266 New premises not to be occupied without arrangement for water supply

No person shall occupy or cause or permit to be occupied any premises or part thereof constructed or reconstructed after the commencement of this Act until he has obtained a certificate from the Municipal Commissioner that there is provided within, or within a reasonable distance of, the premises such supply of wholesome water as appears to the Municipal Commissioner to be adequate for the persons who may occupy or be employed in such premises, for their domestic purposes.

S.267 Power to require water supply to be taken

       If it appears to . the Municipal Commissioner that any premises in Kolkata are without supply of wholesome water for domestic purposes or that the existing supply of water for domestic purposes available for the persons usually occupying or employed in such premises is inadequate or on any sanitary grounds objectionable, the Municipal Commissioner may by notice in writing require the owner of the premises or the persons primarily liable for the payment of the [property tax] in respect of the same-
       (a) to take a connection from the supply mains of the Corporation adequate for the requirements of the person occupying or employed in the premises or to take such additional or enlarged connection or connections from the supply mains; and

       (b) to provide supply pipes and water-fittings and install

S.268 Power to close or restrict use of water from polluted sources of supply

       (1) If the Municipal Commissioner is of opinion that the water in, or obtained from, any well, tank or other source of supply not vested in the Corporation, being water which is or is likely to be used for domestic purposes or for the preparation of food or drink of human consumption, is or is likely to become so polluted as to be prejudicial to health, the Municipal Commissioner may, after giving the owner or the occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order, direct that the source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of person using the water or consuming food or drink prepared therewith or therefrom.

      &nbs

S.269 Power to require filling up of wells

Whenever a supply of filtered or unfiltered water has been provided in an area, the Municipal Commissioner may, by a written notice, require the owner, lessee or the occupier, as the case may be, of a well, tank or other water area forming a part of any premises in the said area, to fill up such well, tank or water area.

S.270 Power of Corporation to require owners of premises to set up pumps, etc.

The owner of every premises connected with the service mains of the Corporation shall, when so required by the Municipal Commissioner, set up electric pumps or other contrivances whereby water may be caused to reach to the top of the top-most storey of such premises.

S.271 Water supplied for domestic purposes not to be used for non-domestic purposes

No person shall.without the written permission of the Municipal Commissioner, use or allow to be used water, supplied for domestic purposes, for any other purposes.

S.272 Use of unfiltered water

       (1) Unfiltered water shall be used for the following purposes :

       (a) extinguishing of fire;
       (b) street watering;
       (c) flushing of drains of the Corporation, gully-pits, public privies and urinals.

       (2) Unfiltered water may also be used, free of charge,-

       (a) for flushing privies and urinals in private premises connected with sewers;
       (b) for flushing of drains in private premises;
       (c)1 Clause (c) omitted by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 1993 (West Ben.

S.273 Prohibition of waste or misuse of water

       (1) No person shall wilfully or negligently cause or suffer any water fitting, which he is liable to maintain,-

       (a) to be or remain so out of order or so in need of repair, or
       (b) to be or remain so constructed or adapted or to be so used, that the water supplied to him by the Corporation is or is likely to be wasted, misused or unduly consumed, or contaminated before use, or that foul air or any impute matter is likely to return into any pipe belonging to, or connected with, a main belonging to the Corporation.

       (2) If any water-fitting which any person is liable to maintain is in such condition or is so constructed or adapted as aforesaid, the Municipal Commissioner, without prejudice to his right t

S.274 Power to enter premises to detect waste or misuse of water

The Municipal Commissioner or any officer of the Corporation authorised by the Municipal Commissioner in writing may, between sunrise and sunset, enter any premises supplied with water by the Corporation in order to examine if there be any waste or misuse of such water and the Municipal Commissioner or such officer shall not be refused admittance to the premises or obstructed by any person in making his examination.

S.275 Power of Municipal Commissioner to cut off or turn off supply of water to premises

       (1) Notwithstanding anything contained in this Act, the Municipal Commissioner may cut off the connection between any water works of the Corporation and any premises to which water is supplied from such works, or may turn off such supply, in any of the following cases, namely :-

       (a) if the premises are unoccupied; 1 Clause (aa) ins. by s. 11(1) of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001)[(aa) if, in respect of the premises, any taxes or rates or fees or charges are in arrear for payment for more than one year;]
       (b) if, after receipt of a written notice from the Municipal Commissioner requiring him to refrain from so doing, the owner or occupier of the premises continues to use the water or to permit the same to be use

S.276 Joint and several liability of owners and occupiers for offence in relation to water supply

If any offence relating to water- supply is committed under this Act on any premises connected with the service main of the Corporation, the owner, the person primarily liable for the payment of the 1 Subs, by s.2, ibid (with effect from 23.3.2001) for the words "consolidated rate".[property tax] and the occupiers of the said premises shall be jointly and severally liable for such offence.

S.277 Corporation to provide drainage, sewerage and outfall

       (1) The Corporation shall construct and maintain drains and sewers and provide a safe and sufficient outfall, in or outside Kolkata, for effectual drainage and proper discharge or storm-water and sewage of Kolkata in such manner as not to cause any nuisance; whether by flooding any part of Kolkata or of the country surrounding the outfall or in any other way.

       (2) If the outfall deteriorates by the decay of existing river channels or otherwise, the State Government may require the Corporation to take at the cost of the Municipal Fund such action as may be necessary to ensure a safe and sufficient outfall.

S.278 Provision of means of disposal of sewage

The Corporation may, for the purpose of receiving, treating, storing, disinfecting, distributing or otherwise disposing of sewage, construct, operate, maintain, develop and manage any work within or outside Kolkata.

S.279 Appointment of places for the emptying of drains and disposal of sewage

       The Mayor-in-Council may cause any or all of the municipal drains to empty into, and all sewage to be disposed of at such place or places as it considers suitable :
       Provided that no place which has not been before the commencement of this Act used for any of the purposes specified in this section shall be used except in conformity with the provisions under the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979) and without the approval of the Corporation :

       Provided further that on and after such date as may be appointed by the State Government in this behalf no sewage shall be discharged into any water-course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged.

S.280 Public drains and sewage disposal works to vest in the Corporation

       (1) All public drains, all drains in, alongside or under any public street, and all sewage disposal works constructed or acquired out of the Municipal Fund or otherwise and all works, materials and things appertaining thereto, which are situated within or outside Kolkata shall vest in the Corporation.

       (2) All public and other drains which are vested in the Corporation are hereafter in this Act referred to as municipal drains.

       (3) For the purposes of laying, constructing, enlarging, deepening or otherwise repairing or maintaining any such drain or sewage disposal work, so much of the sub-soil appertaining thereto as may be necessary for the said purposes shall be deemed also to vest in the Corporation.

S.281 Corporations power to make over to or to take over from a statutory body the drainage and sewerage services

       (1) Subject to the approval of the State Government in this behalf, the Corporation may make over to, or take over from a statutory body any drain or sewer or sewage disposal works so as to do anything which may be necessary or expedient for the purpose of carrying out its functions under this Act or under any other law for the time being in force.

       (2) Without prejudice to the generality of the foregoing provisions, such power shall include the power-

       (i) to make over to, or take over from, a statutory body all or any existing or new Municipal responsibilities, powers, controls, facilities, services and administration relating to drainage and sewerage in Kolkata, and to manage the same when taken over;
      &nb

S.282 Control of drains and sewage disposal works

All municipal drains and sewers, all sewage disposal works and all works, materials and things appertaining thereto shall be under the control of the Municipal Commissioner.

S.283 Power for making drains

       (1) The Municipal Commissioner may carry any municipal drain through, across or under any street or any place laid out as or intended for a street or under any cellar or vault which may be under any street and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within Kolkata or for the purpose of outfall or distribution of sewage outside Kolkata.

       (2) The Municipal Commissioner may enter upon and construct any new drain in the place of an existing drain in any land wherein any municipal drain has been already lawfully constructed, or repair or alter any municipal drain so constructed.

S.284 Alteration and discontinuance of drains

The Municipal Commissioner may enlarge, alter the course of, lessen, arch over or otherwise improve any municipal drain and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage :
Provided that if, by reason of anything done under this section, any person is deprived of the lawful use of any drain, the Municipal Commissioner shall, as soon as may be, provide for his use some other drain as effectual as the one which has been discontinued, closed up or destroyed or the use of which has been prohibited.

S.285 Communication of municipal drains with drains, lakes, etc., beyond Kolkata

Subject to the approval of the State Government in this behalf, the Corporation may, if necessary, make its drains to communicate with, or empty themselves into, any public drain, lake, stream, canal or watercourse outside Kolkata, and in so doing it may exercise throughout the line of country outside Kolkata through which the said drains are to run all the powers which it might exercise under this Act if the said drains, were to run entirely in Kolkata.

S.286 Communication of drain under control of local authority beyond Kolkata with municipal drain

Subject to the approval of the State Government in this behalf and upon such terms and conditions as may be agreed upon between any local authority and the Corporation, any local authority outside Kolkata may cause any drain under its control to communicate with any municipal drain.

S.287 Cleansing drains

       (1) The municipal drains shall be so constructed maintained and kept as to create the least practicable nuisance and shall, from time to time, be properly flushed, cleansed and emptied.

       (2) For the purpose of flushing, cleansing and emptying the said drains, the Municipal Commissioner may construct or set up such reservoirs, sluices, machines and other works as he may from time to time determine.

S.288 Power to connect drain of private street with municipal drain

The owner of a private street shall be entitled to connect the drain of such street with a municipal drain subject to such conditions as may be determined by the Corporation by regulations.

S.289 Right of owner or occupier of premises to drain into municipal drain

       (1) Subject to such regulations as the Corporation may make in this behalf, the owner or occupier of any premises having a private house-drain may apply to the Municipal Commissioner to have his house- drain made to communicate with the municipal drains and thereby to discharge foul water and surface water from those premises : Provided that nothing in this sub-section shall entitle any person-

       (a) to discharge directly or indirectly into any municipal drain any trade effluent from any trade premises except in accordance with the provisions made under this Act or any liquid or other matter the discharge of which into municipal drains is prohibited by or under this Act or any other law for the time being in force ; or
       (b) where separate municipal drains are provided for foul water and for su

S.290 Connections with municipal drains not to be made except in comformity with section 289

No person shall without complying with the provisions of section 288 or section 289 and the regulations made thereunder make or cause to be made any connection of a house-drain belonging to himself or to some other person with any municipal drain; and the Municipal Commissioner may close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Municipal Commissioner in so doing shall be paid by the owner of the street or the owner or occupier of the premises, as the case may be, for the benefit of which the connection was made or by the person offending.

S.291 Premises deemed to be without effectual drainage

For the purposes of this Chapter, premises shall be deemed to be without effectual drainage unless drainage therefrom is discharged or the drain attached thereto is emptied into a municipal drain or some place legally set apart for the discharge of drainage or a cesspool in accordance with the provisions of this Act.

S.292 Power of Municipal Commissioner to require sewage and rain water drains to be distinct

Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent for the Municipal Commissioner to require that there shall be one drain for sewage, offensive matter and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other suitable places.

S.293 New premises not to be erected without drains

       (1) It shall not be lawful to erect or re-erect any premises in Kolkata or to occupy any such premises unless-

       (a) a drain is constructed of such size, materials and descriptions at such level and with such fall as may appear to the Municipal Commissioner to be necessary for the effectual drainage of such premises;
       (b) there have been provided and set up on such premises such appliances and fittings as may appear to the Municipal Commissioner to be necessary for the purposes of gathering or receiving the drainage from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.

       (2) The drain so constructed shall empty

S.294 Power of Municipal Commissioner to enforce drainage of undrained premises

       (1) Where any premises are, in the opinion of the Municipal Commissioner, without sufficient means of effectual drainage and a municipal drain or some place approved by him for such discharge is situated at a distance not exceeding sixty metres from any part of the said premises, he may, by a written notice, require the owner of the said premises-

       (a) to construct a house-drain emptying into such municipal drain or place;
       (b) to provide and set up all such appliances and fittings as may appear to the Municipal Commissioner necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said premises and of effectually flushing such house- drain and every fixture connected therewith;
       (c) to remove any exist

S.295 Compulsory connections of house-drains with each other

When a drain belonging to one or more persons has been laid in a private street which is common to more than one premises and the Municipal Commissioner considers it desirable that any other premises should be drained into such drain, he may, by written notice, require the owner of such premises to connect his house-drain with such drain in the private street, and the owner of such drain in the private street shall thereupon be bound to permit such connection to be made :
Provided that no such connection shall be made except upon such terms as may be provided by the regulations and until any payment, which may be directed by the Municipal Commissioner in accordance with the regulations, has been duly made.

S.296 Power of Municipal Commissioner to drain premises in combination

       (1) Where the Municipal Commissioner is of the opinion that any group or block of premises may be drained more economically or advantageously in combination than separately and a municipal drain of sufficient size already exists or is about to be constructed within thirty metres of any part of that group or block of premises, the Municipal Commissioner may cause that group or block of premises to be drained by a combined operation.

       (2) The expenses incurred in carrying out any work under sub-section (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportions as the Municipal Commissioner may determine and shall be recoverable from them as an arrears of tax under this Act.

       (3) Not less than fi

S.297 Power of Municipal Commissioner to close or limit the use of house-drain in certain cases

       Where a house-drain connecting any premises with a municipal drain is sufficient for the effectual drainage of such premises and is otherwise unobjectionable but is not, in the opinion of the Municipal Commissioner, adopted to the general system of drainage in Kolkata, he may, by written notice addressed to the owner of the premises, direct-
       (a) that such house-drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or

       (b) that such house-drain shall, from such date as may be specified in the notice in this behalf, be used for sewage, offensive matter and polluted water only or for rain water and unpolluted sub-soil water only :

       Provided that-

S.298 Power of Municipal Commissioner to require owner to carry out certain works for satisfactory drainage

       For the purpose of efficient drainage of any premises, the Municipal Commissioner may, by notice in writing-
       (a) require any courtyard, alley or passage between two or more buildings to be paved by the owner or owners of such buildings with such materials and in such matter as may be approved by the Municipal Commissioner, or

       (b) require the level of such courtyard, alley or passage to be raised, or

       (c) require such paving to be kept in proper repair.

S.299 Power of Municipal Commissioner to require occupier to carry out work

The Municipal Commissioner may, if he considers necessary so to do, require the occupier, instead of the owner, of any premises to carry out any work which might otherwise be required to be carried out by such wher under the provisions of this Act and thereupon such occupier shall be bound to carry out such work :
Provided that except in the case of any special agreement to the contrary, such occupier may deduct the amount of the expenses reasonably incurred or paid by him in respect of such work from any rent payable to the owner or may recover the same from him by an order of a court of competent jurisdiction.

S.300 Drains for huts

       (1) The Municipal Commissioner may construct and maintain such drains for the drainage of huts as he may consider necessary.

       (2) Notwithstanding the provisions of sub-section (1), if the Municipal Commissioner considers that a new drain should be constructed for the benefit of occupants of any hut, he may, by a written notice require the owner of the land on which such hut stands to construct such drain; and such owner shall construct such drain and shall maintain and, from time to time, cleanse and repair such drain to the satisfaction of the Municipal Commissioner.

       (3) Notwithstanding the provisions of sub-section (1) or sub-section (2), any statutory authority may, subject to the provision of the West Bengal Slum Areas (Improvement and Cleara

S.301 Special provisions relating to trade effluent

Subject to the provisions of this Act and the regulations made thereunder and of any other law for the time being in force, the occupier of any trade premises may, with the consent of the Municipal Commissioner or, so far as may be permitted by this Act or the regulations made thereunder or any other law for the time being in force, without such consent, discharge into the municipal drains any trade effluent proceeding from those premises.

S.302 Special provisions regarding drainage of trade effluents

       Notwithstanding anything contained in this Act or the regulations made thereunder or any usage, custom or agreement, where in the opinion of the Municipal Commissioner any trade premises are without sufficient means of effectual drainage of trade effluent or the drains thereof, though otherwise unobjectionable, are not adopted to the general drainage system of Kolkata, the Municipal Commissioner may' by written notice require the owner or occupier of such premises-
       (a) to discharge the trade effluent in such manner, at such times, through such drains and subject to such conditions as may be specified in the notice and to cease to discharge the trade effluent otherwise than in accordance with the notice;

       (b) to purify the trade effluent before its discharge into a municipal drain and to set

S.303 Certain matters not to be passed into municipal drains

       No person shall throw, empty, turn into any municipal drain or into any drain communicating with a municipal drain-
       (a) any matter likely to injure the drain or to interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents; or

       (b) any chemical, refuse or waste system, or any liquid of a temperature higher than forty-five degrees centigrade, being refuse or waste steam which, or liquid which when so heated, is either alone or, in combination with the contents of the drain, dangerous, or the cause of a nuisance, or prejudicial to health; or

       (c) any dangerous petroleum.

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S.304 Power of Municipal Commissioner to affix shafts, etc., or ventilation of drain or cesspool

For the purpose of ventilating any drain or cesspool whether vested in the Corporation or not, the Municipal Commissioner may, in accordance with such regulations as may be made by the Corporation in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary.

S.305 Obligation of owners of drains to allow use or joint ownership to others

Every owner of a drain connected with a municipal drain or other place legally set apart for the discharge of drainage shall be bound to allow the use of it to other or to admit other persons as joint owners thereof on such terms as may be determined under section 306.

S.306 Use of drain by a person other than the owner

       (1) Any person desiring to drain his premises into a municipal drain through a drain of which he is not an owner may make a private arrangement with the owner for permitting his use of the drain or may apply to the Municipal Commissioner for authority to use such drain or to be declared joint owner thereof.

       (2) Where the Municipal Commissioner is of opinion, whether on receipt of an application under sub-section (1) or otherwise, that the only or the most convenient means by which the owner or the occupier of any premises can cause the drain of such premises to empty into a municipal drain is through a drain belonging to another person, the Municipal Commissioner, after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may, if no objection is raised or if any objection which is raised appears to h

S.307 Power of the Municipal Commissioner to levy fees for drainage and sewerage service

       Subs, by s. 12(i) of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "Power of Municipal Commissioner to charge for drainage and sewerage service in certain cases.".
       j338[(1) The Municipal Commissioner may, at any time, levy an annual fee, for drainage and sewerage, at such rate, as may be fixed under the regulations made thereunder, or as stated in the budget estimate referred to in sub-section (3) of section 131 in this behalf, on the owner or the occupier or the person responsible to pay property tax on any house or land.]

       (2) Any unpaid sum under this section shall be recoverable from the person concerned as an arrear of tax under this Act.

S.308 Position of cesspool

       (1) No person shall construct a cesspool-

       (a) beneath any part of any building or within fifteen metres of any tank, reservoir, water-course or well; or
       (b) upon any site or in any position Kolkata which has not been approved by the Municipal Commissioner; or
       (c) upon any site or in any position otside Kolkata which has not been so approved and is situated within ninety metres of any reservoir used for the storage of wholesome water to be supplied to Kolkata.

       (2) The Municipal Commissioner may, at any time by written notice, require any person within whose premises any cesspool is constructed in contravention of sub-section (1) to remove such cesspool or t

S.309 No filth receptacle to be situated within fifteen metres of tank, well, water-course or reservoir

       (1) No person shall construct any house-drain, urinal or other receptacle, not being a cesspool, for sewage or offensive matter within fifteen metres of any tank, well or water-course or any reservoir for the storage of water, unless he first satisfies the Municipal Commissioner that he will take such action as will prevent any risk of sewage or offensive matter passing by percolation or otherwise into such tank, well, water-course or reservoir.

       (2) The Municipal Commissioner may, at any time by a written notice, require any person within whose premises is situated, within fifteen metres of any tank, well, water-course or reservoir for the storage of water, any receptacle mentioned or referred to in sub-section (1) to remove such receptacle.

       (3)

S.310 Construction of septic tanks and sanitary privies and urinals in unsewered areas

       Subject to the provisions of section 308 and such regulations as may be made by the Corporation in this behalf, the Municipal Commissioner may permit in any unsewered area the construction of septic tanks and sanitary privies and urinals connected with such septic tanks :
       Provided that no such permission shall be granted unless in the opinion of the Municipal Commissioner there is sufficient open space available for the site of such septic tank :

       Provided further that the Municipal Commissioner shall require that there is adequate supply of water in overhead reservoir constructed for the purpose of flush the proposed privies and urinals.

S.311 Right of owner of premises to place pipes and drains through land belonging to other persons

       (1) If it appears to the Municipal Commissioner that the only or most convenient means of water- supply to, and drainage of, any premises is by placing or carrying any pipe or drain over, under, along or across the immovable property of another person, the Municipal Commissioner, after giving to the owner of the immovable property a reasonable opportunity of stating any objection, may, if no objection is raised or in any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the owner or the occupier of the premises to place or carry such pipe or drain over, under, along or across such immovable property in such manner as he may think fit to allow.

       (2) Upon the order in writing under sub-section (1), the owner or the occupier of the premises may, after giving reasonable notice in writing of

S.312 Rights of user of property for aqueducts, lines, etc.

       (1)The Municipal Commissioner may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property, whether within or without the local limits of the Corporation, without acquiring the same and may, at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes or drains, enter on any property over, under, along or across which the aqueducts, conduits or lines of mains or pipes or drains have been placed :

       Provided that the Corporation shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes or drains is placed.

       (2) The power

S.313 Municipal Commissioner not to sanction building plan unless plan relating to water-supply etc. is in conformity with rules and regulations

All building plans submitted to the Municipal Commissioner for sanction shall conform to such rules or regulations as may be framed in this behalf relating to water supply, drainage, privy and urinal accommodation within the premises and sewerage, and no building plan shall be sanctioned by the Municipal Commissioner unless the same so conforms.

S.314 Power of inspection and examination

       (1) The Municipal Commissioner or any officer authorised by him in this behalf may-

       (a) inspect and examine any house-drain, ventilation shaft or pipe, cesspool, house-gully, privy, urinal, or bathing or washing place existing in, or any pipe, tap fitting or meter for supply of water to, any premises; and
       (b) if necessary for the purpose of such inspection and examination, cause the ground or any portion of any house-drain or other work exterior to a building or any portion of a building to be opened, broken up or removed :
       Provided that in the prosecution of any such inspection and examination as little damage as possible shall be done.

S.315 Power of Municipal Commissioner to require repairs, etc., to be made

       When the result of such inspection and examination as aforesaid is as described in sub-section (2) of section 314, the Municipal Commissioner may,-
       (a) by written notice, require the owner of the premises or the several owners of the respective premises in which the drain, ventilation shaft or pipe, cesspool, house-gully, water-closet, privy, latrine, urinal'or bathing or washing place is situated or for the benefit of which the same has been constructed, erected or set up,-

       (i) to close or remove the same or any encroachment thereupon; or
       (ii) to renew, repair, cover, recover, trap, ventilate, pave and pitch, flush, cleanse or take such other action as the Municipal Commissioner may think fit to direct and to fill in, reinstate and make good gr

S.316 Power of Municipal Commissioner to execute work after giving notice to the person liable

       (1) When under the provisions of this Act, any person may be required or is liable to execute any work, the Municipal Commissioner may, in accordance with the provisions of this Act and of any rules or regulations made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose.

       (2) The expenses incurred or likely to be incurred by the Municipal Commissioner in the execution of any such work shall be payable by the said person unless the Mayor-in-Council directs the payment of such expenses out of the Municipal Fund.

       (3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable therefor as an arre

S.317 Prohibition for any construction over the water-mains, municipal drains, etc.

       (1) Without the written permission of the Municipal Commissioner, no building, wall or other structure shall be newly erected or no street, tram track or railway shall be constructed over any water-main, drain or sewer or no underground duct, cable or pipe shall be laid over or along such main, drain or sewer belonging to the Corporation :

       Provided that the Municipal Commissioner may refuse such permission, subject to prior approval of the Mayor-in-Council.

       (2) If any building, wall or other structure or street or tram track or railway is newly erected or constructed or any underground utility is laid without such permission, the Municipal Commissioner may with the approval of the Mayor-in-Council remove such construction or erection or otherwi

S.318 Prohibition of certain acts

       No person shall-
       (a) wilfully obstruct any person acting under the authority of the Municipal Commissioner in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out lines of such work or deface or destroy any works made for the same purpose; or

       (b) wilfully or negligently break, injure, turn on, open close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Corporation; or

       (c) unlawfully obstruct the flow of, or flush, draw off or divert, or take, water from any waterworks belonging to the Corporation or any watercourse by which any such waterworks is supplied

S.319 Maps of underground water-mains, supply pipes, drains, etc

Subject to the provision of section 349, the Municipal Commissioner shall cause to be maintained complete survey maps, drawings and descriptions of water-supply mains, supply pipes, municipal drains, sewers, and connections thereto from all premises in Kolkata.

S.320 Work to be done by licensed plumber

       (1) No person other than a licensed plumber shall execute any work relating to house connection described in Chapter XVII or Chapter XVIII or Chapter XIX and no person shall permit any such work to be executed except by a licensed plumber :

       Provided that if, in the opinion of the Municipal Commissioner, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.

       (2) Every person who employs a licensed plumber to execute any work shall, when so required, furnish to the Municipal Commissioner the name of such plumber.

       (3) When any work is executed except in accordance with th

S.321 Rules as to drainage, sewerage, cesspools, privies and urinals

Save as otherwise provided in section 260, the Municipal water- supply, Sewerage and Drainage Code shall include such regulations as may be made by the Corporation from time to time concerning the construction, maintenance, repair and alteration of drains, privies and urinals, cesspools and all appurtenances thereof and any other matter covered by Chapter XVII or Chapter XVIII or Chapter XIX.

S.322 Collection, removal and disposal of solid wastes

For the purpose of securing the efficient scavenging and cleansing of all streets, public places and premises in Kolkata, the Corporation shall undertake the functions of collection, removal and disposal of solid wastes.

S.323 Provision for receptacles, depots and places for temporary deposit

       (1) The Corporation shall provide or appoint in proper and convenient situations public receptacles, depots and places for the temporary deposit of-

       (a) rubbish;
       (b) offensive matter;
       (c) trade refuse;
       (d) carcasses of dead animals;
       (e) excrementitious and polluted matter.

       (2) Different receptacles, depots or places may be provided or appointed for the temporary deposit of any of the matters specified in sub-section (1).

S.324 Provisions of vehicles or other suitable means for removal of solid wastes

       (1) The Corporation shall provide vehicles or other suitable means and where necessary covered vehicles or vessels for the removal of solid wastes.

       (2) The Corporation may construct, acquire, operate, maintain, develop or manage any garage or work for proper maintenance of the vehicles or vessels or means for removal of solid wastes under sub-section (1).

S.325 Appointment of places for disposal and final disposal of solid wastes

       The Mayor-in-Council may cause the solid wastes to be disposed of at such place or places within or outside Kolkata and in such manner as it considers suitable :
       Provided that no place, which has not been before the commencement of this Act used for the purpose specified in this section, shall be used except in conformity with the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979) and without the approval of the Corporation :

       Provided further that the solid wastes shall not be finally disposed of in any manner in which the same have not heretobefore been so disposed of without the sanction of the Corporation or in any manner which the State Government may think fit to disallow.

S.326 Solid wastes to be the property of the Corporation

All matters deposited in public receptacles, depots and places provided or appointed by the Corporation and all solid wastes collected shall be the property of the Corporation.

S.327 Provision of means for processing of solid wastes

The Corporation may, for the purpose of receiving, storing, treating, processing and disposing solid wastes or converting such solid wastes into compost or other matters, construct, acquire, operate, maintain, develop, and manage any work within or outside Kolkata and run it on a commercial basis.

S.328 Solid wastes may be used for land filling

The Mayor-in-Council may, subject to the regulations made in this behalf, cause to be utilized solid wastes for filling up any well, tank or low land and perform this function on a commercial basis within or outside Kolkata.

S.329 Solid waste management

Subject to the other provisions of this Chapter, the Municipal Commissioner shall perform all the functions and manage all the places or works related to collection, removal and disposal of solid wastes accumulating in Kolkata.

S.330 Municipal Commissioner to provide for cleansing of streets and removal of solid wastes

       (1) The Municipal Commissioner shall take measures for securing-

       (a) the daily surface-cleaning of all streets in Kolkata and removal of sweeping therefrom;
       (b) the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by the Corporation under the provisions of this Act for the temporary deposit of rubbish, trade refuse, carcasses of dead animals and excrementitious and polluted matter;
       (c) the removal of special wastes and hazardous wastes and other solid wastes from premises.

       (2) The Municipal Commissioner may, by public notice, issue directions as to the time at which, the manner in which, and

S.331 Special sanitary arrangements at certain places

       (1) The Municipal Commissioner may make such special arrangements, whether permanent or temporary, as he considers adequate for maintaining sanitation in the vicinity of any place or religious worship or institutions or places to which large number of persons resort on particular occasions or in any place used for holding fairs, festivals, sports,or cultural or social events.

       (2) The Municipal Commissioner may require any person having control over any such place to pay to the Corporation fees at such rates as the Mayor-in-Council may from time to time determine.

S.332 Duties of owners and occupiers to collect and deposit rubbish, etc.

       It shall be the duty of the owners or the occupiers, as the case may be, of all premises-
       (a) to have the premises swept and cleaned;

       (b) to cause all rubbish and offensive matters to be collected from their respective premises and to be deposited, at such time as the Municipal Commissioner by public notice specifies, in public receptacles, depots or places provided or appointed by the Corporation or in receptacles provided under clause (c) for the temporary deposit or final disposal thereof;

       (c) to provide receptacles of the type and in the manner specified by the Municipal Commissioner for the collection therein of all rubbish and offensive matters from such premises and to keep such receptacles in

S.333 Removal of solid wastes accumulated on non-residential premises

       The Municipal Commissioner may if he thinks fit,-
       (a) by written notice, require the owner or the occupier of any premises used-

       (i) as factory, workshop or for carrying on any manufacture, or
       (ii) as a trade premises or shop or as a market or slaughter house, or
       (iii) as a hotel, eating house, or restaurant, or
       (iv) as a hospital or nursing home, or
       (v) as a warehouse or godown, or
       (vi) as a place to which large number of persons resort, or
       (vii) in any other way. where rubbish, offensive matter, filth, trade refuse, specia

S.334 Temporary deposit of rubbish, etc., in busfees and removal thereof

       (1) Any land that may be required in any bustee for temporary deposit of rubbish, offensive matters, sewage or carcasses of animals accumulating in such bustee shall be provided by the owner of such bustee.

       (2) The Corporation or any other statutory authority may subject to the provisions of the West Bengal Slum Areas (Improvement and Clearance) Act, 1972 (West Ben. Act X of 1972), provide in proper and convenient situations public receptacles, depots and places for the temporary deposit of rubbish, offensive matters, sewage or carcasses of animals accumulating in bustees.

       (3) It shall be the duty of the owners or the occupiers, as the case may be, of all huts-

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S.335 Collection and removal of filth and polluted matter

       When the Municipal Commissioner has given public notice of his intention to provide in certain portion of Kolkata for the collection, removal and disposal by the employees or contractors of the Corporation of all excrementitious and polluted matters from privies, urinals, and cesspools, it shall be lawful for the Municipal Commissioner to take measures for the daily collection, removal and disposal of such matters from all premises situated in the said portion of Kolkata :
       Provided that in areas where the sewers have been laid, the Municipal Commissioner may, in accordance with such scheme as may be prepared for such purpose or otherwise, require the owner or the occupier, as the case may be, of any premises to convert the service privies to sanitary latrines and such owner or occupier shall comply with the orders of the Municipal Commissioner.
     &nb

S.336 Prohibition against deposit of solid wastes

       (1) No person shall deposit or cause or permit to be deposited or throw upon or along any public street, public place, land belonging to the Corporation or any unoccupied land or on the bank of a water-course any solid waste except in accordance with the provisions of this Act.

       (2) Without prejudice to the generality of the foregoing provision, no person shall deposit or cause or permit to be deposited any building rubbish in or along any street, public place or land except in conformity with the conditions of prior permission from the Municipal Commissioner:

       Provided that no permission shall be given until an advance payment of a fee for the removal by the employees or contractors of the Corporation of such rubbish has been made in accordance

S.337 Presumption as to offender

If any rubbish, offensive matter, trade refuse, special waste, hazardous waste or excrementitious and polluted matter accumulating on any premises is deposited in any place in contravention of the provisions of this Act, it shall be presumed, unless the contrary is proved, that such contravention has been committed by the occupier of such premises.

S.338 Depositing or throwing any solid waste in contravention of the provisions of this Act

Whoever 1 Subs, by s. 32 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for the word "deposit".[deposits] or throws or causes or permits to be deposited or thrown any solid waste on any place in contravention of the provisions of this Act shall, subject to such regulations as may be made in this behalf, be punishable with fine which shall not be less than fifty rupees and more than five thousand rupees for each such offence.

S.339 Municipal Commissioners power to get places scavenged and cleansed

If any street of public place under the control of Government or any statutory body, or any premises to which large number of persons resort to, is not properly or regularly scavenged or is, in the opinion of the Municipal Commissioner, in a filthy and unwholesome condition, the Municipal Commissioner may, by written notice, require the owner or the occupier to do the scavenging or cleansing or may cause scavenging or cleansing to be done and the cost of such scavenging or cleansing shall be recovered from the owner or the occupier thereof.

S.340 Municipal Commissioner not to sanction building plan in certain cases except in conformity with regulations for solid wastes

       (1) The Corporation may by regulations determine any class or classes of buildings in the cases of which the Municipal Commissioner shall not sanction any building plan except in conformity with the regulations framed by the Corporation for construction on the premises of receptacles for temporary deposit of solid wastes.

       (2) The Corporation may by regulations determine the types, materials of construction or designs on the basis of which such receptacles, trailers or other means for removal of solid wastes may be constructed and where these may be located in any premises, and the person applying for sanction of building plan shall be bound to construct the same accordingly.

       (3) Without prejudice to the generality of the foregoing provision, the

S.341 Power to inspect premises for sanitary purposes

The Municipal Commissioner may inspect within sunrise or sunset any premises for the purpose of ascertaining compliance with the provisions of this Chapter.

S.342 Notice to be given by methar, etc., before withdrawing from work

Notwithstanding anything to the contrary contained in any other law in force for the time being, no methar or other employee of the Corporation who is employed to remove or otherwise deal with any rubbish, offensive matter, filth, trade refuse, or other solid waste, shall, without giving the Municipal Commissioner any notice of his intention so tp do or without the permission of the Municipal Commissioner, withdraw from his duties.

S.342(a) Arrangement for fire prevention and fire safety

On the coming into force of the West Bengal Fire Services Act, 1950 (West Ben. Act XVIII of 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.
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].

S.343 Vesting of public streets, squares, parks and gardens in the Corporation

       (1) All public streets, squares, parks and gardens in Kolkata including the soil, sub-soil, side-drain, footpaths, pavements, stones and other materials, and all erections, materials, implements, trees and other things provided therein shall vest in the Corporation :

       Provided that no public street, square, park or garden which immediately before the commencement of this Act vested in the Government, the Board of Trustees for the Port of Calcutta, or the Board of Trustees for the Improvement of Calcutta shall, unless so directed by the authority competent to take a decision in this behalf, vest in the Corporation by virtue of this sub-section.

       (2) The State Government may by notification transfer to or take over from the Corporation for a limite

S.344 Functions of the Municipal Commissioner in respect of public streets, etc.

       (1) All public streets, squares, parks and gardens vested in the Corporation shall be under the control of the Municipal Commissioner and he shall cause the same to be maintained, controlled and regulated in accordance with the provisions of this Act and the rules and the regulations made thereunder.

       (2) The Municipal Commissioner shall, from time to time, cause all public streets vested in the Corporation to be levelled, metalled or paved, channelled, altered or repaired, and may widen, extended or otherwise improved any such street or cause the soil thereof to be raised, lowered or altered or may place and repair fences and posts for the safety of pedestrians.

       (3) The Municipal Commissioner shall, from time to time, cause various items of stre

S.345 Municipal Streets Technical Committee

       (1) The Mayor-in- Council shall constitute a Municipal Streets Technical Committee with the Municipal Commissioner as its Chairman and another officer of the Corporation as its convener.

       (2) In addition to the Chairman and the convener, the Committee shall have five other members of whom-

       (a) one shall be a nominee of the Calcutta Metropolitan Development Authority,
       (b) one shall be a nominee of the Commissioner of Police, Kolkata, and
       (c) three shall be nominated by the State Government from the concerned departments of the State Government or statutory bodies.

       (3)

S.346 Classification of public streets

       (1) The Mayor-in-Council shall classify all public streets in Kolkata in one or other of the following categories :

       (a) category I-arterial roads,
       (b) category II-sub-arterial roads,
       (c) category III-collector roads,
       (d) category IV-local roads,
       (e) category V-pedestrian pathways, and
       (f) category VI-footpaths.

       (2) The classification shall be done with due regard to the traffic role of the particular public street and the nature and volume of traffic on it, its existing width, and abutting land uses :

S.347 Compulsory provision of footpaths

       (1) Notwithstanding their present availability, the Corporation shall ensure within a reasonable time and subject to the availability of resources that all public streets under category I, category II and category III have raised footpaths adjoining the same.

       (2) Notwithstanding the existing situation, the Mayor-in-Council shall specify different minimum widths for footpaths which are adjacent to the public streets under category I, category II and category III so as not to be less than 1.5 metres on each side in any case :

       Provided that more than one minimum width may be specified for the footpath abutting each category of public street so as to provide for different requirements owing to different abutting land uses :
   &nb

S.348 Rights of way for underground utilities

Subject to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), the Indian Electricity Act, 1910 (9 of 1910), the Calcutta Metropolitan Water and Sanitation Authority Act, 1966 (West Ben. Act XIII of 1966), the Metro Railways (Construction of Works) Act, 1978 (33 of 1978), and such other Act as may be notified by the State Government for the purpose of this section, the State Government may by rules provide for the following :-
(a) the sanction by the Mayor-in-Council of specific rights of way in the subsoil of public and private streets in Kolkata for different public utilities including electric supply, telephone or other telecommunication facilities, gas pipes, water-supply, sewerage and drainage, and underground rail system, pedestrian subways, shopping plazas, warehousing facilities and the apparatus and appurtenances related thereto provided by Government, any stat

S.349 Maps of underground utilities

The Municipal Commissioner shall cause to be maintained complete survey maps, drawings, and descriptions of all the underground utilities in Kolkata 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 (19 of 1923).

S.350 Power to make new public streets

       The Municipal Commissioner may, at any time with the previous sanction of the Mayor-in-Council,-
       (a) lay out and make new public streets, or

       (b) construct bridges and subways, or

       (c) turn or divert any existing public street, or

       (d) lay down and determine the position and direction of a street or streets in any part of Kolkata, or

       (e) declare any street, made and duly executed either under an improvement Scheme in pursuance of the provisions of the Calcutta Improvement Act, 1911, (Ben. Act V of 1911), or by any other st

S.351 Minimum width of new public streets

No new public street made under this Chapter shall be less than ten metres in width, including the footpath :
Provided that a pedestrian pathway in a new colony planned by any statutory body and specifically approved by the State Government for the purpose of this section may be six metres in width.

S.352 Power to acquire lands and buildings for public streets and for public parking places

       The Municipal Commissioner may, subject to the other provisions of this Act,-
       (a) acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street, square, park or garden or of making a new one, together with any building standing upon such land;

       (b) acquire, in relation to any land or building as aforesaid, such land with building thereon outside the regular line or the projected regular line of such public street;

       (c) acquire any land for the purpose of laying out or making a public parking place.

S.353 Permanent closure of public street, park, square or garden and disposal of land

       Section 353 subs, by s. 3 of the Calcutta Municipal Corporation (Amendment) Act, 1985 (West Ben. Act XXIII of 1985) (with effect from 19.8.1985).
       (1) The Municipal Commissioner may, with the previous sanction of the Mayor-in-Council, and subject to the approval of the State Government, permanently or temporarily close the whole or any part of a public street, park, square or garden in the public interest or for the purpose of carrying out the provisions of this Act :

       Provided that the Municipal Commissioner shall give a public notice of such closure by insertion in at least three local newspapers and the notice shall specify the date on and from which the closure shall be effected.

       (2) For the purpos

S.354 Temporary closure of public street

The Municipal Commissioner may temporarily close the whole or any part of a public street to permit development and maintenance work, and may, subject to the conditions determine by the May'or-in-Council, authorize such closure for other purposes for any period not exceeding a fortnight.

S.355 Closure of public street for parking purposes

       (1) The Municipal Commissioner may, subject to the recommendations of the Municipal Streets Technical Committee and with the prior approval of the Mayor-in-Council, close any portion of a public street and declare it as a fee parking area.

       (2) Parking fees at different rates for different vehicles for different areas for different periods shall be levied at such rates as may be determined by the Corporation by regulations.

S.356 Power to prohibit use of public streets for certain kind of traffic

       (1) The Municipal Commissioner may-

       (a) prohibit or regulate, either temporarily or permanently, vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality;
       (b) prohibit, in respect of a public street or a portion thereof, the transit of any vehicle of such type, form, construction, weight, emission or size, or of any vehicle laden with such heavy or unwieldy object, as is likely to cause injury to the roadways or any construction thereon, or of any vehicle on the ground of public convenience, except under such conditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants, and other general precautions and up

S.357 Defining regular line of a street

       (1) The Municipal Commissioner may, with due regard to the minimum widths prescribed for various categories of streets including the footpaths abutting the same, define the regular line on one or both sides of any public street or portions thereof in accordance with the rules and the regulations made in this behalf and may, with the previous sanction of the Corporation, redefine at any time any such regular line :

       Provided that, before redefining such regular line, the Corporation shall, by public notice, afford a reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed redefinition and shall consider all such suggestions or objections which may be made within one month from the date of publication of such notice :

S.358 Setting back building to regular line of street

       (1) If any part of a building abutting on a public street is within the regular line of that street, the Municipal Commissioner may, whenever it is proposed-

       (a) to repair, rebuild or construct such building or to pull down such building to an extent measured in cubic metre exceeding one-half thereof above the ground level, or
       (b) to repair, remove, construct or reconstruct or make any additions to, or structural alternations of, any portion of such building which is within the regular line of the street, by an order as respects the additions to or rebuilding, construction, repair or alterations of such building, require such building to be set back to the regular line of such street.

       (2) When any bu

S.359 Compulsory setting back of building to regular line of Street

       (1) Where any building or any part thereof is within the regular line of a public street and, in the opinion of the Municipal Commissioner, it is necessary to set back such building or part thereof to the regular line of such street in pursuance of any development plan, he may, by a notice served on the owner of such building in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of such street should not be pulled down and the land within the regular line acquired by the Municipal Commissioner on behalf of the' Corporation.

       (2) If the owner fails to comply with the requirements of the notice under sub-section (1), the Municipal Commissioner may, with the approval of the Mayor-in-Council, pull

S.360 Setting forward of building to regular line of street

       (1) If any building which abuts on a public street is in the rear of the regular line of such street, the Municipal Commissioner may, whenever it is proposed-

       (a) to rebuild such building, or
       (b) to alter or repair such building in such manner as will involve the removal or re-erection of such building, or portion thereof abuts on such street, to an extent measured in cubic metre exceeding one-half of such building or portion thereof above the ground level, by an order as respects the rebuilding, alteration or repair of such building or portion thereof, permit or, with the approval of the Mayor-in-Council, require such building to be set forward to the regular line of such street.

       (2) For the purpose

S.361 Acquisition of open land and land occupied by platforms, etc., within the regular line of street

If any land, whether open or enclosed, not vested in the Corporation and not occupied by any building, is within the regular line of public street or if any platform, verandah, step, compound wall, hedge, fence or some other structure, authorised or not, external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street, the Municipal Commissioner may, after giving the owner of such land or building not less than thirty days' clear notice of his intenation so to do, take possession, on behalf of the Corporation, of such land with its enclosing wall, hedge or fence, if any, or of such platform, verandah, step, compound wall, hedge, fence or other structure or of any portion thereof within the regular line of the public street and, if necessary, clear the same, and the land so acquired shall thereupon be deeme

S.362 Acquisition of remaining part of building and land after their portions within the regular line of street have been acquired

Where a land or building is partly within the regular line of a public street and the Municipal Commissioner is satisfied that the land remaining after the excision of the portion within such line will not be suitable or fit for any beneficial use, he shall, at the request of the owner, acquire such land in addition to the land within such line and such surplus land shall vest in the Corporation and shall be used or disposed of for such development purpose as may be ordered by the Mayor-in-Council.

S.363 Compensation to be paid

       (1) Compensation shall be paid by the Corporation to the owner of any building or land acquired for a public street, square, park or garden under the provisions of this Chapter:

       Provided that any increase or decrease in the value of the remainder of the property, of which building or the land so acquired formed part, likely to accrue from the setting back to the regular line of a public street, shall be taken into consideration in determining the amount of such compensation.

       (2) If any additional land, which will be included in the premises of any person permitted or required by an order under sub-section (2) of section 360 to set forward a building to the regular line of a public street, belongs to the Corporation, such order shall be a suffic

S.364 Owners obligation to make a street when dealing with land as building site

If the owner of any land utilizes, sells, leases out or otherwise disposes of such land or any portion or portions 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 or private street.

S.365 Layout plans

       (1) Before utilizing, selling or otherwise disposing of any land under section 364, the owner thereof shall send to the Municipal Commissioner a written application with a layout 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;
       (b) the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any other public purpose;
       (c) the intended level, direction and width of street or streets, including footpaths;
       (d) the regular line of street or streets;
      &

S.366 Alteration or demolition of street made in breach of section 365

       (1) If any person lays out or makes any street otherwise than in conformity with the provisions of section 365, the Municipal Commissioner may, whether or not such person is prosecuted under this Act, by a written notice,-

       (a) require him to show cause, by a written statement signed by him and sent to the Municipal Commissioner on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Municipal Commissioner or if such alteration is impracticable, why such street should not be demolished; or
       (b) require him to appear before the Municipal Commissioner either personally or by a duly authorized agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid.
    &nb

S.367 Levelling and draining of private streets

       (1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Municipal Commissioner, he may, by a written notice, require the owners of such street or part thereof and the owners of the lands and the buildings fronting or abutting on such street or part thereof to carry out any work which, in his opinion, may be necessary, and within such time as may be specified in such notice.

       (2) If such work is not carried out within the time specified in the notice, the Municipal Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in such proportion as may be determined by the Municipal Commissioner and shall be recoverable from them as an arrears of tax under this Act

S.368 Right of owners to require streets to be declared public

If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under section 367, the Municipal Commissioner may, and, if the street is not less than six metres in width, on the requisition of a majority of the owners referred to in sub-section (1) of that section, shall, declare such street to be a public street and thereupon the street shall vest in the Corporation.
1 Proviso added by s. 15 of the Calcutta Municipal (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989).[Provided that where a private street has been in existence for not less than thirty years and is used by the people of the locality as a thoroughfare, the Corporation may declare such street to be a public street even though it does not strictly comply with the provisions of this Chapter.]

S.369 Prohibition of projections upon streets, etc.

       (1) No person shall erect, set up, add to, or place against or in front of, any premises any structure or fixture which will-

       (a) overhang, jut or project into, or in any way encroach upon, and obstruct in any way the safe or convenient passage of public along, any street, or
       (b) jut or project into, or encroach upon, any drain or open channel in any street so as to interfere with in any way the use or proper working of such drain or channel or to impede the inspection or cleansing thereof.

       (2) The Municipal Commissioner may, by a written notice, require the owner or the occupier of any premises to remove, or to take such other action as he may direct in relation to, any structure or fixture which ha

S.370 Ground floor doors, etc., not to open outwards on streets

The Municipal Commissioner may, at any time, by a written notice, require the owner of any premises, on the ground floor of which any door, gate, bar or window opens outwards upon a street or upon any land require for the improvement of a street in such manner as in the opinion of the Municipal Commissioner obstructs the safe or convenient passage of the public along such street, to have such door, gate, bar or window altered so as not to open outwards.

S.371 Prohibition of structures or fixtures which cause obstruction in streets

       (1) No person shall, except with the permission of the Municipal Commissioner granted in this behalf, erect or set up any wall, fence, rail, post, step, booth or other structure, whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank.

       (2) Nothing in this section shall apply to any erection or thing to which clause (c) of sub-section (1) of section 377 applies.

S.372 Power to remove anything erected, deposited or hawked in contravention of this Act

       The Municipal Commissioner may, without notice, cause to be removed-
       (a) any wall, fence, 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, b

S.373 Power to require removal of any structure or fixture erected or set up before the coming into force of section 371

       (1) The Municipal Commissioner may, by a written notice, require the owner or the occupier of any premises contiguous to or in front of or connected with any wall, fence, rail, post, step, booth or other structure or fixture, the erection or the setting up of which would be unlawful after the coming into force of section 371, to remove such wall, fence, rail, post, step, booth or other structure or fixture, erected or set up before the coming into force of that section.

       (2) If in any case the erection or the setting up of any structure or fixture as aforesaid shall have been lawful, compensation shall be paid by the Municipal Commissioner to every person who sustains loss or damage by the removal of such structure or fixture.

S.374 Prohibition of tethering of animals and milking of cattle

       (1) No person shall tether any animal or cause or permit any animal to be tethered in any public street.

       (2) No person shall milk or cause or permit to be milked any cow or buffalo or other animal in any street.

       (3) Any animal tethered or any cow or buffalo or other animal found being milked as aforesaid in any street may be removed by the Municipal Commissioner or any officer or employee of the Corporation and impounded and dealt with under the provisions of the West Bengal Cattle Licensing Act, 1959 (West Ben. Act I of 1959).

S.375 Temporary erections on streets during festivals

       (1) The Municipal Commissioner may grant a written permission for temporary erection of a booth, pandal, or any other structure on any public place on occasions of ceremonies and festivals, on payment of such fee and on such conditions as may be determined by the Corporation by regulations, and for such period as may be mentioned in the letter of permission :

       Provided that no permission shall be given under this section without the concurrence of the Commissioner of Police, Kolkata.

       (2) The person to whom such permission is granted shall fill in the ground and reinstate the same to the satisfaction of the Municipal Commissioner within such period as may be mentioned in the letter of permission.

S.376 Precautions during repair of streets

       (1) The Municipal Commissioner shall, so far as is practicable during the construction or repair of any public street or any drain of the Corporation or any premises vested in the Corporation,-

       (a) cause the same to be fenced and guarded;
       (b) take proper precautions against accident by shoring up and protecting the adjoining buildings;
       (c) cause such bars, chains, or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage or vehicles or animals and avert danger.

       (2) The Municipal Commissioner shall cause such street, drain or premises to be sufficiently l

S.377 Streets not to be opened or broken up and building materials not to be deposited thereon without permission

       (1) No person other than the Municipal Commissioner or an officer or other employee of the Corporation shall, without the written permission of the Municipal Commissioner or without other lawful authority,-

       (a) open, break up, displace, take up or make any alteration in, or cause any injury to, the soil or pavement or any wall, fence, post, chain or other material or thing forming part of any street; or
       (b) deposit any building materials in any street; or
       (c) set up in any street any scaffold or any temporary erection for the purpose of any work whatsoever, or any post, bars, rails, boards or other things by way of an enclosure for the purpose of making mortar or depositing bricks, lime rubbish or other materials.

S.378 Precautions for public safety to be taken by persons to whom permission is granted under section 377

       (1) The Municipal Commissioner may grant permission for any work referred to in section 377 on such conditions as may be determined by regulations and may also required the person to whom such permission is granted to make deposit of a sum of money considered by the Municipal Commissioner to be adequate, in advance, for carrying out the work and restoring the street or pavement on which work is carried out to its original condition.

       (2) Every person to whom any permission is granted under section 377 shall, at his own expense, cause the place where any soil or pavement has been opened or broken up or where he has deposited building materials or set up any scaffold, erection or other thing to be properly fenced and guarded, and in all cases in which it is necessary so to do to prevent accidents, shall cause such place to be well lighted

S.379 Persons to whom permission is granted must reinstate Street, etc.

       (1) Every person to whom permission is granted under section 377 to open or break up the soil or pavement of any street or who, under other lawful authority, opens or breaks up the soil or pavement of any street shall, with all convenient speed, complete the work for which the soil or pavement is opened or broken up, fill up the ground, and reinstate and make good the street so opened or broken up without delay and to the satisfaction of the Municipal Commissioner.

       (2) If such person fails to reinstate and make good the street as aforesaid, the Municipal Commissioner may restore such street, and the expenditure incurred by the Municipal Commissioner in so doing shall be paid by such person.

S.380 Municipal Commissioner may close street in which work is in progress

       (1) The Municipal Commissioner may, when any such work as aforesaid of any work, which may lawfully be executed in any street, is in progress, direct that such street shall be wholly or partially closed to traffic or to traffic of such description as he may think fit, and shall set up in a conspicuous position an order prohibiting traffic to the extent so directed, and fix such bars, chains or posts across or in the street as he may think proper for preventing or restricting the traffic therein.

       (2) No person shall, without the permission of the Municipal Commissioner or without any other lawful authority, remove any bar, chain or post so fixed or infringe any order prohibiting traffic so set up.

S.381 Municipal Commissioner to provide for traffic, etc., pending execution of work in any street

When the execution of any work is in progress in any street, the Municipal Commissioner shall, so far as may be reasonably practicable, make adequate provisions for the passage or diversion of traffic, for securing access to all premises approached from such street, and for such drainage, water supply or means of lighting as may be interrupted by reason of the execution of such work.

S.382 Provisions to be made by persons to whom permission is granted for traffic, etc., when their works interrupt streets

The Municipal Commissioner may, by a written notice, require any person, to whom permission is granted under section 377 to open or break up the soil or pavement of any street or who, under any other lawful authority, opens or breaks up the soil or pavement of any street for the purpose of executing any work, to make provisions to his satisfaction for the passage or diversion of traffic, for securing access to the premises approached from such street and for such drainage, water supply or means of lighting as may be interrupted by reason of the execution of such work, and if such person fails to do it, the Municipal Commissioner may cause the same to be done and recover the expenses thereof from such person.

S.383 Disposal of things removed under this Chapter

Anything caused to be removed by the Municipal Commissioner under this Chapter shall, unless the owner thereof turns up to take back such thing and pays to the Municipal Commissioner the charges for the removal and storage of such thing within such period as the Municipal Commissioner may specify, be disposed of by the Municipal Commissioner within seven days of the expiry of such period by public auction or in such other manner as he thinks fit, and the proceeds thereof shall be credited to the Municipal Fund.

S.384 Advisory Committee for naming of streets, etc.

       (1) The State Government shall by notification constitute an Advisory Committee for naming of streets in Kolkata. The Advisory Committee shall consist of such number of persons, not exceeding ten but not less than seven, as the State Government may think fit.

       (2) The members of the Advisory Committee shall be chosen from amongst historians or persons with high cultural background and shall hold office for such period and on such terms as may be specified in the notification.

       (3) The Advisory Committee shall examine every proposal for determining the name of any street or public place vested in the Corporation or for changing such name in such manner as it thinks fit and shall forward its recommendations to the Corporation.
   &

S.385 Naming and numbering of streets

       (1) The Municipal Commissioner may-

       (a) with the approval of the Corporation determine the name or number by which any street or public place vested in the Corporation shall be known :
       Provided that in giving such approval, the Corporation shall consider the recommendation of the Advisory Committee and may accept the same :
       Provided further that if the Corporation is unable to accept such recommendation, it shall forward its proposal together with the recommendation of the Advisory Committee and its comments thereon to the State Government whose decision thereon shall be final :

       (b) cause to be put up or painted at a conspicuous part of any building, wall

S.386 Municipal Commissioner to take steps for repairing of enclosing dangerous places

       (1) If any place is, in the opinion of the Municipal Commissioner, for want of sufficient repair or protection or enclosure or owing to some work being carried out thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or the occupier of such place who have legal access thereto or to the neighbourhood thereof, the Municipal Commissioner may, by a notice in writing, require the owner or the occupier of such place to repair, protect or enclose the same or to take such other step as may appear to the Municipal Commissioner to be necessary in order to prevent the danger or inconvenience arising therefrom within such period as may be specified in the notice,

       (2) The Municipal Commissioner may, before giving such owner or occupier any such notice or before the expiry of the period s

S.387 Measures for lighting

       (1) The Municipal Commissioner shall-

       (a) take measures for lighting, in a suitable manner, such public streets, public places, squares, parks, gardens, municipal markets and properties of the Corporation as may be specified by the Mayor-in-Council;
       (b) procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the purpose as aforesaid;
       (c) cause such lamps to be lighted by such means as may be determined by him;
       (d) place and maintain-
       (i) electric wires for the purpose of lighting such lamps under, over, along or across, and
       (ii) post, poles, standards, stays, s

S.388 Prohibition for removal, etc. of lamps

       (1) No person shall, without any lawful authority, take away or wilfully or negligently break or throw down or damage-

       (a) any lamp or any appurtenance of any lamp or lamp post or lamp iron set up in any public street or any public place;
       (b) any electric wire for lighting such lamp;
       (c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp.

       (2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place.

       (3) If any person wilfu

S.389 Power to take measures for generation of electricity

The Corporation may on its own or in collaboration with any one erect plants for the generation of electric power subject to such regulations as may be made in this behalf.

S.390 Definitions

       In this Chapter, unless the context otherwise requires,-
       (1) The expression "to erect a building" means-

       (a) to erect a new building on any site, whether previously built upon or not;
       (b) to re-erect-
       (i) any building of which more than one-half of the cubical contents above the level of plinth have been pulled down, burnt or destroyed, or
       (ii) any building of which more than one-half of the superficial area of the external walls above the levels of plinth has been pulled down, or
       (iii) any frame-building of which more than half of the number of posts or beams in the external walls have been pulled down;
&nbs

S.391 Municipal Building Committee

       (1) The Mayor-in-Council shall constitute a Municipal Building Committee with the Municipal Commissioner as its Chairman and an officer of the Corporation as its convener.

       (2) The Committee shall have, in addition to the Chairman and the convener, 1 The words "five other members" subs, by s. 2(1) of the Calcutta Municipal Corporation (Amendment) Act, 1989 (West Ben. Act XV of 1989) for the words "three other members".[2 Subs, by s. 28(1) of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997) for the word "seven", which was earlier subs, by s. 17(a) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995) for the word "nine". Before this amendment it was subs, by s. 16(a) of the Calcutta Municipal Corp

S.392 Prohibition of building without sanction

No person shall erect or commence to erect any building or execute any of the works specified in section 390 except with the previous sanction of the Municipal Commissioner and in accordance with the provisions of this Chapter and of the rules and the regulations made under this Act in relation to such erection of building or execution of work.

S.393 Erection of building

       (1) Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Municipal Commissioner in such form and containing such information as may be prescribed.

       (2) Every such notice shall be accompanied by such documents and plans as may be prescribed.

S.394 Application for addition to or repairs of buildings

       (1) Every person who intends to execute any of the works specified in 1 Subs, by s. 35 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for words, brackets and letter "clause (b)".[clause (b) to clause (m)] of sub-section (1) of section 390 shall apply for sanction by giving notice in writing of his intention to the Municipal Commissioner in such form and containing such information as may be prescribed.

       (2) Every such notice shall be accompanied by such documents and plans as may be prescribed.

S.395 Purpose for which building to be used and conditions of validity of notice

       (1) Every person giving any notice of his intention to erect a building under section 393 shall specify the purpose for which such building is intended to be used :

       Provided that for any building, not more than one class of use, consistent with the occupancy or the use group within the meaning of sub-section (2) of section 390, shall be considered except in respect of the cases where, under this Act or any other law in force for the time being, mixed occupancies of specified nature may be permissible.

       (2) Every person giving any notice under section 394 of his intention to execute any of the works specified in clause (b) of sub-section (1) of section 390 shall specify whether the purpose for which such work is intended to be executed is propose

S.396 Sanction or provisional sanction or refusal of building or work

       (1) The Municipal Commissioner shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of sub-section (2) or sub-section (3) of this section or the provisions of section 405 or section 406 :

       Provided that no such sanction shall be accorded without the prior approval of the Mayor-in-Council in case of any building, except a residential building, proposed to be erected or re-erected on a plot of 1 Subs, by s. 29(1) of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997) for the words and figures "500 square metres or less of land:".[500 square metres or less of land, or a heritage building :]
       Provided further that the Mayor-in-Council shall consider t

S.397 Sanction or provisional sanction accorded under misrepresentation

If, at any time after the communication of sanction or provisional sanction to the erection of any building or the execution of any work, the Municipal Commissioner is satisfied that such sanction or provisional sanction was accorded in consequence of any material mis-representation or any fraudulent statement in the notice given or information furnished under section 393, or section 394, or section 395, he may, by order in writing, cancel, for reasons to be recorded, such sanction or provisional sanction, and any building or any work commenced, erected or executed shall be deemed to have been commenced, erected or executed without such sanction and shall be dealt with under the provisions of this Chapter :
Provided that before making any such order, the Municipal Commissioner shall give a reasonable opportunity to the person affected as to why such order should not be made.

S.398 When building or work may be proceeded with

       (1) Where within a period of sixty days or, in cases falling under 1 Subs, by s. 36(a) of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for word, brackets and letter "clause (b)".[clause (b) to clause (m)] of sub-section (1) of section 390, within a period of thirty days of the receipt of any notice under section 393 or section 394 or of any information under section 395 the Municipal Commissioner does not refuse the sanction to the erection of any building or the execution of any work or, upon refusal, does not communicate the refusal to the person who has given the notice, such person may make a representation- in writing to the Mayor:

       Provided that if it appears to the Municipal Commissioner that the site of the proposed building or work is likely to be aff

S.398(a) Bar to construction of building in certain cases for a limited period

       Section 398A ins. by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 1990 (West Ben. Act 1 of 1990) (with retrospective effect from 18.12.1989).
       (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, with effect from the date of coming into force of the Calcutta Municipal Corporation (Amendment) Act, 1990 (hereinafter referred to in this section as the said Act) and for a period of one year from such date (hereinafter referred to in this section as the said period), no person shall apply for sanction of any plan to erect a building exceeding thirteen and a half metres in height.

       (2) Any application for sanction of any plan to erect a building exceeding thirteen and a half metres in height, submitted by any person-

S.399 Period for completion of building or work

The Municipal Commissioner shall, when sanctioning the erection of a building or the execution of a work specify a reasonable period within which the building or the work is to be completed, and if the building or the work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Municipal Commissioner, on an application made in this behalf, allows an extention of such period.

S.400 Order of demolition and stoppage of buildings and works in certain cases and appeal

       (1) Where the erection of any building or the execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the sanction referred to in section 396 or in contravention of any of the provisions of this Act or the rules and the regulations made thereunder, the Municipal 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 demolished by the person at whose instance the erection or the work has been commenced or is being carried on or has been completed within such period, not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefore has been delivered to such person, as may be specified in the order:

       P

S.401 Order of stoppage of buildings or works in certain cases

       (1) Where 1 Ins. by s. 30(1) of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI of 1997) (with effect from 22.12.1997).[the demolition of any heritage building or] the erection of any building or the execution of any work has been commenced or is being carried on without or contrary to the sanction referred to in section 396 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or the rules or the regulations made thereunder, the Municipal Commissioner may, in addition to any other action that may be taken under this Act, by order, required the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.

       2 Sub-sections (1A) and (1B) ins. by s. 30(2), ibid (with effect

S.401(a) Construction of building in contravention of the provisions of the Act or the rules made thereunder

Section 401A ins. by the Calcutta Municipal Corporation (Second Amendment) Act, 1993 (West Ben. Act XVII of 1993). 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 new-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.

S.402 Power of Municipal Commissioner to require alteration of work

       (1) The Municipal Commissioner may, at any time during the erection of any building or the execution of any work or at any time within three months after the completion thereof, by a written notice, specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 396 or is in contravention of any condition of such sanction or of any of the provisions of this Act or the rules or the regulations made thereunder and require the person who gave the notice under section 393 or section 394 or the owner of such building or work either-

       (a) to make such alterations as may be specified by the Municipal Commissioner in the notice with the object of bringing the building or the work in conformity with such sanction or such condition of such sanction or such provisions of this Act or

S.403 Completion certificates

       (1) Every person giving notice under section 393 or section 394 or every owner of a building or a work to which notice relates shall, within one month after the completion of erection of such building or execution of such work, deliver or send or cause to be delivered or sent to the Municipal Commissioner a notice, in writing, of such completion accompanied by a certificate in the form specified in the rules made in this behalf and shall give to the Municipal Commissioner all necessary facilities for inspection of such building or work.

       (2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof affected by any such work until permission has been granted by the Municipal Commissioner in this behalf in accordance with the rules and the regulation made under this Act: <

S.404 Municipal Building Code

       (1) The State Government may make rules-

       (a) for the regulation or restriction of the use of sites for building, and
       (b) for the regulation or restriction of building,

       (2) Without prejudice to the generality of the power conferred by subsection (1), the rules made thereunder may provide for all or any of the following matters :-

       (a) information and plans to be submitted together with application under any of the provisions of this Chapter,
       (b) requirements of sites,
       (c) means of access,
     &

S.405 Buildings at corners of streets

       (1) Notwithstanding the provisions of this Act or the rules and the regulations made thereunder or of any other law in force for the time being, the Municipal Commissioner may, in the case of any building which is intended to be erected at the corner of two streets-

       (a) refuse sanction for such reasons as may be recorded in writing, or
       (b) impose restrictions on its use, or
       (c) place special conditions concerning exit to or entry from any street, or
       (d) require it to be rounded off or splayed or cut off to such height and to such extent as he may determine, or
       (e) acquire such portion of the site at the corner as he may consider necessary for public convenie

S.406 Provisions as to buildings and works on either side of new streets or near fly-overs or transportation terminals

       (1) The sanction to the erection of any building or the execution of any work on either side of a new street may be refused by the Municipal Commissioner unless and until such new street has been levelled, and, in the opinion of the Municipal Commissioner, wherever practicable, metalled or paved, drained, lighted and laid with a water main, to his satisfaction.

       (2) The sanction to the erection of any such building or the execution of any such work may be refused by the Municipal Commissioner if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Municipal Commissioner but which has not been actually erected or executed, or if such building or any portion thereof or such work is in contravention of any building plan or any other sche

S.407 Provisions against use of inflammable materials for buildings, etc. without permission

       (1) No roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass leaves mats or other inflammable materials except with the written permission of the Municipal Commissioner, nor shall any such roof, verandah, pandal, wall, shed or fence, constructed or reconstructed in any year, be retained in a subsequent year except with the fresh permission obtained in this behalf.

       (2) Every permission granted under sub-section (1) shall expire at the end of the year for which it is granted.

       (3) The Municipal Commissioner may regulate the use of materials, design or construction, or other practices for interior decoration in accordance with the rules and the regulations made in this behalf.

S.408 Power to regulate future construction of buildings in particular streets or localities

       (1) The Municipal Commissioner may, subject to the prior approval of the Mayor-in-Council, give public notice of his intention to declare-

       (a) that in any street or portion thereof specified in such notice, the elevation and construction of the frontage of all buildings or any classes of buildings erected or re-erected after such notice shall in respect of their architectural features, be such as the Mayor-in-Council may consider suitable to the locality; or
       (b) that in any locality specified in such notice, there shall be allowed the erection of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall; be of an area not less than that specified in such notice; or
       (c) that the minimum of building

S.409 Power to stop excavation

If, during excavation or any other operation for the purpose of construction of any building or execution of any work, any of the underground utilities (such as, electric or telephone cables, water-supply, sewerage and drainage mains, and gas pipes) is touched or is likely to be touched, or if the Municipal Commissioner is of opinion that such excavation may cause danger to public, the Municipal Commissioner may, by a written order, stop forthwith any such excavation or other work till the matter is investigated and decided to his satisfaction.

S.410 Power to require alteration of existing buildings

       The Municipal Commissioner may, with a view, to promoting public or occupier's convenience, safety, privacy, or sanitation or to securing conformity with the provisions of this Act and the rules and the regulations made thereunder, by order in writing, require the owner of any existing building to make such alterations therein within such period as may be specified in the order:
       Provided that before making any such order, the Municipal Commissioner shall afford a reasonable opportunity to the owner to show cause why such order should not be made.

S.411 Power to order removal of dangerous buildings

       (1) If any wall or building, or anything affixed thereto, be deemed by the Municipal Commissioner to be in a ruinous state, or likely to fall, or to be in any way dangerous, he shall forthwith cause a written notice to be served on the owner and to be put on some conspicuous part of the wall or building or served on the occupier, if any, of the building requiring such owner or occupier forthwith to demolish, repair or secure such wall, building or thing, as the case may require :

       1 Proviso added by. 31 of the West Bengal Municipal Corporation (Amendment) Act, 1997 (West Ben. XXVI of 1997) (with effect from 22.12.1997).[Provided that in the case of a heritage building the Municipal Commissioner may refer the State or the condition thereof to the Heritage Conservation Committee for its consideration and decision.]
   &

S.412 Power to order building to be vacated in certain circumstances

       (1) The Municipal Commissioner may, by order in writing, direct that any building, which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 396 or section 403, be vacated forthwith or within such period as may be specified in the order:

       Provided that at the time of making such order, the Municipal Commissioner shall record a brief statement of the reasons therefor.

       (2) If any person fails to vacate the building in pursuance of such order, the Municipal Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction.

S.413 Inspection of buildings

       (1) The Municipal Commissioner may, at any time during the erection or re-erection of a building or the execution of any work under this Chapter, make an inspection thereof without giving any previous notice of his intention so to do.

       (2) The Municipal Commissioner may inspect any existing building at any time by giving seven day's notice in advance. . .

S.413(a) Regularization of buildings in certain cases

       Section 413A ins. by s. 18 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995).
       (1) Notwithstanding anything contained in this chapter or elsewhere in this Act, all buildings, the construction of which by the persons displaced from East Pakistan (now Bangladesh) or by their successors-in-interest on lands occupied by such persons have been completed on or before the commencement of the Calcutta Municipal Corporation (Amendment) Act, 1996, and where the documents of title to such lands have been granted by the State Government, shall be regularized by the Municipal Commissioner under this Chapter, subject to payment of the requisite fees and charges and on submission of application in the prescribed form along with the plan for each such building :

&

S.414 Engagement of technical person

Section 414 subs, by s. 19 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with effect from 11.4.1996), which was earlier as under : "414. Licensing of Building Architects.- (1) The Municipal Commissioner may, from time to time and in accordance with such rules regarding qualifications of architects in respect of several classes of buildings as may be prescribed, grant licence to any architect to act as a Licensed Building Architect for the purposes of this Chapter. (1A) An architect who obtains a certificate of enlistment under section 199, shall be eligible to practise as an architect for so long as his name is not removed from the register of architects for India under the Architects Act, 1972 (20 of 1972) and there is no complaint by the Municipal Commissioner against his professional conduct or on the ground of dereliction of duty on his part to the Council of Architecture constitu

S.415 Municipal Building Tribunal

Subs, by s. 18 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988), which was earlier as under: "415. Municipal Building Tribunal.-(1) The State Government shall appoint a Municipal Building Tribunal (hereinafter referred to in this section as "the Tribunal") to hear and decide appeals arising out of matters referred to in section 400 or section 416 in accordance with such procedure and to realise such fees in connection with such appeals as may be prescribed. (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 within such time as'may be fixed by the State Government and, in default, the State Government may appoint the other Assessor als

S.416 Prohibition on change of use of building

       (1) No person shall, without any written permission of the Municipal Commissioner or otherwise than in conformity with the conditions, if any, of such permission-

       (a) use or permit to be used for the purpose of human habitation any part of a building not originally erected or authorized to be used for such purpose;
       (b) change or allow the change of the use of any building for any purpose other than that specified in the sanction under section 396;
       (c) change or allow the change of the use of any building erected before the commencement of this Act contrary to the use for which such erection was originally sanctioned;
       (d) convert or allow the conversion of a tenement under a particular occupancy or use

S.417 Power to prevent use of premises in particular areas

       (1)The Municipal Commissioner may, subject to prior approval of the Mayor-in- Council, give public notice of his intention to declare that in any area specified in the notice, no person shall use any premises for any purpose specified in such notice and for reasons stated therein.

       (2) Objections to any such notice shall be received within a period of one month from the publication of the notice.

       (3) The Municipal Commissioner shall consider all objections received within the period as aforesaid, giving any person affected by the notice an opportunity of being heard during such consideration, and may thereupon make a declaration in accordance with the notice published under sub-section (1), with such modifications if any, as he may think fit so h

S.418 Hospital, nursing home, clinic, etc., not to be established without permission

       (1) No person shall, without the previous permission in writing of the Municipal Commissioner or otherwise than in conformity with the conditions, if any, of such permission, use any premises in Kolkata for the propose of a hospital, nursing home, clinic, polyclinic, diagnostic laboratory or such other institutional medical facility as may be specified by the Mayor-in-Council from time to time.

       (2) The Municipal Commissioner may refuse to give such permission if he is of the opinion that the proposed premises is not suitable for the purpose as aforesaid in view of criteria of hygiene and environmental sanitation.

S.419 Factory, etc., not to be established without permission

       (1) No person shall, without the previous permission in writing of the Municipal Commissioner or otherwise than in conformity with the conditions, if any, of such permission, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power :

       Provided that no such permission shall be granted in contravention of the provisions of section 425.

       (2) The Municipal Commissioner may refuse to give such permission if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises in the proposed position-

S.420 Warehouses, godowns, goods transport business, etc., not to be established without permission

       (1) No person shall, without the previous permission in writing of the Municipal Commissioner or otherwise than in conformity with the condition, if any, of such permission, use, or materially alter, enlarge, or extend the use of any premises as a warehouse or a godown or for running a goods transport business either by his own carriers or by arrangement with the owners of such carriers :

       Provided that no such permission shall be granted in contravention of the provisions of section 425.

       (2) The Municipal Commissioner may refuse to give such permission if he is of the opinion that the use, or the alteration, enlargement or extension of the use, of any premises as a warehouse or a godown or for running a goods transport business-

S.421 Eating houses, etc., not to be established without permission

(1) No permission shall, without the written permission of the Municipal Commissioner or otherwise than in conformity with the conditions, if any, of such permission, use, or permit to be used, or materially alter, enlarge, or extend the use of, any premises for the purpose of establishing or keeping open an eating house, hotel, boarding houses, tea shop, coffee house, cafe, restaurant, refreshment room, snack shop, snack bar, sweet meat shop, liquor house, tavern, wine shop, beer shop, spirit shop, arracks shop, toddy shop, ganja shop, bhang shop, opium shop, tobacco shop, bidi shop, cigarette shop, zarda shop, betel shop or betel leaf masalla shop or for the purpose of sale of dab or dab water, or any place, where the public are admitted for repose or consumption of any food or drink or where food is sold or is prepared for sale 1 Subs, by s. 33 of the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Act XXVI

S.422 Theatres, circuses, exhibitions, and places of public amusement not to be established without permission

       (1) No person shall, without the written permission of the Municipal Commissioner or otherwise than in conformity with the conditions, if any, of such permission, which shall be granted subject to the provisions under section 425, use, or permit to be used, or materially alter, enlarge or extend the use of any premises for the purpose of establishing or keeping open any theatre, cinema house, drive-in theatre or cinema house, circus, fair, fete, exhibition or dancing hall, or any other place of similar public resort, recreation or amusement for any such purpose :

       Provided that nothing in this section shall apply to private performance in any place.

       (2) The Municipal Commissioner may specify any conditions for providing, within the premises, spa

S.423 Permission in case of markets, shops, etc., along certain traffic corridors

       (1) The Municipal Commissioner may, from time to time and with the prior approval of the Mayor-in-Council, notify that no new market or shop or trading premises shall be established or kept open to abut on a category I or category II or category III street or portion thereof, without his prior permission, which shall be subject to the provisions of section 425.

       (2) The Municipal Commissioner may refuse to give such permission with due regard to the traffic constraints in the vicinity.

       (3) Notwithstanding the existence of any markets or shops on any such street, such refusal of the Municipal Commissioner shall be final.

S.424 Permission in case of other non-residential uses of premises

       (1) The Municipal Commissioner may, from time to time and with the prior approval of the Mayor-in-Council, notify such other non-residential uses of premises (including the one for an educational building or an institutional building or an assembly building or a business building or a mercantile building or an industrial building or a storage building or a hazardous building) as are not provided for in this Chapter and in the case of which prior permission of the Municipal Commissioner shall be necessary, subject to the provisions of section 425, for establishing, or materially altering, or enlarging, or extending the use of, any such premises.

       (2) The Municipal Commissioner may refuse to give such permission in any case on the ground that such use-

S.425 Conditions for grant of permission

       (1) In the case of any premises for the use of which a licence or permission is required from Government or any statutory body under any law for the time being in force, the Municipal Commissioner shall not grant any permission under this Act to any person until such person produces before the Municipal Commissioner the licence or the permission from Government or statutory body, as the case may be, and submits duly authenticated copies thereof to him :

       Provided that in the case where production of a municipal permission is a precondition for the grant of a licence or permission under any other law for the time being in force, the Municipal Commissioner may grant a provisional permission which shall become final upon production of a licence or permission under the said law :
       Provided furthe

S.425(a) Owner to maintain, preserve and conserve heritage building

       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 securing convenient access to, a heritage building.

       Explanation II.-"Owner" shall, notwithstanding anything contained elsewhere in this Act, include, for the purposes of this Chapter,-

&n

S.425(b) Power of Corporation to declare a building as a heritage building

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 Kolkata 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 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 Municipal Commissioner

S.425(c) Gradation of heritage building

The gradation of a heritage building according to its historical, architectural, environmental or ecological purpose shall be such as may be prescribed.

S.425(d) Heritage Conservation Committee

       (1) The Mayor-in-Council shall constitute a Committee to be called the Heritage Conservation Committee with the Municipal 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 Development of Archaeology, Government of West Bengal, or his nominee.
       (c) one shall be an eminent architect,
       (d) one shall be an artist,
       (e) one shall

S.425(e) Powers and functions of Heritage Conservation Committee

The Heritage Conservation Committee shall have the power to function independent of the Municipal Building Committee for 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, or a heritage building, the provisions of Chapters XXII and XXIII of this Act and the rules made thereunder shall apply mutatis mutandis.

S.425(f) Power of Corporation to require, purchase or take on lease heritage building

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 (West Ben. Act XIII of 1979), the approval of the concerned department of the State Government shall be taken.

S.425(g) Transfer of right of development for the purpose of acquisition by agreement

       When the owner of any heritage building is not willing to preserve or conserve any heritage building, the Municipal 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-Council, 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 (West Ben. Act XIII of 1979).

       Explanation II.-"Right of development of a heritage building" shall mean

S.425(h) Right of access to heritage building acquired by Corporation

Subject to such rules or regulations as may be made under this Act, every person shall have the right of access to any heritage building acquired by the Corporation.

S.425(i) Sub-lease of heritage building

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.

S.425(j) Permission of concerned department of State Government before acquisition of heritage building

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 (1 of 1894), permission of the concerned Department of the State Government shall be taken before such acquisition.

S.425(k) Power to exempt rates and taxes, etc. on heritage building

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 of taxes or fees for supply of water or any other charge in respect of such heritage building.

S.425(l) Agreement with owner of heritage building pending acquisition

       (1) The Municipal 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 may be employed to watch it;
       (c) the restrictions of the o

S.425(m) Voluntary contribution and agreement with any voluntary organisation, person or company

       (1) The Municipal 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 Municipal 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 Municipal Commissioner may determine.

S.425(n) Taking over management and control of heritage building

       (1) If the Municipal Commissioner, on receipt of any information, is satisfied that the owner of a heritage building fails to preserve or conserve the heritage building, the Municipal 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 (1 of 1894).

       (2) The Municipal Commissioner shall thereafter notify the heritage building for letting it out by agreement to any person as tenant for the purpose as aforesaid, and the owner shall be entitled to an amount equal to t

S.425(o) When heritage building ceases to be heritage building

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.

S.425(r) Penalty

       (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 may 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 its former 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

S.426 Provision of municipal markets and slaughter-houses

       (1)The Municipal Commissioner, when authorised by the Mayor-in-Council in this behalf, may provide and maintain municipal markets, slaughter-houses or stockyards in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter-houses.

       (2) Any municipal slaughter-house or municipal stockyard may be situated within or, with the sanction of the State Government, outside Kolkata.

       (3) A municipal market or a slaughter-house or a stockyard shall be under the control of the Municipal Commissioner.

       (4) Subject to the order

S.427 Use of municipal markets

       (1) No person shall, without the general or special permission in writing of the Municipal Commissioner, sell or expose for sale any animal or article in any municipal market.

       (2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Municipal Commissioner by a Police Officer or any officer or employee of the Corporation authorised by the Municipal Commissioner in this behalf.

S.428 Private markets and slaughter-houses

       (1) No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Municipal Commissioner under section 436.

       (2) No place other than a municipal slaughter-house shall be used as a slaughter-house :

       Provided that nothing in this sub-section shall be deemed-
       (a) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions (non-compliance with which shall be punishable under this Act) as the Municipal Commissioner may, by public or special notice, impose in this behalf, or
       (b) to prevent Municipal Commissioner from setting apart

S.429 Prohibition of business and trade near a market

       (1) No animal or article shall be sold or exposed for sale by a hawker or squatter within a distance of forty-five metres from the outward confines of any municipal market or licensed private market without the permission of the Municipal Commissioner.

       (2) Any person contravening the provisions of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the orders of the Municipal Commissioner by a Police Officer or any officer or employee of the Corporation appointed by him in this behalf.

S.430 Levy of stallage, rent and fee

       The Municipal Commissioner may-
       (a) charge such stallage, rent or fee as may from time to time be fixed by the Corporation in this behalf-

       (i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter-house;
       (i) for the right to expose articles for sale in a municipal market;
       (iii) for the use of machines, weights, scales and measures provided for in any municipal market; and
       (iv) for the right to slaughter animals in any municipal slaughterhouse, and for the feed of such animals before they are ready for slaughter; or

      &n

S.431 Stallage, rent etc., to be published

A copy of the table of stallage, rent and fee, if any, chargeable in any municipal market or municipal slaughter-house, and of the regulations made under this Act for the purpose of controlling the use of such market or slaughter-house, printed in such language or languages as the Municipal Commissioner may direct, shall be affixed in some comsipicuous place in the market or the slaughter-house.

S.432 Power to expel person contravening regulations

       (1) The Municipal Commissioner may, after giving the parties concerned an opportunity of being heard and in accordance with such regulations as may be made by the Corporation,-

       (a) expel from any municipal market, municipal slaughter-house or municipal stockyard, for such period as he may think fit, any person who or whose servant has been found contravening any regulations made under this Act and in force in such market, slaughter-house or stockyard,
       (b) prevent such person, by himself or by his servant, from further carrying on any trade or business in such market, slaughter-house or stockyard or occupying any stall, shop, standing, shed, pen or other place thereon,
       (c) close the stall or shop of the person found to be in default in payment of

Legal Commentary on Kolkata Municipal Corporation Act, 1980 - Section 432

Introduction

The Kolkata Municipal Corporation Act, 1980, serves as a legislative framework for the governance and administration of the Kolkata Municipal Corporation. Section 432 specifically addresses the powers of the Municipal Corporation to expel individuals contravening regulations within designated markets, slaughterhouses, or stockyards.

What does Section 432 Say

Section 432 empowers the Municipal Corporation to expel any person who contravenes the regulations set forth for markets, slaughterhouses, or stockyards. This section outlines the authority of the Municipal Commissioner to take necessary actions against violators.

Essential Ingredients

Contravention of Regulations: The section applies when an individual violates the established regulations.
Authority of the Municipal Commissioner: The Municipal Commissioner is granted the power to enforce expulsion.
Scope of Application: The section is applicable to markets, slaughterhouses, and stockyards.

Scope of Section

The scope of Section 432 includes:- The ability to prevent individuals from conducting business in specified areas.- The authority to take action against tenants or their agents if they are found guilty of contravening regulations.

Punishment for Section

The punishment under this section primarily involves expulsion from the market, slaughterhouse, or stockyard, effectively barring the individual from conducting any further business in those areas.

Legal Comments

Keyword - "Power to Expel" - Section 432 grants the Municipal Commissioner the authority to expel individuals violating market regulations, ensuring compliance and order in municipal operations. - [Source Reference]
Keyword - "Contravention" - The section specifically targets individuals who contravene regulations, emphasizing the need for adherence to municipal laws. - [Source Reference]
Keyword - "Tenant's Responsibility" - If a tenant or their agent is convicted of contravening regulations, they may face expulsion, highlighting the accountability of tenants in maintaining compliance. - [Source Reference]
Keyword - "Market Regulation" - The section is crucial for maintaining the integrity of market operations, ensuring that all participants adhere to established rules. - [Source Reference]
Keyword - "Enforcement Mechanism" - The provision serves as an enforcement mechanism for the Municipal Corporation to uphold public health and safety standards in markets and slaughterhouses. - [Source Reference]
Keyword - "Preventive Action" - The ability to prevent individuals from conducting business acts as a deterrent against future violations, promoting a lawful trading environment. - [Source Reference]
Keyword - "Judicial Review" - Actions taken under this section may be subject to judicial review, ensuring that the powers are exercised within legal bounds. - [Source Reference]
Keyword - "Public Interest" - The enforcement of this section aligns with the public interest by ensuring that market activities do not compromise health and safety. - [Source Reference]
Keyword - "Regulatory Compliance" - Section 432 reinforces the importance of regulatory compliance among market participants, fostering a culture of accountability. - [Source Reference]
Keyword - "Legal Recourse" - Individuals expelled under this section may seek legal recourse, which underscores the need for fair application of the law. - [Source Reference]
Keyword - "Municipal Authority" - The section empowers municipal authorities to take decisive action against non-compliance, reflecting the governance structure of the Kolkata Municipal Corporation. - [Source Reference]
Keyword - "Market Integrity" - By allowing expulsion for violations, the section aims to maintain the integrity and orderly conduct of market activities. - [Source Reference]
Keyword - "Tenant's Agent" - The inclusion of agents in the provision broadens the scope of accountability, ensuring that all parties involved in market operations are responsible for compliance. - [Source Reference]
Keyword - "Public Health" - The regulation aims to protect public health by ensuring that only compliant individuals operate within sensitive areas like slaughterhouses. - [Source Reference]
Keyword - "Legal Framework" - Section 432 is part of a broader legal framework that governs municipal operations, reflecting the legislative intent to regulate urban markets effectively. - [Source Reference]
Keyword - "Administrative Discretion" - The section grants administrative discretion to the Municipal Commissioner, allowing for flexible responses to violations based on circumstances. - [Source Reference]
Keyword - "Market Operations" - The section is integral to the smooth operation of markets, ensuring that all participants adhere to the same standards and regulations. - [Source Reference]
Keyword - "Compliance Culture" - By enforcing penalties for contraventions, the section fosters a culture of compliance among market stakeholders. - [Source Reference]
Keyword - "Legal Authority" - The legal authority granted under this section is essential for the effective governance of municipal markets and related activities. - [Source Reference]
Keyword - "Regulatory Framework" - Section 432 is a critical component of the regulatory framework that governs the functioning of municipal markets in Kolkata. - [Source Reference]

S.433 Depot for sale of essential commodities

The Municipal 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 in essential commodities.

S.434 Power to inspect places where unlawful slaughter of animals, etc., is suspected

       (1) If the Municipal Commissioner or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale in any place or manner not duly authorised under this Act, he may, at any time by day or night without notice, inspect such place for the purpose of satisfying himself as to whether any provision of this Act or of any rule or regulation made thereunder is being contravened there at and may seize any such animal or the carcass of such animal or such flesh found therein.

       (2) The Municipal Commissioner may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh, seized under sub-section (1).

S.435 Premises not to be used for non-residential purpose without municipal licence

       (1) Except as hereinafter provided in this Act, no person shall use or permit to be used any premises for any of the non-residential purposes mentioned in Schedule V without or otherwise than in conformity with the terms of a municipal licence granted by the Municipal Commissioner so as not to contravene the provisions of sub-section (2) :

       Provided that no such municipal licence shall be given in respect of any non-residential use of a premises which is otherwise than in conformity with the provisions of this Act or any other law for the time being in force or the rules or the regulations or orders made thereunder.

       (2) In case of a non-residential use of a premises for a purpose for which a licence or permission is required from Government or a

S.436 Municipal licence for private markets

       (1) Notwithstanding any licence required under section 435, the Municipal Commissioner may, with the prior approval of the Mayor-in-Council, grant to any person a municipal licence to establish or keep open a private market on payment of such fees as may be determined by the Corporation by regulation, and may specify such conditions consistent with this Act as he may deem fit.

       (2) When the Municipal Commissioner refuses to grant any licence, he shall record a brief statement of the reasons for such refusal.

       (3) The Municipal Commissioner may, with the previous approval of the Mayor-in-Council and for reasons to be recorded in writing, suspend a licence in respect of a private market for such period as he thinks fit or cancel such licence.
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S.437 Prohibition of keeping market open without licence, etc.

       (1) No person shall keep open for public any market in respect of which a licence is required by or under this Act without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled.

       (2) when a licence to open a private market is granted or refused or is suspended or cancelled, the Municipal Commissioner shall cause a notice of such grant or refusal or suspension or cancellation to be posted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates.

S.438 Prohibition of use of unlicensed markets

No person, who knows that any market has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.

S.439 Municipal licence for hawking articles, etc.

       No person shall, without or otherwise than in conformity with the terms of a licence granted by the Municipal 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 purposes of gain or making a living.

S.440 Municipal licence for sale of flesh, fish or poultry

       (1) No person shall, without or otherwise than in conformity with a licence from the Municipal Commissioner, carry on the trade of a butcher, fish monger, poulterer or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended for human food :

       Provided that no person shall sell or expose for sale any flesh obtained from an animal unless the skinned carcass of the animal is stamped in such manner as the Municipal Commissioner may, by general order made in this behalf, require in token of the fact that the animal has been slaughtered in a municipal or licenced slaughter-house :
       Provided further that no licence shall be required for any place used for sale or storage for sale of preserved flesh or fish contained in air-tight or hermetically seale

S.441 Power to stop use of premises used in contravention of licences

       (1) If the Municipal Commissioner is of the opinion that any premises is being used for a non-residential purpose without municipal licence or otherwise than in conformity with the terms of a municipal licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.

       (2) If a person continues to use a premises in contravention of the provisions of sub-section (1), the Municipal Commissioner may, notwithstanding any other action that may be taken against such person under this Act, levy a continuing fine in accordance with the provisions of sub-section (4) of section 416. General Powers

S.442 Power to call for returns on lands or buildings

       (1) The Municipal Commissioner may, by a written notice, require the owner of any building to submit, within fifteen days from the date of service of the notice, a signed statement with returns giving the following particulars with respect to such building or part thereof:-

       (a) total plot area on which the building stands and the abutting open area;
       (b) total covered area of the building;
       (c) details of sub-division of the building into dwelling units, flats or apartments;
       (d) floor area under different occupancies and nature of such occupancies in terms of the use or occupancy groups defined in this Act;
       (e) any other information that may be specified.
&

S.443 Power to seize food or drug, etc.

       (1) The Municipal Commissioner or any officer or employee of the Corporation authorised by him in this behalf or any police officer may, at any time by day or night, without notice, inspect and examine any food or drug or any utensil or vessel used for preparing, manufacturing or storing such food or drug.

       (2) If upon such inspection or examination any such food or drug is, in the opinion of the Municipal Commissioner or the officer or employee authorised by him in this behalf, or the police officer unwholesome or unfit for human consumption, or is not what it is represented to be, or if any such utensil or vessel is of such kind or in such state as to render any food or drug prepared, manufactured or stored therein unwholesome or unfit for human consumption, he may seize, seal or carry away such food or drug or utensil or vessel.
&

S.444 Power of Corporation to define and to alter limit of bustee

The Corporation may define the external limit of any bustee and may, from time to time, alter such limits.

S.445 Improvement schemes

       (1) Notwithstanding anything contained in any other law in force for the time being, the Corporation may, with the approval of the State Government, prepare such improvement scheme for the purpose of effecting environmental or general improvement of bustees as it may consider necessary, and publish a copy of such scheme in such manner as may be prescribed.

       (2) The improvement scheme may provide for all or any of the following matters :-

       (a) water-supply including sinking of tube-well, laying of water pipelines, installation of overhead reservoirs, flushing arrangements for privies and the like,
       (b) drainage and sewerage including connections with any existing channel of sewer main or laying or divert

S.446 Acquisition of the right of user

       (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 implementing any improvement scheme in respect of such bustee, the State Government may, on the recommendation of the Corporation in this behalf, declare by notification its intention to acquire such right and invite suggestions or objections from persons likely to be affected thereby within such time as may be specified therein.

       (2) Every suggestion or objection received in pursuance of the notification under sub-section (1) shall be heard by the Municipal Commissioner after giving a reasonable opportunity to all persons affected to make personal representations, if any.

       (3) The Municipal Commissioner shall submit a repo

S.447 Work to be executed in a bustee

       Notwithstanding anything contained hereinbefore in this Chapter, the Municipal Commissioner may, for reasons of environmental sanitation, cause the following work to be executed in any busfee :-
       (a) sinking of tube-wells inside a busfee including lying of water pipe lines, installation of overhead reservoirs and other appurtenances necessary to maintain flushing arrangements for privies and sewers,

       (b) laying of drains or diversion of existing drains,

       (c) conversion of service privies into connected privies or septic tank privies,

       (d) removal of silt from the sewers and -sludge from the septic tanks inside a b

S.448 Effect of vesting of right of user

When the right of user in any land in or around any busfee vests in the Corporation under sub-section (5) of section 446, it shall be lawful for any person authorised by the Corporation in this behalf to enter into or upon such land and do all things necessary for implementation of the improvement scheme in respect of such busfee.

S.449 Compensation of vesting

Where the right of user in any land vests in the Corporation under sub-section (5) of section 446, the Corporation shall be liable to pay to the owner or to any other person, whose right of enjoyment in such land has been prejudicially affected by reason of such vesting, compensation calculated at ten per cent, of the market value of such land on the date of notification under sub-section (1) of section 446.

S.450 Survey of busfees, and preparation of record-of-rights etc., by Corporation

Section 450 subs, by s. 20 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995), which was earlier as under: "450. Sanction of plan for improvement of hut or structures.-Subject to the provisions of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 (West Ben. XXXVII of 1981), 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 structure under such building regulations and upon payment of such fees as may be determined by the Corporation: Provided that a lay-out plan of a busfee or such substantial unfermented portion thereof as is in actual occupation of the thika tenant or a group of thika tenant occupying contiguous parcels

S.450(a) Standard layout plan for development of bustee

       Section 450A to 450C ins. by s. 21 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995).
       (1)The Corporation, if it considers that a bustee requires planned development or modification or alteration of the layout or remodelling for a public purpose as defined in the Explanation to sub-section (3) of section 7 of the Calcutta Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981, may, after giving such notice as may be prescribed, prepare a standard layout plan for such bustee in such manner as may be prescribed, and cause it to be published, with the approval of the State Government, in the Official Gazette, and publicly displayed in the bustee in the manner prescribed.

       (2) Where a notice for the

S.450(b) Demolition and removal of building not in conformity with standard layout plan in bustee

Where a standard layout plan has been published for any bustee under sub-section (1) of section 450, the State Government may, under section 10 of the Calcutta Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981 (West Ben. Act XXXVII of 1981), appoint the Municipal Commissioner as Controller to perform all the functions of a Controller under that Act in respect of such bustee, and, thereupon the Municipal Commissioner may, with the approval of the State Government and by written notice, require the owner of any building in such busfee, not in conformity with the standard layout plan, to demolish and remove the whole or any portion of such building or to reconstruct such building, as the case may be, so as to make such building conform to the standard layout plan and, where the owner of such building is a thika tenant, the Municipal Commissioner may, with the approval of the State Government, resume the

S.450(c) Sanction of plan for permanent construction in bustee

Subject to the provisions of sections 450A and 450B, the Corporation may sanction building plans submitted by one or more thika tenants, or by such person or authority as is referred to in section 27 of the Calcutta Thika and other Tenancies and Land (Acquisition and Regulation) Act, 1981, for the purpose of permanent construction in the nature of renovation of, addition to, or alteration or conversion into pucca structure of, an existing hut and also for construction of new structure, in bustee, the standard layout plan for which has been published under sub-section (1) of section 450A, in accordance with such regulations as the Corporation may make and on payment of such fee as the Corporation may determine :
Provided that such building plans not be submitted in piecemeal but shall constitute a total package of proposals for new construction covering a substantial land area comp

S.451 Officers-in-charge and other officers for registration of births and deaths occuring in Kolkata

       Section 451 subs, by s. 15 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001), which was earlier as under: "451. Appointment of Chief Registrar and Registrars.-(1) The Chief Municipal Health Officer shall be Chief Registrar of all births and deaths occurring in Calcutta. (2) The Municipal Commissioner shall, for the purposes of this Chapter, appoint such number of persons to be Registrars of births and deaths as he deems necessary and define the respective areas which shall be under the charge of such Registrars.".
       (1) The Chief Municipal Health Officer shall be the officer-in-charge for registration of all births and deaths occurring in Kolkata.

       (2) The Municipal Commissioner shall, for the purposes of this Chapter, appoint

S.452 Duties of the Registrar for registration of births and deaths

Section 452 subs, by s. 16 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001), which was earlier as under: "452. Duties of Registrars.- Each Registrar shall keep himself incurred of every birth or death occurring within the area of his jurisdiction and shall ascertain such particulars in respect of every birth or death as may be prescribed in this behalf.".Each Registrar appointed under sub-section (2) of section 451, shall keep himself informed of every birth or death occuring within the area of his jurisdiction and shall ascertain such particulars in respect of every birth or death as specified in the Registration of Births and Deaths Act, 1969 (18 of 1969), or the rules made thereunder.]

S.453 Registers to be maintained

Section 451 subs. by s. 17 ibid (with effect from 23.3.2001), which was earlier as under: "453. Register books to be maintained.-(1) Such particulars as the Municipal Commissioner may, from time to time, specify regarding births and deaths shall be entered in separate register books of births and register books of deaths which shall be maintained by the Registrars. (2) The Municipal Commissioner shall specify the forms of the registers required to be maintained under sub-section (1) and the manner in which such registers shall be maintained. (3) On an application from a person interested, the Chief Registrar or a Registrar shall issue an extract from any entry in a register book on payment of such fees as may be determined by the Corporation by regulations.".
(1) Subject to the provisions of the Registration of Births and Deaths Act, 1969, or the rules made thereunder the Corporati

S.454 Registration of name of child or of alteration of name

(1)When the birth of any child has been registered and the name, if any, by which it was registered, is altered or, if it was registered without a name, when a name is given to it, the parent or guardian of such child or other person procuring such name to be altered or given may, within sixty months next after the registration of the birth, deliver to the 1 Subs. by s. 18, ibid (with effect from 23.3.2001) for the word "Register".[Registrar specified in sub-section (2) of section 45] of the area in which the birth was registered, such certificate as hereinafter mentioned, and the 2 Subs. by s. 18, ibid (with effect from 23.3.2001) for the word "Register".[Registrar specified in sub-section (2) of section 45] upon the receipt of the certificate shall, without any erasure of the original entry, forthwith enter in the register book the name mentioned in the certificate as having been given to the child.
&n

S.455 Correction of errors in registers of births or deaths

       (1)Any clerical error which may at any time be discovered in a register of births or in a register of deaths may be corrected by any person authorised in this behalf by the Municipal Commissioner.

       (2) An error of fact or substance in any such register may be corrected by any person authorised as aforesaid by entry in the margin, without any alteration of the original entry, upon production to the Municipal Commissioner, by the person requiring such error to be corrected, of a declaration on oath setting forth the nature of the error and the fact of the case, made before a Magistrate by two persons required by this Act to give information concerning the birth or death with reference to which the error has been made or, in default of such persons, by two persons having knowledge of the case, and certified by such Magistrate to have been

S.456 Information of births

It shall be the duty of the father or mother of every child born in Calcutta and, in default of the father or mother, of any relation, of the child living in the same premises and, 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, 1 Subs, by s. 19(a) of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "to the Registrar of the area concerned within eight days after such birth information containing such particulars as may be prescribed in this behalf:".[to the Registrar, as specified in sub-section (2) of section 451, of the area within twenty-one days from the date of such birth information containing such particulars as specified in the Registration of Births and Deaths Act, 1969, or the rules made thereunder:]
Provided that

S.457 Information respecting finding of new-born child

In case any new born-child is found exposed, it shall be the duty of any person finding such child and of any person in whose charge such child may be placed to give, to the best of his knowledge and belief, 1 Subs, by s. 20, ibid (with effect from 23.3.2001) for the words" to the Chief Registrar or Registrar, within eight days after the finding of such child,".[to the officer-in- charge, as specified in sub-section (1) of section 451, or to the Registrar, as specified in sub-section (2) of section 451, within twenty-one days after the finding of such child,] such information of the particulars required to be registered concerning the birth of such child as the information possesses.

S.458 Information regarding deaths

       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 in Kolkata 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 Registrar of the area within which the death took place information containing such particulars as may be prescribed in this behalf within twenty- four hours of its occurrence :
       Provided that-

       (a) if the cause of death is known

S.459 Medical practitioner to certify cause of death

In the case of a person who has been attended in his illness by a duly qualified medical practitioner, such practitioner shall, within three days of his becoming cognisant of the death of such person, sign and forward to the 1 Subs, by s. 22, ibid (with effect from 23.3.2001) for the words "Chief Registrar".[officer-in- charge as specified in sub-section (1) of section 451] a certificate of the cause of such person's death in such form as shall from time to time be specified by the Municipal Commissioner in this behalf, 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.

S.460 Duties of police in regard to unclaimed corpses

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, thereafter, to inform the Registrar within whose jurisdiction such corpse was found.

S.461 Sextons, etc., not to bury, etc., corpse

A sexton or a keeper of a registered burial or burning ground or other place for disposal of the dead, whether situated in Kolkata or not, shall not bury, burn or otherwise dispose of or allow to be buried, burnt or otherwise disposed of the purpose unless such corpse is accompanied by a certificate in such form as may be prescribed and signed by a Registrar appointed under section 451 or by a registered medical practitioner or any other medical practitioner authorised by the State Government in this behalf.

S.462 Registration of places for disposal of the dead

       (1) Every owner or person having control of any place already used for burying, burning or otherwise disposing of the dead but which is not vested in or owned by the Corporation or a Board appointed by the State Government for administration of such place shall apply to the Municipal Commissioner within a period of three months from the commencement of this Act to register the same and the Municipal Commissioner shall cause the same to be registered.

       (2) Such application shall be accompanied by a plan, bearing the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor, of the place to be registered, showing the locality, boundaries and extent of the same. The application shall also contain information as regards the name of the owner or person or community interested therein,

S.463 Provision for and registration of new places for disposal of the dead

       (1) If any existing place for the disposal of the dead at any time appears to be insufficient, the Municipal Commissioner shall, with the sanction of the Mayor-in-Council, provide other fit and convenient place for the said purpose either within or outside Kolkata, and shall cause the same to be registered under the provisions of this Chapter.

       (2) All the provisions of this Act or the rules or the regulations made thereunder shall apply to any place provided under sub-section (1) outside Kolkata and vesting in the Corporation as if such place were situated within Kolkata.

S.464 Permission for opening new place for disposal of the dead or reopening of place

       (1) No place which has not previously been lawfully used or registered as a place for the disposal of the dead shall be opened by any person for the said purpose except in conformity with the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act XIII of 1979) and without the written permission of the Municipal Commissioner who, with the approval of the Mayor-in-Council, may grant or withhold such permission.

       (2) Such permission may be subject to such conditions as the Municipal Commissioner may think fit to impose for the purpose of preventing any annoyance to, or danger to the health of, any person residing in the neighbourhood.

       (3) No place for the disposal of the dead which has fallen into disuse

S.465 Power to require closing of burning and burial grounds

       (1) Where the Municipal Commissioner, after making or causing to be made any local enquiry, is of the opinion that any burning or burial ground or other place for the disposal of the dead has become offensive to, or dangerous to the health of, persons residing in the neighbourhood or for any other reasons to be recorded in writing, he may, with the previous approval of the Mayor-in- Council and by notice in writing, require the owner or person in charge of such ground or place to close the same from such date as may be specified in the notice.

       (2) No corpses shall be burnt or buried or otherwise disposed of at the burning or burial ground or place in respect of which a notice has been issued under this section.

S.466 Power to direct reopening of any place closed for the disposal of the dead

       (1) If, at any time after personal inspection, the Municipal Commissioner is of the opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of this Chapter or under any other law or authority, has by lapse of time become no longer injurious to health and may without inconvenience or risk of danger be again used for the said purpose, he may submit his opinion as aforesaid with the reasons therefor to the Mayor-in-Council.

       (2) Upon receipt of such information, the Mayor-in-Council, after such further enquiry, if any, as it shall deem fit to cause to be made, may direct that such place be reopened for the disposal of the dead.

S.467 Prohibitions regarding burial within places of worship and exhumation

       (1) No person shall, without the written permission of the Municipal Commissioner under sub-section (2),-

       (a) make any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah, of any place of worship;
       (b) make any interment or otherwise dispose of any corpse in any place which is closed under section 465;
       (c) build, dig, or cause to be built or dig any grave or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse at any place which is not registered under this Chapter;
       (d) exhume any body from any place for the disposal of the dead except under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or any othe

S.468 Acts prohibited in connection with disposal of dead

       (a) retain a corpse on any premises, within burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance;

       (b) carry a corpse or part of a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the community health as the Municipal Commissioner may by public notice, from time to time, think fit to require;

       (c) except when no other route is available, carry a corpse or part of a corpse along any street along which the carrying of corpses is prohibited by a public notice issued by the Municipal Commissioner in this behalf;

S.469 Disposal of dead animals

       (1) Whenever any animal in charge of any person dies, the person in charge thereof shall, within twenty-four hours, either-

       (a) convey the carcass to a place provided or appointed for this purpose under this Act for the final disposal of carcasses of dead animals, or
       (b) give notice of the death to the Municipal Commissioner whereupon he shall cause the carcass to be disposed of.

       (2) In respect of the disposal of the carcass of a dead animal under clause (b) of sub-section (1), the Municipal Commissioner may charge such fees as may be determined by the Corporation by regulations.

S.470 Corporation to take measures for prevention and checking of dangerous diseases

It shall be duty of the Corporation to take such measures as are necessary for preventing or checking the spread of any dangerous disease in Kolkata or of any epidemic disease among any animals therein.

S.471 Obligation to give information of dangerous disease

Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon, any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering, shall forthwith give information respecting the existence of such disease to the Municipal Commissioner.

S.472 Power of Municipal Commissioner to inspect a place and take measures to prevent spread of dangerous disease

The Municipal Commissioner may at any time, by day or by night and without notice or after giving such notice of his intention as shall, in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is 1 Subs, by s. 40 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for the word "reputed".[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.

S.473 Power of Municipal Commissioner to remove patient to hospital in certain cases

       (1) If, in the opinion of the Municipal
       Commissioner, any person is suffering from a dangerous disease and is without proper lodging or accommodation or is lodged in such manner that he cannot be effectually isolated to prevent the spread of any infection, and the Municipal Commissioner considers that such person should be removed to a hospital or to a place at which patients suffering from such disease are received for medical treatment, he may direct or cause the removal of such person to such hospital or place :

       Provided that any cost incurred for such removal or for treatment of such person shall be borne by the Corporation :
       Provided further that if such person is a female, she shall not be removed to such hospital or place if there is no a

S.474 Power of Municipal Commissioner to disinfect building, tank, pool or well

       (1) If the Municipal Commissioner is of the opinion that the cleansing or disinfection of any building or any part thereof or of any articles in such building or part thereof, which are likely to retain infection, or the renewal of flooring of any building or part thereof or the renewal of plastering of the walls thereof or the disinfection of any tank, pool or well adjacent to a building would tend to prevent or check the spread of any dangerous disease, he may by notice require the owner or occupier to cleanse and disinfect such building or part thereof or article or tank, pool or well or to renew such flooring and, if necessary, such plastering also within such time as may be specified in the notice.

       (2) The Municipal Commissioner may, if he thinks fit, cause such cleansing or disinfection to be done by employees of the Corporation

S.475 Power of Municipal Commissioner to destroy infectious huts or sheds

       (1) Where the destruction of any hut or shed is, in the opinion of the Municipal Commissioner, necessary to prevent the spread of any dangerous disease, the Municipal Commissioner, may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice.

       (2) Where the Municipal Commissioner is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed after giving not less than six hours' notice to the owner or occupier.

       (3) Compensation may be paid by the Municipal Com

S.476 Power of Municipal Commissioner to close lodging and eating houses

The Municipal Commissioner may, on being satisfied that it is in the public interest so to do, by written order direct that any lodging house or any place where articles of food and drink are sold or prepared, stored or exposed for sale, being a lodging house or place in which a case of dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order:
Provided that such lodging house or place may be declared to be open if the Chief Municipal Health Officer certified that it has been disinfected or is free from infection.

S.477 Power of Municipal Commissioner to restrict or prohibit sale of food or drink

When Calcutta or any part thereof is visited or threatened by an outbreak of any dangerous disease, the Municipal Commissioner may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animal so specified.

S.478 Control over wells and tanks, etc.

       (1) If the Municipal Commissioner is of the opinion that the water in any well, tank or other place is likely, if used for drinking, to 1 Subs. by s. 41 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) for the word "engender".[endanger], or cause the spread of, any disease, he may-

       (a) by public notice prohibit the removal or use of such water for drinking; or
       (b) by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or from using such water; or
       (c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.

S.479 Special measures in case of outbreak of dangerous or epidemic diseases

       (1) In the event of Kolkata or any part thereof being visited or threatened by an outbreak of any dangrenous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Municipal Commissioner, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose, may, with the previous sanction of the Mayor-in-Council,-

       (a) take such special measures, and
       (b) by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the disease :
       Provided that where, in the opinion of the Municipal Commissioner, immediate measures are neces

S.480 Disposal of infectious corpses

       Where any person has died from any dangerous disease, the Municipal Commissioner may, by notice in writing,-
       (a) require any person having charge of the corpse to convey the same to mortuary thereafter to be disposed of in accordance with law, or

       (b) prohibit the removal of corpses from the place where death occurred except for the purpose of being burnt or buried or being conveyed to a mortuary.

S.481 Means for disinfection

       (1) The Municipal Commissioner shall-

       (a) provide proper place with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection;
       (b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix.

       (2) The Municipal Commissioner may notify places at which articles of clothing, bedding and conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.
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S.482 Special conveyance for carrying of infected persons

       (1)The Corporation may provide and maintain suitable conveyances for free carriage of persons suffering from any dangerous disease or of dead bodies of persons who have died of any such disease.

       (2) When such conveyances have been provided, it shall not be lawful, without the sanction of the Municipal Commissioner, to carry any such person or dead body, or, for any such person to cause himself to be carried, in any other public conveyance.

S.483 Contamination and disinfection of public conveyance

       (1) Whoever-

       (a) uses a public conveyance while suffering from a dangerous disease, or
       (b) uses a public conveyance for the carriage of a person who is suffering from any disease, or
       (c) uses a public conveyance for the carriage of the corpse of a person who has died of any such disease, shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and notify such use to the owner, driver or person in charge of the conveyance and report without delay to the Municipal Commissioner the number of the conveyance and the name of the person so notified.

       (2) Where any person suff

S.484 Driver of conveyance not bound to carry persons suffering from dangerous disease

Notwithstanding anything contained in any law for the time being in force, no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of Kolkata any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.

S.485 Infected building not to be let without being first disinfected

       (1) Where any building or part of a building is intended to be let and in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or part thereof shall, before doing so, disinfect the same in such manner as the Municipal Commissioner may by general or special notice direct together with all articles therein liable to retain infection.

       (2) For the purposes of this section the keeper of a hotel, hostel, lodging house or sarai shall be deemed to let to any person, who is admitted as a guest therein, that part of the building in which such person is permitted to reside.

S.486 Disposal or infected articles without disinfection

       (1) No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease.

       (2) Nothing in sub-section (1) shall apply to a person who transmits, with proper precautions, any such article for the purpose of having the same disinfected or medically examined.

S.487 Infected clothes not to be sent to washerman or laundry

       (1) No person shall send or take to any washerman or to any laundry or to any place set apart for the exercise by washerman of their calling for the purpose of being washed or to any place for the purpose of being cleansed any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless such cloth or article has been disinfected by or to the satisfaction of the Municipal Commissioner.

       (2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the Municipal Commissioner, furnish to him the address of any washerman to whom or any laundry or other place to which cloths and other articles from the building have been, or will be, sent during the continuance of the disease for the purpose of being washed or cleansed.

S.488 Prohibition of making or selling of food, etc., or washing of clothes by infected persons

       No person while suffering from, or in circumstances in which he is likely to spread, any dangerous disease shall-
       (a) make, carry or offer for sale, or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption or any article of clothing or bedding for personal use or wear, or

       (b) take any part in the business of washing or carrying of clothes.

S.489 Duty of person suffering from dangerous disease

       No person shall,-
       (a) knowing that he is suffering from a dangerous disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place;

       (b) having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit such person to expose other persons to the risk of infection by his presence or conduct in any street or place as aforesaid;

       (c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly;

   &

S.490 Duties of Corporation in relation to environmental sanitation

       Save as otherwise provided in this Act, the Corporation shall take adequate measures for each of the following matters :-
       (a) inspection, supervision, regulation and control of premises to ensure proper environmental sanitation;

       (b) regulation of public bathing and washing;

       (c) provision and maintenance of public conveniences;

       (d) licensing of animals and control of stray animals;

       (e) licensing of butchers and slaughter-houses; and

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S.491 Power to inspect premises for sanitary purposes

Subject to such regulation as may be made in this behalf, the Municipal Commissioner may cause any building or other premises to be inspected for the purpose of ascertaining the sanitary condition thereof.

S.492 Power to require cleansing and lime-washing of building to be done

If the Municipal Commissioner considers necessary for sanitary reasons so to do, he may, by written notice, require the owner or occupier of any building, inspected under section 491, to cause the same or some portion thereof to be lime-washed or otherwise cleansed, either externally or internally or both externally and internally.

S.493 Power to require improvement of insanitary huts and sheds

If the Municipal Commissioner is of the opinion that any hut or shed used either as a dwelling or as a stable or for any other purpose is likely, by reason of its being built without a plinth or upon a plinth of insufficient height or without proper means of drainage or ventilation or on account of the impracticability of scavenging or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood or is for any reason likely to endanger the community health or safety, he may, by written notice which shall be affixed to some conspicuous part of such hut or shed, require the owner or occupier thereof or the owner of the land on which such hut or shed stands to remove or alter such hut or shed or to take such order for the improvement thereof as the Municipal Commissioner deems necessary.

S.494 Power to require cleansing of untenanted premises

If any land or building, by reason of its being abandoned or unoccupied, becomes a resort of disorderly persons or is in a filthy or unwholesome state or, in the opinion of the Municipal Commissioner, has become a nuisance, the Municipal Commissioner, after due enquiry, may give written notice to the owner or to any person who is known or believed to claim to be the owner and shall affix a copy of such notice on the door of the building or on some other conspicuous part of the land, as the case may be, requiring such owner or person to secure, enclose, cleanse or clear or otherwise abate the nuisance.

S.495 Power to prohibit use of buildings or rooms in buildings unfit for human habitation

       (1) If, for any reason, it appears to the Municipal Commissioner that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, he shall give to the owner or occupier of such building notice in writing stating such reason and satisfying his intention to prohibit further use of the building or the room, as the case may be, as a dwelling and shall by such notice call upon the owner or occupier as aforesaid to state in writing any objection thereto within thirty- days after the receipt of such notice, and if no objection is raised by such owner or occupier within such period appears to the M unicipal Commissioner invalid or insufficient, he may, with the previous approval of the Mayor-in- Council and by an order in writing, prohibit further use of such building or room as a dwelling :

       Provid

S.496 Power to direct the filling up, etc., of unwholesome wells, pool, etc.

       (1) When-

       (a) any well, pool, ditch, tank, pond, pit or marshy or undrained ground, or
       (b) any cistern, reservoir or water-butt or any other receptacle of place where water is stored or accumulated, or
       (c) any waste or stagnant water, whether within any private enclosure or not, appears to the Municipal Commissioner to be or to be likely to become injurious to health or offensive to the neighbourhood or in any other respect a nuisance, he may, by written notice, require the owner or occupier of the land or building to which such well, pool, ditch, tank, pond, pit, ground, cistern, reservoir, water-butt, receptacle, place or water pertains to cleanse or to fill up the same or drain off or remove water therefrom or to take such other action as the

S.497 Power to regulate excavations

       (1) The Municipal Commissioner may, by a general order or by an order to affect such portion of Kolkata as may be specified therein, prohibit-

       (a) the making of excavations for the purpose of taking earth therefrom or of storing rubbish or offensive matter therein, and
       (b) the digging of cesspools, tanks, ponds, wells or pits without his special permission.

       (2) No person shall make any excavation referred to in clause (a) of subsection (1) or dig any cesspool, tank, pond, well or pit in contravention oi any such order.

       (3) If any such excavation, cesspool, tank, pond, well or pit is made or dug after the publi

S.498 Power to require trees, hedges, etc., to be trimmed

       (1)The Municipal Commissioner may, if he thinks fit, by written notice require the owner or occupier of any land on which trees, shrubs or hedges are growing to keep the same in a trim condition, and remove any such tree, 1 Subs, by s. 42 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for the word "hrub".[shrub] or hedge, if it poses a danger to public safety or overhangs or obstructs any street causing inconvenience or danger to the passers-by.

       (2) If it appears to the Municipal Commissioner that immediate action is necessary for public safety, he may, without notice, cause such tree, shrub or hedge to be removed from the land as aforesaid and the expenses thereof shall be paid by the owner or occupier of such land.

S.499 Regulation of use of places for public bathing, etc.

       (1)The Municipal Commissioner may from time to time-

       (a) set apart portions of any river or other suitable place vesting in the Corporation for use by the public for bathing or for washing animals or for washing or drying cloths;
       (b) specify the times at which and the sex of persons by whom any such place may be used;
       (c) prohibit, by public notice, the use by the public, for any of the purposes as aforesaid of any place not so set apart;
       (d) prohibit by public notice the use by the public of any portion of any river or place not vesting in the Corporation for any such purpose;
       (e) regulate by public notice the use by public of any portion of any river or ot

S.500 Prohibition of bathing, etc., contrary to order

       Except as otherwise permitted by any order under this Act,-
       (1) No person shall-

       (a) bathe in or near any lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well or any part of any river or other place vesting in the Corporation;
       (b) wash or cause to be washed in or near any such place or work any animal, clothes or other article;
       (c) throw, put or cause to enter into the water in any such place or work any animal or other thing;
       (d) cause or suffer to drain into or upon any such place or work or to be brought therein to or thereupon anything or do anything whereby the water shall be in any degree fouled or corrupted;

S.501 Prohibition of corruption of water by steeping therein animal or other matter, etc.

       No person shall-
       (a) steep in any tank, reservoir, stream, well or ditch any animal, vegetable of mineral matter likely to render the water thereof offensive or dangerous to health;

       (b) whilst suffering from any contagious, infections or loathsome disease bathe on, in or near any bathing-platform, lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well,

S.502 Prohibition of corruption of water by chemicals, etc.

       No person engaged in any trade or manufacture, shall,-
       (a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for water belonging to the Corporation or any drain or pipe communicating therewith any washing or other substance produced in the course of any such trade or manufacture as aforesaid;

       (b) wilfully do any act connected with any such trade or manufacture as aforesaid whereby the water in any such lake, tank, reservoir, cistern, well, duct or other place for water is fouled or corrupted.

S.503 Prohibition against washing by washermen

       (1) The Municipal Commissioner may by public notice prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose.

       (2) When any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer at any place other than a place appointed under sub-section (1).

S.504 Public latrines, urinals, etc.

       (1) The Municipal Commissioner shall provide and maintain in proper and convenient places sufficient number of public latrines and urinals.

       (2) Such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance and shall be provided with all necessary conservancy establishments and shall regularly be cleansed and kept in proper order.

S.505 Construction of latrines and urinals, etc.

       (1) It shall not be lawful to construct any latrine or urinal for any premises except with the written permission of Municipal Commissioner and in accordance with such terms not inconsistent with the provisions of this Act or any rules or regulations made thereunder as he may specify.

       (2) In specifying any such term, the Municipal Commissioner may determine in each case-

       (a) whether the premises shall be served by the service system or by the flush system or partly by the one and partly by the other; and
       (b) what shall be the site or position of each latrine or urinal.

       (3) If any latrine or urinal is construct

S.506 Latrines and urinals, etc., in new buildings

       (1) It shall not be lawful to erect any building or execute any work on or in relation to the building as aforesaid without providing such latrine and urinal accommodation and accommodation for bathing or washing clothes and utensils on each floor of the building as the Municipal Commissioner may specify.

       (2) In specifying any such accommodation, the Municipal Commissioner may determine in each case-

       (a) whether such building shall be served by the service system or by the flush system or partly by the one and partly by the other;
       (b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and the number (on each floor) and their clear internal dimensions thereof.

S.507 Latrines and urinals for labourers etc.

Every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed latrines and urinals of such description and number as the Municipal Commissioner may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order.

S.508 Provisions of latrines and urinals for markets, etc.

The Municipal Commissioner may by notice require any owner or manager of a market, theatre, railway station, transport terminal and any other place of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex latrines and urinals of such description and number and in such position as may be specified in the notice and to keep the same in clean and proper order.

S.509 Other provisions as to private latrines

       The Municipal Commissioner may, by written notice,-
       (a) require the owner or other person having the control of any private latrine or urinal, which in the opinion of the Municipal Commissioner constitutes a nuisance, to remove the latrine or the urinal; or

       (b) require any person having control whether as owner, lessee or occupier of any land or building-

       (i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of person passing by or dwelling in the neighbourhood; or
       (ii) to cleanse in such manner as the Municipal Commissioner may specify in the notice any latrine or urinal belonging to such land or buildin

S.510 Prevention of adulteration of food, drugs and cosmetics

Subject to the provisions of the Prevention of Food Adulteration Act, 1954 (37 of 1954), and the Drugs and Cosmetics Act, 1940 (23 of 1940), as amended by the Prevention of Adulteration of Food, Drugs and Cosmetics (West Bengal Amendment) Act, 1973 (West Ben. Act XLII of 1973) and the notification by the State Government in this behalf, the Corporation shall function as an Authority under the said Acts.

S.511 Municipal Commissioner to provide for inspection of animals, etc., exposed for sale

       (1) The Municipal Commissioner shall make provision for inspection of all animals which are intended for human consumption and are in the course of transit or are exposed or hawked about or deposited in or brought to any place for sale or preparation for sale, as the case may be.

       (2) If, as a result of any inspection under sub-section (1), any prosecution is instituted under this Chapter, the burden of proving that any such animal was not exposed or hawked about or deposited in or brought to any place for sale or preparation for sale or was not intended for human consumption shall rest with the person prosecuted.

S.512 Control of pollution

Subject to the provisions of any other law in force for the time being and the notification by the State Government in this behalf, the Corporation may function as an Authority for the enforcement of such law as relates to air, water or noise pollution.

S.513 Stacking or collecting inflammable materials

The Municipal Commissioner may, by public notice prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property the stacking or collecting of wood, dry grass, or collecting of wood, dry grass, straw or other inflammable materials or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.

S.514 Care of naked lights

       No person shall set a naked light on or near any building in any public street or other public place in such manner as may cause danger of fire :
       Provided that nothing in this section shall be deemed to prohibit the use of lights for the purposes of illumination on the occasion of any festival or public or private entertainment.

S.515 Discharging fireworks, fire-arms etc.

No one shall discharge any fire-arm or let any fire works or fire-balloons or engage in any game in such manner as may cause or likely to cause danger to persons, passing by or dwelling or working in the neighbourhood or risk of injury to property,

S.516 Prohibition of nuisances

       (1) No person shall-

       (a) in any public street or public place-
       (i) ease himself; or
       (ii) carry meat exposed to public view; or
       (iii) picket animals or collect carts; or
       (iv) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fall or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or
       (v) without proper authority affix upon any building, monument, post, wall, fence, tree or other thing any bill, notice or other document; or
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S.517 Power to require removal or abatement of nuisance

Where the Municipal Commissioner is of the opinion that there is a nuisance of any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land or building or any one or more of these persons to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.

S.517(a) Power to remove nuisance

Section 517A ins. by s. 22 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995).Notwithstanding anything contained in section 517, if the Mayor-in-Council is of the opinion that immediate removal of any nuisance continuing on any land or building in contravention of the provisions of this Act is necessary, it may, for reasons to be recorded in writing,- cause such nuisance to be removed forthwith.]

S.518 Power to require buildings, wells, etc., to be rendered safe

Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is, in the opinion of the Municipal Commissioner, in a ruinous state for want of sufficient repairs, protection or enclosure, and is a nuisance or is dangerous to person passing by or dwelling or working in the neighbourhood the Municipal Commissioner may by notice in writing require the owner or part-owner or person claiming to be the owner or part-owner thereof or failing any of them 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 Municipal Commissioner, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.

S.519 Premises not to be used for keeping animals, birds, etc., without licence

       No person shall use or permit to be used any land or premises for keeping horses, 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 Municipal 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 a race horse, 1 Subs, by s. 20 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989) for the words "four hundred".[eight hundred] rupees annually;

       (b) in the case of any animal other than a race horse or birds one hundred rupees annually.

S.520 Seizure of certain animals or birds

       (1) If any horses, cattle or other four-footed animals or birds are kept on any land or premises in contravention of the provisions of section 519 or are found roaming or tethered on any street or public place or on any land belonging to the Corporation, the Municipal Commissioner or any officer or employee of the Corporation authorised by him in this behalf may seize such horses, cattle or other four- footed animals or birds and may cause them to be impounded or removed to and 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 animals or birds by auction :

       Provided that any person claiming such animals or birds may, within seven days of such seizure, get them

S.521 Registration and control of dogs

       The Corporation may by regulations made in this behalf-
       (a) require the registration to be done of all dogs kept within Kolkata;

       (b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the Municipal 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 such dog shall be liable to be destro

S.522 Power to destroy dogs or animals

       The Municipal Commissioner may-
       (a) cause to be destroyed, or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably 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 specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be destroyed and cause them to be destroyed accordingly.

S.523 Power to stop nuisances from animals

       (1) Whenever the Municipal Commissioner is of the opinion that the user of any premises for keeping any animal or bird thereon is causing a nuisance and that such nuisance should immediately be stopped, the Municipal 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 Municipal Commissioner or any other officer authorised by him in this behalf may cause such use of such premises 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 owner or occupier does not deposit the cost as aforesaid within such

S.524 Removal of congested buildings

       (1) Where it appears to the Municipal Commissioner that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together or the narrowness, closeness, or faulty arrangement of streets of the want of proper drainage and ventilation or the impracticability of cleansing the buildings or any other similar cause, he shall cause the block to be inspected by the Chief Municipal Health Officer and the Municipal Engineer-in-Chief who shall make a report in writing to him regarding the sanitary condition of the block.

       (2) If, upon receipt of such report, the Municipal Commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or the neighbourhood or otherwise endanger the community health, he shall with the approval

S.525 Power to require improvement of buildings unfit for human habitation

       (1) Where the Municipal Commissioner upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation.

       (2) In addition to serving a notice under this section on the owner, the Municipal Commissioner may serve a copy of the notice on any other person having an interest in the building, whether as a lessee, mortgagee or otherwise.

S.526 Enforcement of notice requiring execution of works of improvements

If a notice under section 525 requiring the owner of the building to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice, the Municipal Commissioner may himself do the works required to be done by the notice and recover the expenses incurved in connection therewith as an arrears of tax under this Act.

S.527 Power to order demolition of buildings unfit for human habitation

       (1) Where the Municipal Commissioner upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered fit, he shall serve upon the owner of the building and upon any other person having an interest in the Building whether as a lessee, mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.

       (2) If any of the persons upon whom a notice has been served under subsection (1) appears in pursuance thereof before the Municipal Commissioner and gives an undertaking to him that such person shall, within a period specified by the Municipal Commissioner, execute such works of improvement in relation to the building as will, in the opinion of th

S.528 Improvement Scheme

       Where the Municipal Commissioner upon information in his possession is satisfied as respects any area-
       (a) that the buildings in that area are, by reason of disrepair or sanitary defects, unfit for human habitation or are, by reason of their bad arrangement or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area, and

       (b) that the most satisfactory method of dealing with the conditions in the area is the re-arrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the regulations made in this behalf.

S.529 Matters to be provided in an improvement scheme

       (1) An improvement scheme may provide for all or any of the following matters, namely :-

       (a) the acquisition by agreement or under the Land Acquisition Act, 1894 (I of 1894) of any property necessary for or affected by the execution of the scheme;
       (b) the relaying out of any land comprised in the scheme;
       (c) the redistribution of sites belonging to owners of property comprised in the scheme;
       (d) the closure or demolition of buildings or portions of buildings unfit for human habitation;
       (e) the demolition of obstructive buildings or portions thereof;
       (f) the construction and reconstruction of buildings;
&n

S.530 Submission of improvement scheme to the Corporation for approval and to the State Government for sanction

       (1) Every improvement scheme shall, as soon as may be after it has been framed, be submitted by the Municipal Commissioner for approval to the Corporation, and the Corporation may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the Municipal Commissioner to have a fresh scheme framed according to such directions.

       (2) No improvement scheme approved by the Corporation under subsection (1) shall be valid unless it has been sanctioned by the State Government.

S.531 Re-housing scheme

The Municipal Commissioner while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereinafter in this Act referred to as the re-housing scheme) for the construction, maintenance and management of such and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.

S.532 Improvement scheme and re-housing scheme to comply with the master plan and zonal development plan

No improvement scheme or re-housing scheme framed under this Chapter after a master plan for Calcutta or a zonal development plan for any part thereof has been prepared in accordance with the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979) shall valid unless such scheme is in conformity with the provisions of the master plan or the zonal development plan.

S.533 Power to acquire land and building for improvement

       Subject to the provisions of this Act, the Corporation may acquire any land or building, whether situated in Kolkata or not, for the purpose of-
       (i) opening out any congested or unhealthy area or otherwise improving any portion of Kolkata; or

       (ii) erecting sanitary dwellings for weaker and poorer people; or

       (iii) executing any development plan or scheme for the benefit of persons residing in Kolkata.

S.534 Execution of an improvement scheme

Any improvement scheme framed under this Chapter may be executed by the Corporation itself or by person or authority as the Mayor-in-Council may select and on such terms and conditions as it may specify.

S.535 Acquisition of property

The Corporation shall, for the purposes of this Act, have power to acquire and hold movable and immovable property or any interest therein, whether within or outside the limits of Kolkata.

S.536 Acquisition of immovable property by agreement

       (1)Whenever it is provided in this Act that the Municipal Commissioner may acquire, or whenever it is necessary or expedient for any purpose of this Act that the Municipal Commissioner shall acquire, any immovable property, such property may be acquired by the Municipal Commissioner on behalf of the Corporation by agreement on such terms and at such rates or prices or at rates or prices not exceeding such maximum as may be approved by the Mayor-in-Council either generally for any class of cases or specially in any particular case.

       (2) Whenever, under any provision of this Act, the Municipal Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms at such rates or prices or at rates or prices not exceeding such maximum as may be approved by the

S.537 Procedure when immovable property cannot be acquired by agreement

       (1) Whenever the Municipal Commissioner is unable under section 536 to acquire by agreement any immovable property or any easement affecting any immovable property vested in the Corporation or whenever any immovable property or any easement affecting any immovable property vested in the Corporation is required for the purpose of this Act, the State Government may, in its discretion, upon application of the Municipal Commissioner, made with the approval of the Mayor-in-Council and subject to other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation, as if such property or easement were land needed for public purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894).

       (2) Whenever an application is made under sub-section (1) for the acquisition of land for the purpose of

S.538 Power to hire or take on lease immovable property

The Municipal Commissioner may pay rent for or take on lease on such terms and rates as the Mayor-in-Council may approve from time to time any land or building, whether situated in Kolkata or not which may, in his opinion, be needed for carrying out any of the purposes of this Act.

S.539 Disposal of property

       With respect to the property belonging to the Corporation, the following provisions shall have effect, namely :-
       (a) the Municipal Commissioner may, in his discretion, dispose of, by sale or otherwise, any movable property belonging to the Corporation not exceeding in value in each instance five thousand rupees or such higher amount as the Corporation may determine by regulations, or let out or hire any movable property or grant a lease of any immovable property belonging to the Corporation including any right of gathering and taking fruits and the like for a period not exceeding one year at a time;

       (b) the Municipal Commissioner may, with the sanction of the Mayor-in-Council-

       (i) dispose of, by sal

S.540 Inventory of the properties of the Corporation

       (1) The Municipal Commissioner shall maintain an inventory of the movable and immovable properties of the Corporation in such form and in such manner as may be determined by the Corporation by regulations.

       (2) In the case of the inventory of immovable properties, the Municipal Commissioner shall prepare an annual statement of the revisions therein, and shall place such statement before the Mayor-in-Council.

       (3) The Mayor-in-Council shall place statement under sub-section (2) alongwith its comments, if any, before the Corporation along with the budget estimate.

       (4) The statement under sub-section (2) shall be included as an appendix in the Annual Report of

S.541 Power to undertake commercial projects

Subject to the provisions of this Act, the Corporation may from time to time, incur expenditure and undertake works for the framing and execution of commercial projects including market development schemes in relation to lands and buildings vested in or in the possession of the Corporation.

S.542 Matters to be provided for by schemes for commercial projects

       Subject to the provisions of this Act and the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979), a scheme for a commercial project may provide for all or any of the following matters :-
       (a) the acquisition by purchase, exchange or otherwise of any land or building necessary for the scheme;

       (b) the laying out or relaying out of land;

       (c) the raising, lowering or levelling of land;

       (d) the laying out and constructing roads in the area;

       (e) the construction and reconstruction of

S.543 Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions

       (1) Whenever it is provided in this Act or the rules or the regulations made thereunder that a licence ora written permission shall be signed by the Municipal Commissioner or by any other officer empowered to grant the same under this Act or the rules or the regulations made thereunder or by any other officer of the Corporation authorised by the Municipal Commissioner or officer empowered as aforesaid in this behalf shall specify in addition to any other matter required to be specified under any other provision of this Act or the rules or the regulations made thereunder-

       (a) the date of the grant thereof;
       (b) the purpose and the period (if any) for which it is granted;
       (c) restrictions or conditions, if any, subject to which it is granted;
&nb

S.544 Powers of entry and inspection

       The Municipal Commissioner or any other officer or employee of the Corporation authorised by the Municipal Commissioner or empowered by or under this Act in this behalf may enter into or upon any land or building with or without assistants or workmen-
       (a) for the purpose of ascertaining whether there is or has been in connection with the land or the building any contravention of the provisions of this Act or the rules or the regulations made thereunder;

       (b) for the purpose of ascertaining whether or not circumstances exist which render it necessary for or require the Municipal Commissioner or any other officer or employee of the Corporation authorised or empowered in this behalf to take any action or execute any work under this Act or the rules or the regulations made thereunder;
&

S.545 Power to enter land, adjoining land in relation to any work

       (1) The Municipal Commissioner or any person authorised by him or empowered by or under this Act, in this behalf may enter upon any land within one hundred metres of any work authorised by or under this Act with or without assistants or workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purpose connected with the execution of the same.

       (2) Every person so authorised shall, before entering upon any such land state the purpose thereof, and shall if so required by the owner or the occupier thereof, fence off so much of the land as may be required for such purpose.

       (3) Every person as aforesaid shall, in exercising any power conferred by this section, do as l

S.546 Breaking into building

       (1) It shall be lawful for the Municipal Commissioner, or any person authorised by him or empowered by or under this Act, in this behalf 1 Subs, by s. 23(a) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995) for "to make any entry into any place".[to make any entry into, and to cause to be vacated, any place] and to open or cause to be opened any door, gate or other barrier,-

       (a) if he considers the opening thereof necessary for the purpose of such entry; and
       (b) if the owner or the occupier is absent or being present refuses to open such door, gate or barrier 2 Ins. by s. 23(b), ibid (with retrosective effect from 4.12.1995).[or to vacate such place].

S.547 Time Of making entry

Save as otherwise provided in this Act or the rules or the regulations made thereunder no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset:
Provided that if the Municipal Commissioner is satisfied that the erection of any building or the execution of any work has been commenced or is being carried on in contravention of the provisions of this Act in any premises between the period of sunset and sunrise, he may, if he considers it necessary so to do, enter such premises during such period accompanied by a police officer to make an inspection thereof and take such action as may be necessary under this Act.

S.548 Consent ordinarily to be obtained

Save as otherwise provided in this Act or the rules or the regulations made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be may without giving such owner or occupier, as the case may be, not less than twenty-four hours' written notice of the intention to make such entry :
Provided that no such notice shall be necessary, if the land or the building to be entered is a factory or workshop or trade premises or place used for any of the purpose specified in section 435 or stable for horses or shed for cattle or latrine or urinal or work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered on such land or in such building in contravention of this Act or the rules or the regulations made thereunder.

S.549 Regard to be had to social or religious usages

When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the accounts of the place entered, and no apartment in the actual occupancy of the female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing,

S.550 Prohibition of obstruction or molestation in execution of work

No person shall obstruct or molest any person authorised or empowered by or under this Act, or with whom the Corporation or any of the municipal authorities referred to in section 3 has lawfully contracted, in the execution of his duty or anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or the rules or the regulations made thereunder, or in fulfilment of his contract, as the case may be.

S.551 Public notices how to be made known

Every public notice given under this Act or the rules or the regulations made thereunder shall be in writing under the signature of the Municipal Commissioner or any other officer of the Corporation authorised in this behalf by the Municipal Commissioner, and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within such locality or by any two or more of these means and by any other means that the Municipal Commissioner may think fit.

S.552 Newspapers in which advertisements or notices to be published

Whenever it is provided by this Act or the rules or the regulations made thereunder that notice shall be given by advertisement in local newspapers or a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least two English newspapers, and two vernacular newspapers published in Kolkata.

S.553 Proof of consent, etc. of Mayor-in-Council, Municipal Commissioner or any other officer of the Corporation

       Whenever under this Act or the rules or the regulations made thereunder the doing of or the omission to do anything or the validity or anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of-
       (a) the Mayor-in-Council;

       (b) the Mayor; or

       (c) the Municipal Commissioner or any other officer of the Corporation, as the case may be, a written document signed,-

       (i) in case referred to in clause (a), by the Municipal Secretary, and
       (ii) in cases referred to in clause (b) or clause (c), by the Municipal Commissioner or such

S.554 Notices, etc. to fix reasonable time

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.

S.555 Signature on notices, etc., may be stamped

       (1) Every licence, written permission, notice, bill, summons or other documents, which is required by this Act or the regulations made thereunder to bear the signature of the Municipal 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 Municipal 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 126.

S.556 Notices, etc., by whom to be served or issued

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 Municipal Commissioner in that behalf.

S.557 Service of notices, etc.

       (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 Corporations 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 office or at its principal office or place of business and is either-
       (i) sent by registered post, or
       (ii) delivered at the registered office or at the principal office or place of business

S.558 Time for complying with requisition or order, and power of Municipal Commissioner to enforce requisition or order in default

       (1) When, under this Act or the rules or the regulations made thereunder, any requisition or order is made by a written notice issued by any municipal authority or any officer of the Corporation, such authority or officer shall specify in such notice such period, within which-

       (a) such requisition or order shall be complied with, and
       (b) any written objection thereto shall be received by such authority or officer, as it or he may consider reasonable.

       (2) If any such requisition or order or any portion thereof is not complied with within the period specified under sub-section (1), the Municipal Commissioner may, subject to the provisions of section 559 and such regulations as may be made by the Corpor

S.559 Submission of objections to comply with notice

       (1) Any person who has been served with a written notice in which a period for receiving objections has been specified under sub-section (1) of section 558 may, within such period, deliver to the municipal authority or the officer of the Corporation, as the case may be, a written objection setting forth the reasons which he may desire to urge for the withdrawal or modification of such notice.

       (2) Every such objection shall be placed before the Municipal Commissioner for determination and, pending such determination, compliance with any requisition or order in accordance with such notice shall be stayed.

       (3) The Municipal Commissioner or, if he so directs, any other officer of the Corporation of the rank of a Joint Municipal Commissioner, other t

S.560 Power of Corporation to enter into agreement for payment of expenses in instalments

       (1) When, under this Act or the rules or the regulations made thereunder, the expenses of any measures taken or work executed or thing done by or under the order of any municipal authority or any officer of the Corporation or any Magistrate are payable by any person, the Municipal Commissioner may, if he thinks fit and with the approval of the Mayor-in-Council, notwithstanding anything to the contrary contained in this Act or the rules or the regulations made thereunder enter into an agreement with such person for payment of the same in such instalments and at such intervals as will secure the recovery of the whole amount due with interest thereon at such rate of interest as may be determined by the State Government from time to time within such period, not exceeding six years, as the Corporation may determine.

       (2) Every such agreement

S.561 Power of Corporation to declare certain expenses to be improvement expenses

       (1) If any expenses are to be recovered or are incurred on account of any work mentioned-

       (a) in section 292, section 294 and section 295, or
       (b) in the rules or the regulations made under this Act, the Corporation may, if it thinks fit, declare such expenses to be improvement expenses.

       (2) A register shall be maintained by the Municipal Commissioner showing all expenses declared to be improvement expenses under this section, and such register shall be open to inspection by any person upon payment of such fee as may, from time to time, be determined by the Corporation.

S.562 Improvement expenses, how recoverable and by whom payable

       (1) Any improvement expenses under section 561 shall be a charge on the premises in respect of which or for the benefit of which such expenses are incurred, and shall be recoverable in such instalments and at such intervals as may be sufficient to discharge such expenses with interest thereon at such rate as may be determined by the State Government from time to time within such period, not exceeding thirty years, as the Corporation may in each case determine.

       (2) The improvement expenses shall be payable by the owner or the occupier of the premises on which such expenses are chargeable.

S.563 Recovery of improvement expenses paid by occupier

Notwithstanding anything contained in section 562 when the occupier of any premises pays any instalment of improvement expenses, he shall, subject to any agreement to the contrary between himself and the owner of such premises, be entitled to deduct the amount of such instalment from the rent payable by him to such owner or to recover the same from such owner in pursuance of any order of a court of competent jurisdiction.

S.564 Right of owner or occupier to redeem charge for improvement expenses

At any time before the expiration of the period for payment of any improvement expenses, the owner or the occupier of the premises on which such expenses are chargeable may redeem such charge by paying to the Corporation such part of such expenses as is still payable.

S.565 Execution of work by occupier on the failure of owner

Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or the rules or the regulations made thereunder, the occupier, if any, of such land or building may, with the approval of the Municipal Commissioner, execute such work and shall, subject to any agreement to the contrary between himself and the owner of such land or building, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct any amount thereof from the rent payable by him to such owner.

S.566 Relief to receivers, agents and trustees

       (1) Whenever under this Act or the rules or the regulations made thereunder any person is, by reason of his-

       (a) receiving the rent of any immovable property as receiver or agent or trustee of such property, or
       (b) being such receiver or agent or trustee would receive the rent if such property were let to a tenant. bound to discharge any obligation imposed on the owner of such property but has not at his disposal funds, belonging or payable to such owner, sufficient for the purpose of discharging such obligation, he shall, within a period of six weeks from the date of service upon him, by any municipal authority or officer of the Corporation empowered in this behalf under this Act, of any notice requiring him to discharge such obligation, apply to a court of competent jurisdiction for leave

S.567 General power of Corporation to pay compensation

In any case not otherwise expressly provided for in this Act or the rules or the regulations made thereunder, the Municipal Commissioner with the prior approval of the Mayor-in-Council may pay compensation to any person who sustains damage by reason of the exercise of any power under this Act or the rules or the regulations made thereunder by any municipal authority or any officer or other employee of the Corporation.

S.568 Compensation to be paid for damage to property of Corporation

       (1) Any person who has been convicted of an offence punishable under this Act or the rules or the regulations made thereunder shall, without prejudice to any punishment to which he may be subject, be liable to pay such compensation for any damage to any property of the Corporation resulting from such offence as the Mayor-in-Council may consider reasonable.

       (2) In the case of any dispute regarding the amount of compensation under sub-section (1), such amount shall, on an application, in writing, made by such person to the Magistrate who convicts such person of such offence, be determined by such Magistrate. If the amount of compensation so determined is not paid by such person, the same shall be recovered under a warrant from such Magistrate as if it were a fine imposed by him on the person liable therefor.

S.569 Reference by Corporation to Court of Small Causes or to High Court in certain cases of recovery of expenses

       (1) If, in respect of any expenses referred to in section 560, any dispute arises, the Municipal Commissioner shall refer such dispute to the Court of Small Causes having jurisdiction or, if the amount of such expenses exceeds two thousand rupees, to the High Court for determination.

       (2) Upon such reference the Municipal Commissioner shall defer further proceedings for the recovery of such expenses and shall recover only such amount, if any, as may be determined by the Court of Small Causes or the High Court, as the case may be.

S.570 Application to Court of Small Causes or to High Court in certain cases of payment of expenses or compensation

Save as otherwise provided in this Act or the rules or the regulations made thereunder or in any other law in force for the time being, in the case of any dispute in respect of any expenses or any compensation payable to any person by any municipal authority or any officer or employee of the Corporation or any other person under this Act or the rules or the regulation made thereunder, the amount of such expenses or such compensation shall be determined by the Court of Small Causes having jurisdiction or, if such amount exceeds two thousand rupees, by the High Court on an application being made by such person to the Court of Small Causes having jurisdiction or the High Court, as the case may be, in this behalf at any time within one year from the date of such expenses or such compensation first becoming due.

S.571 Recovery of expenses or compensation determined under section 570

If the amount of any expenses or compensation determined under section 570 is not paid on demand, such amount shall be recoverable as if the same were due under a decree of the Court of Small Causes having jurisdiction or High Court, as the case may be, or in the manner provided in Chapter XVI.

S.572 Recovery of expenses or compensation by suit in court

Notwithstanding anything contained in section 571, any expenses or compensation determined under section 570, may be recovered by a suit brought in a court of competent jurisdiction.

S.573 Recovery of certain dues of Corporation

Save as otherwise provided in this Act or the rules or the regulations made thereunder, any sum due to the Corporation on account of any charge, cost, expense, fee, rate or rent or on any other account under this Act or the rules or the regulations made thereunder shall be recoverable from the person from whom such sum is due as if it were a 1 Subs. by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] :
Provided that no proceeding for the recovery of any such sum under this section shall be commenced after the lapse of three years from the date on which such sum becomes due.

S.574 Application to Court of Small Causes by owner when occupier prevents from complying with Act, etc.

       (1) Any owner of any land or building may, if he is prevented by the occupier thereof from complying with any provision of the Act or the rules or the regulations made thereunder or any requirements under any such provision in respect of such land or building, apply to the Court of Small Causes having jurisdiction within the time fixed for compliance with such provision or requirement, and thereupon such owner shall not be liable for his failure to comply with such provision on requirement within the time fixed for such compliance.

       (2) On receipt of any application under sub-section (1), the Court of Small Causes may make a written order requiring the occupier of the land or the building, as the case may be, to afford all reasonable facilities to the owner for complying with the provision or the requirement as aforesaid, and may also,

S.575 Procedure in Court of Small Causes

(1) Whenever under this Act any application, appeal or reference is made to a Court of Small Causes having jurisdiction, the Court may, for the purpose of any inquiry or proceeding in connection with such application, appeal or reference, summon and enforce the attendance of witnesses and compel them to give evidence or compel the production of documents by the same means and, as far as possible, in the same manner as is provided in the Presidency Small Causes Courts Act, 1882 (15 of 1882) or the Provincial Small Cause Courts Act, 1887 (9 of 1887), as the case may be. And, in all matters relating to any such inquiry or proceeding, the Court shall be guided generally by the provisions of the Presidency Small Causes Courts Act, 1882 (15 of 1882) or the Provisional Small Cause Courts Act, 1887 (9 of 1887), as the case may be, so far as such provisions are applicable to such inquiry or proceeding.

S.576 Fees in proceedings before Small Causes Courts

       (1) The State Government may prescribe a fee-

       (a) for making under this Act any application, appeal or reference to a Court of Small Causes having jurisdiction; or
       (b) for issue of any summons or other process in any inquiry or proceeding in connection with such application, appeal or reference :
       Provided that the fee, if any, under clause (a) shall not, in a case where the value of any claim is capable of being estimated in money, exceed the fee leviable in a similar case under the Presidency Small Cause Courts Act, 1882 (15 of 1882) or the Provisional Small Cause Courts Act, 1887 (9 of 1887), as the case may be.

S.577 Repayment of half of fees on settlement before hearing

Whenever under this Act any application, appeal or reference to a Court of Small Causes having jurisdiction is settled by agreement between the parties concerned before hearing of such application, appeal or reference, half the amount of any fee paid by any of such parties under sub-section (2) of section 576 shall be repaid by the Court to such party.

S.578 Territorial jurisdiction of Courts of Small Causes

       Notwithstanding anything to the contrary contained in any other law in force for the time being, the Court of Small Causes having jurisdiction shall, for the purpose of this Chapter, means-
       (a) in relation to any place within the local limits of the jurisdiction of the Court of Small Causes of Calcutta, that Court, and

       (b) in relation to any place, the Court of Small Causes at Sealdah.

S.579 Municipal Magistrates

       (1) The State Government may appoint one or more Judicial Magistrates of first class for the trial of offences against-

       (a) this Act, and
       (b) the rules or the regulations made thereunder, and may prescribe the time and the place at which such Magistrate or Magistrates shall sit for the conduct of business. Every such Magistrate shall exercise all other powers and discharge all other functions of a Magistrate as provided in this Act.

       (2) Any Magistrate appointed under sub-section (1) shall be called Municipal Magistrate and shall, when functioning within the Presidency-town of Calcutta or within the limits or the Port of Calcutta, be deemed to be a Metropolitan Magistrate for the purposes of the Code

S.580 Cognizance of offences

       All offences against this Act or the rules or the regulations made thereunder, whether committed within or outside Kolkata, shall be cognizable by any Municipal Magistrate having jurisdiction and such Magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment repealed by this Act by reason only of his being-
       (a) liable to pay under this Act any1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate". property tax] or other tax, or

       (b) benefited by the Municipal Fund.

S.581 Power of Municipal Magistrate to hear cases in absence of accused summoned to appear

       If, in any case, any person, who is summoned to appear before a Municipal Magistrate to answer any charge of an offence under this Act or the rules or the regulations made thereunder, fails to appear on the date and at the time and the place mentioned in the summons issued in this behalf or on any subsequent date to which the hearing of such case is adjourned, the Municipal Magistrate may, if-
       (a) service of the summons is, to his satisfaction, proved to have been effected, and

       (b) no sufficient cause is shown for non-appearance of such person, hear and determine such case in the absence of such person.

S.582 Limitation of time for prosecution

       (1) No person shall be liable to any punishment for an offence under this Act or the rules or the regulations made thereunder unless a complaint of such offence is made before a Municipal Magistrate within six months next after-

       (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 Municipal 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 199 shall, for the purpose of sub-section (1), be deemed to be a continuing offence until the expiration of the period for which such licence i

S.583 Complaint regarding nuisances and procedure therefor

       (1) The Municipal Commissioner, or any other officer of the Corporation authorised by him in this behalf, or any person who resides or owns property in Kolkata, may complain of the existence of any nuisance to a Municipal Magistrate.

       (2) Upon receipt of any such complaint, the Municipal Magistrate, after making such inquiry as he considers necessary, may, if he thinks fit, by a written order, direct the person responsible for such nuisance or the owner of the land or the building on which such nuisance exists to take, within such period as may be specified in the order, such measures for abating, preventing, removing or remedying such nuisance as may appear to the Municipal Magistrate to be practicable and reasonable and may direct the Municipal Commissioner to enforce any of the provisions of this Act or the rules or the regulations m

S.584 Power of Municipal Magistrate to direct payment of fine and demolition of unlawful work

       If, under this Act or the rules or the regulations made thereunder, any person is, in respect of any unlawful work, liable-
       (a) to pay any fine, and also

       (b) to demolish such work, a Municipal Magistrate may, in nis discretion, direct such person to pay the fine and also to demolish the work.

S.585 Power to institute, etc., legal proceedings and obtain legal advice

       The Municipal Commissioner may-
       (a) take, or withdraw from, proceedings against any person who is charged with-

       (i) any offence under this Act or any rule or regulation made thereunder, or
       (ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act, or
       (iii) committing any nuisance whatsoever;

       (b) contest or compromise an appeal against assessment of any 1 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax] or

S.586 Notice, limitation and tender of amends in suits against the Corporation, etc.

       (1) No suit shall be instituted in any court having jurisdiction against any municipal authority or any officer or employee of the Corporation or any person acting under the direction of any municipal authority or any officer or employee of the Corporation in respect of any act done, or purporting to be done under this Act or the rules or the regulations made thereunder, until the expiration of one month next after a notice in writing has been delivered or left at the office of such authority or at the office or the residence of such office or employee or person, stating-

       (a) the cause of action,
       (b) the name and residence of the intending plaintiff, and
       (c) the relief which such plaintiff claims.

S.587 Indemnity

No suits shall be maintainable against any municipal authority or any officer or employee of the Corporation or any person acting under the direction of any municipal authority or any officer or employee of the Corporation or of a Magistrate in respect of anything done lawfully and in good faith and with due care and attention under this Act or the rules or the regulations made thereunder.

S.588 Co-operation of the police

       (1) The Inspector-General of Police, West Bengal, the Commissioner of Police, Kolkata, and their subordinates shall-

       (a) co-operate with the Corporation for carrying into effect and enforcing the provisions of this Act and for maintaining good order in and outside Kolkata, and
       (b) assist the Corporation or the Municipal Commissioner or any other officer or employee of the Corporation in carrying out any order made by a Magistrate under this Act.

       (2) It shall be the duty of every police-officer in or outside Kolkata-

       (i) to communicate without delay to the Municipal Commissioner or any other officer of the Cor

S.589 Power of police to arrest offenders

       (1) Any police-officer may arrest any person who commits, in his view, any offence under this Act or the rules or regulations made thereunder, provided that the name and address of such person are known to him and such person declines to give, on demand, his name and address or gives a name or address which the police-officer has reason to believe to be false.

       (2) No person so arrested shall be detained in custody after his true name and address are ascertained or without the order of a Magistrate, for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such Magistrate.

       (3) On the written application of the Municipal Commissioner or the Joint Muni

S.590 Validity of notices and other documents

No notice, order, requisition, licence, written permission or any other document issued under this Act shall be invalid merely by reason of defect of form.

S.591 Admissibility of document or entry as evidence

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 Municipal Commissioner in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.

S.592 Evidence of officer or employee of the Corporation

No officer or other employee of the Corporation shall in any legal proceedings to which the Corporation is not a party, be required to produce any register or document the contents of which can be proved under section 591 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

S.593 Prohibition against obstruction of Mayor or any municipal authority, etc.

No person shall obstruct or molest 1 Subs. by s. 43(a) of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for the words "the Corporation or any municipal authority".[any municipal authority] or the Mayor or the Deputy Mayor or any Councillor or Alderman or any person employed by the Corporation 2 The words "or any person with whom the Municipal Commissioner has entered into a contract on behalf of the Corporation" subs, by s. 43(b),ibid (with effect from 15.5.1984).[* * * *] in the performance of its or his duty or of anything which it or he is empowered or required to do by virtue or in consequence of any provision of this Act or the rules or the regulations made thereunder.

S.594 Prohibition against removal of mark

No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or the rules or the regulations made thereunder.

S.595 Prohibition against removal or obliteration of notice

No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Corporation or any municipal authority or any officer or the employee of the Corporation specified by the Municipal Commissioner in this behalf.

S.596 Prohibition against unauthorised dealings with public place or materials

No person shall, without authority in that behalf, remove earth, sand or other material from or deposit any matter in or make any encroachment on, any land vested in the Corporation, or in any way obstruct the same.

S.597 Liability of Municipal Commissioner, etc., for loss, waste or misapplication of Municipal Fund or Property

       (1) Every Councillor or Alderman, the Municipal Commissioner, or every other officer or employee of the Corporation shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the Corporation, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct, and a suit for compensation may be instituted against him by the State Government or by the Corporation with the previous sanction of the State Government.

       (2) Every such suit shall be instituted within three years from the date immediately following the date on which the cause of action arose.

S.598 Councillors and officers and other employees of the Corporation to be public servants

Every Councillor, every Alderman, the Municipal 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.

S.599 Other laws not to be disregarded

Save as otherwise provided in this Act, nothing contained in this Act shall be construed to authorise the Corporation or any municipal authority or any officer or other employee of the Corporation to disregard any law for the time being in force.

S.600 Power to make rules

       (1) The State Government may, after previous publication, make rules for carrying out the purposes of this Act.

       (2) In particular and without prejudice to the generality of the foregoing power, such rules 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 Legislature as soon as possible after they are made and 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, and shall, unless some later date is appointed by the State Government, come into force on the date of such

S.601 Power to amend Schedule

The State Government may, or on the recommendation of the Corporation shall by notification, add to, amend, or alter any Schedule to this Act except Schedule I.

S.602 Power to make regulations

The Corporation may make regulations, not inconsistent with the provisions of this Act or the rules made thereunder for discharging its functions under this Act.

S.603 Condition precedent to the making of regulations

       The power to make regulations under this Act is subject to the condition of the regulations being made after previous publication and to the following further conditions, namely :
       (a) a draft of the regulations shall be published in the Official Gazette;

       (b) such draft shall not be further proceeded with until after the expiration of a period of one month from such publication or such longer period as the Corporation may appoint;

       (c) for not less than one month during such period, a printed copy of such draft shall be kept at the office of the Corporation for public inspection, and any person shall be permitted and any reasonable time to peruse the same, free of charge; and

S.604 Regulations to be subject to approval of State Government

       (1) No regulation made by the Corporation under this Act shall have any validity unless and until it is approved by the State Government.

       (2) Before approving any such regulation, the State Government may modify it :

       1 Proviso omitted by s.24 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995), which was earlier as under : "Provided that the provisions of this section shall not apply to any regulations made under section 20.".[***j

S.605 Power of State Government to cancel or modify regulations

       (1) If the State Government is, at any time, of opinion that any regulation made by the Corporation under this Act should be cancelled or modified either wholly or in part, it shall cause the reasons of such opinion to be communicated to the Corporation, and shall appoint a reasonable period within which the Corporation may make such representation with regard thereto as it may think fit.

       (2) After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the period as aforesaid, the State Government may at any time, by notification, cancel or modify such regulation either wholly or in part.

       (3) The cancellation or modification of any regulation under sub-section (2) shall

S.606 Supplemental provisions respecting regulations

Any regulation, which may be made by the Corporation under this Act, may be made by the State Government within one year of the establishment of the Corporation and any regulation so made may be altered or rescinded by the Corporation in exercise of its powers under this Act.

S.607 Penalty for breaches of regulation

       (1) Any regulation made under this Act may provide that a contravention thereof shall be punishable-

       (a) with fine which may extend to two thousand and five hundred rupees; or
       (b) with fine which may extend to two thousand five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention; or
       (c) with fine which may extend to one hundred rupees for every day during which the contravention continues after the receipt of a notice from the Municipal Commissioner or any other officer of the Corporation, duly authorised in that behalf, by the person contravening the regulation requirin

S.608 Rules and regulations to be available for inspection and purchase

       (1) A copy of all rules and regulations made under this Act shall be kept at the office of the Corporation and shall, during office hours, be open, free of charge, to inspection by any inhabitant of Kolkata.

       (2) Copies of all such rules and regulations shall be kept at the office of the Corporation and shall be sold to the public at such price as the Mayor-in-Council may determine either singly or collectively at the option of the purchaser.

S.609 Doubts as to powers, duties or functions of municipal authorities

If any doubt arises as to the municipal authority to which any particular power, duty or function appertains, the Mayor shall refer the matter to the State Government and the decision of the State Government thereon shall be final.

S.610 Punishment for certain offences

       Sub-sections (2) and (3) ins. by s. 6 of the Calcutta Municipal Corporation (Amendment) Act, 1992 (West Ben. Act IX of 1992).[(1)] Whoever-1. Original section renumbered as sub-section (1) of that section by s. 6 of the Calcutta Municipal Corporation (Amendment) Act, 1992 (West Ben. Act IX of 1992).

       (a) contravenes any provision of any of the sections, sub-section, clauses or provisos, or any other provision, of this Act mentioned in column 1 of Schedule VI, or
       (b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made to him under any such section, clause or proviso or other provision, shall be punishable-
       (i) with fine which may extend to the amount, or with imprisonment for a term which may extend t

S.611 Punishment for acquiring share or interest in contract, etc., with the Corporation

Any Councillor or Alderman, or any member, not being a Councillor or Alderman, of any committee of the Corporation, who knowingly acquired, directly or indirectly, any share or interest in any contract made with, or any work done for, the Corporation not being a share or interest which is, under section 61 or section 101, permissible for such Councillor or Alderman or member to have without being thereby disqualified for being a Councillor or Alderman or member of any committee of the Corporation, and the Municipal Commissioner or any other officer or employee of the Corporation, who knowingly acquires, directly or indirectly, any share or interest, not being an interest referred to in the proviso to sub-section (1) of section 101, in any contract made with, or any work done, for, the Corporation shall be deemed to have committed the offence punishable under section 168 of the Indian Penal Code (45 of 1860)

S.612 Fine for not paying tax under Chapter XII j432[.....] or Chapter XIV

       Clause (a) omitted by s. 7(b), ibid (with retrospective effect from 1.4.1990), which was earlier as follows: "(a) exercises or carries on in Calcutta, either by himself or by an agent or by a representative, on or after the first day of July in any year, any profession, trade or calling referred to in Chapter XIII, or".(a)[......]

       (b) erects, exhibits, fixes or retains any advertisement referred to in Chapter XIV, without paying any tax under that Chapter, he shall be punished with fine which-

       (i) may extend to an amount equal to 2 Subs, by s. 21 (a) of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989) for the words "three times".[five times] the amount payable as such tax, and

S.613 Fine for putting building to any use other than that for which a licence has been granted

When any premises is used or is permitted to be used by any person for any purpose other than that for which a licence has been granted under sub-section (1) of section 435 or as a stable or a cattle-shed or a cow-house, then such person shall, without prejudice to any other penalty to which he may be subject, be liable to a fine which may extend, in the case of a masonry building to two hundred and fifty rupees and, in the case of a hut, to twenty-five rupees, and, in the case of continuance of such use, to a further fine which may extend, in the case of a masonry building, to fifty rupees and, in the case of a hut, to five rupees for each day during which such use continues after the first day.

S.614 Penalty for obstructing contractor

Whoever obstructs or molests any person with whom the Corporation has entered into a contract for execution of any work under this Act shall, on conviction, be punished with imprisonment for a term which may extend to two months or with fine which may extend to two hundred rupees.

S.615 Penalty for causing damage to property belonging to Corporation

No person shall cause any damage to any property belonging to the Corporation. Any person causing any damage to any property belonging to the Corporation shall, on conviction, be punished with fine which may extend to one thousand rupees.

S.616 Penalty on methors, etc. withdrawing from work without notice

If any methor or other employee of the Corporation referred to in section 342 withdraws from his duties in contravention of the provisions of that section, he shall, on conviction, be punished with simple imprisonment for a term which may extend to three months or with fine which may extend to fifty rupees or with both and be liable to forfeit any salary that may be due to him.

S.617 Punishment of imprisonment in default of payment of fine

In every case where, under this Act, an offence is punishable with fine, or with imprisonment or fine, or with both and a person is sentenced by a Court having jurisdiction to pay a fine, it shall be competent for such Court to direct that in default of payment of fine, he shall suffer imprisonment for such term or, as the case may be, such further term, not exceeding six months, as the Court may fix.

S.618 General penalty

Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to one thousand rupees, and in the case of a continuing failure or contravention, with an additional fine which may extend to one hundred rupees for every day after the first during which he has persisted in such failure or contravention.

S.619 Offences by companies

       (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

       Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

       (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by

S.619(a) Certain offences to be cognizable

       Section 619A ins. by s. 22 of the Calcutta Municipal Corporation (Amendment) Act, 1988 (West Ben. Act XXI of 1988) (with effect from 20.2.1989).
       2 Original section 619A renumbered as sub-section (1) of that section by s. 25 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995).[(1)] The Code of Criminal Procedure, 1973 shall apply to-

       (1) an offence under sub-section (5) of section 365 or section 392 or sub-section (1) of section 393 or sub-section (1) of section 394 or section 400 or section 401 or section 402, and
       (2) an offence under sub-section (1) of section 369 or sub-section (1) of section 371 or sub-section (1) of section 377 in relation to any street which is a p

S.620 Prosecutions

Save as otherwise provided in this Act, no court shall proceed to the trial of any offence punishable by or under this Act except on the complaint of, or upon information received from the Municipal Commissioner or any person authorised by him by general or special order in this behalf.

S.621 Compounding of offences

       (1) The Municipal Commissioner or any person authorised by him by general or special order in this behalf may, either before or after the institution of any proceedings, compound any offence punishable by or under this Act :

       Provided that no offence, which is committed by failure to comply with any notice, order or requisition issued by or on behalf of the Corporation or of any of the municipal authorities referred to in section 3, shall be compounded unless such notice, order or requisition has been complied with in so far as such compliance is possible.

       (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceeding shall be taken against him in respect of the offence so compounded.

S.622 Power of State Government to notify intention to extend Act to other areas

       Notwithstanding anything contained in any other law in force for the time being, the State Government may, by notification and in such other manner as it may determine, declare its intention to extend, subject to such modifications and restrictions (if any) as may be specified in the notification, all or any of the provisions of this Act to any other area.
       Explanation.-For the purposes of this section, "other area" shall include-

       (a) the Municipality of Howrah,
       (b) any other Municipality as defined in the Bengal Municipal Act, 1932 (Ben. Act XV of 1932) and in the neighbourhood of Kolkata,
       and
       (c) any Government Township as defined in the West Bengal Gover

S.623 Power of State Government to extend Act after considering objections

       (1) The Commissioners of a municipality or the Administrator of a Government Township or the notified area authority or the town committee of an area specified in the notification under section 622 or any inhabitants or rate-payers thereof may, if they object to such intention of the State Government declared by such notification, submit their objections in writing to the State Government within such period as may be specified in such notification; and the State Government shall take such objections into consideration.

       (2) When the period as aforesaid has expired and the State Government has considered the objections (if any) under sub-section (1), the State Government may, by notification, extend to such municipality or Government Township or area or to such part thereof specified in such notification all or any of the provisions of t

S.624 Effect of extension of Act

       (1) Upon the extension of all or any of the provisions of this Act to the Municipality of Howrah or to any other Municipality or to any Government Township or to any area or to any part thereof under section 623,-

       (a) the Bengal Municipal Act, 1932, or the West Bengal Government Townships (Extension of Civic Amenities) Act, 1975, or the corresponding provisions of that Act, or of any other enactment in force for the time being, as the case may be, shall be deemed to be repealed in such Municipality or Government Township or area or part thereof on and from the date of such extension; and
       (b) except as the State Government may, by notification, otherwise direct any rules, or orders made or any direction issued or any powers conferred under the provisions of this Act as so extended, which are

S.625 Power of State Government to include or exclude certain areas within Kolkata or from Kolkata

       (1) The State Government may, by notification and in such other manner as it may determine, declare its intention to include any area in the neighbourhood of Kolkata, within the limits of Kolkata to be administered by the Corporation under this Act, or to exclude any area from the limits of Kolkata.

       (2) Any local authority or any inhabitants or rate-payers of such area, affected by such intention of the State Government declared by such notification, may, if they object to such intention, submit their objections in writing to the State Government within such period as may be specified in such notification; and the State Government shall take such objections into consideration.

       (3) When the period as aforesaid has expired and the State Government

S.626 Effect of inclusion or exclusion

       (1) Upon the inclusion of any area in the neighbourhood of Kolkata within the limits of Kolkata under section 625,-

       (a) the Bengal Municipal Act, 1932, or the West Bengal Zilla Parishads Act, 1963, or the West Bengal Panchayat Act, 1973, or the West Bengal Townships (Extension of Civic Amenities) Act, 1975, as the case may be, if in force in such area, shall be deemed to be repealed therein; and
       (b) except as the State Government may by notification, otherwise direct, any rules, regulations or orders made or any directions issued or any powers conferred under the provisions of this Act, which are in force at the date of such inclusion, shall apply to such area in supersession of the corresponding rules, regulations or orders made or directions issued or powers conferred under the West Benga

S.627 Control by General Officer Commanding the Presidency District over Government land and buildings

Notwithstanding anything contained in this Act, all land and buildings belonging to Government in that part of Hastings which is included in Kolkata shall be subject to the control of the General Officer Commanding the Presidency District :
Provided that this section shall in no way derogate from the powers vested in the Corporation or any other municipal authority under this Act enabling the Corporation or such authority in the interests of the public health to require the owner or occupier of any land or building in such part of Hastings to remedy or abate any sanitary defects on or in such land or building.

S.628 Sanction of Central Government required for erection of masonry building

The Corporation shall not give or be deemed to have given permission to erect a masonry building in that part of Hastings which is included in Kolkata unless and until the sanction of the Central Government has been obtained; and such sanction shall not be applied for unless the plan of the building and the site-plan of the land are approved by the Commissioner of Police.

S.629 Demolition or alteration of buildings erected without such sanction

       (1) If the erection of any masonry new building in that part of Hastings which is included in Kolkata is, after the commencement of this Act, commenced, carried on or completed without obtaining the sanction of the Central Government, the Municipal Commissioner shall, if requested by the General Officer Commanding the Presidency District to do so,-

       (a) by written notice direct the owner to demolish or alter the building, or
       (b) himself cause the building to be demolished or altered at the expense of the owner.

       (2) No person shall be entitled to any compensation on account of such demolition or alteration.

S.630 Such sanction not to bar other provisions of Act

Notwithstanding anything contained in sections 628 and 629, permission to erect a masonry building in that part of Hastings which is included in Kolkata shall not be given so as to contravene, by rendering less strict, any of the provisions of this Act regulating the construction of buildings; and the provisions of section 629 shall be in addition to, and not in derogation of, any other powers of the Corporation or any other municipal authority under this Act to take proceedings for the demolition of any masonry new building erected in such part of Hastings after the commencement of this Act.

S.631 Savings as to certain suits and proceedings

       (1) Any suit or legal proceeding instituted or which but for the passing of this Act have been instituted by or against the Corporation or the Commissioner under the Calcutta Municipal Act, 1951 (West Ben. Act XXXIII of 1951), may be continued or instituted by the Corporation or the Municipal Commissioner, as the case may be, constituted or appointed under this Act.

       (2) For the purposes of such suit or legal proceeding and of all matters incidental thereto, the powers and duties of the Corporation and of the Commissioner under the Calcutta Municipal Act, 1951, shall vest in the Corporation and the Municipal Commissioner constituted and appointed respectively under this Act, and when any action has been taken under the Calcutta Municipal Act, 1951, such action shall be deemed to have been taken by the corresponding authority under that

S.631(a) Saving as to holding of certain office

Section 631A ins. by s. 4(16) of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 (West Ben. Act XXXVI of 1994) (with retrospective effect from 1.6.1994). 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 (a) of sub-section (1) of section 5 in accordance with the provi

S.632 Provisions of this Chapter to override other provisions

The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained elsewhere in this Act.

S.633 Transitory provisions as to Howrah Municipality

The provisions of the Calcutta Municipal Act, 1923 (Ben. Act III of 1923), as extended to the Municipality of Howrah under that Act and in force immediately before the commencement of this Act shall continue to be in force subject to the modifications specified in Schedule VII until the provisions of this Act are extended to that Municipality under this Act.

S.634 Removal of difficulties

If any difficulty arises in giving effect to the provisions of this 1 Subs, by s. 44 of the Calcutta Municipal Corporation (Second Amendment) Act, 1984 (West Ben. Act XIII of 1984) (with effect from 15.5.1984) for the word "Chapter".[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.

S.635 Repeal and Savings

       (1) With effect from the date of coming into force of this Act, the Calcutta Municipal Act, 1951 (West Ben. Act XXXIII of 1951) shall stand repealed.

       (2) Notwithstanding such repeal,-

       (a) every budget passed, loan taken, assessment or plan of a projected public street or measurement or division made, standard plan of a bustee approved, licence or permission or sanction granted, or debenture or notice issued under the Calcutta Municipal Act, 1923 or the Calcutta Municipal Act, 1951 and in force at the commencement of this Act shall be deemed to have been passed, taken, made approved, granted or issued under this Act, and shall (unless altered, modified, cancelled, repealed, suspended, surrendered or withdrawn, as the case may be, under this Act)

S.635(a) Special provision for municipalities included within Kolkata

Section 635A ins. by s. 3 of the Calcutta Municipal Corporation (Amendment) Act, 1984 (West Ben. Act VIII of 1984) (with effect from 11.1.1984).Notwithstanding anything contained in this Act, any assessment of lands and buildings in respect of the whole or any area included within the limits of Kolkata, which, immediately before the coming into force of this Act, was comprised in any municipality, shall continue to remain in force until assessment in respect of such lands and buildings is made under this Act, and the payment of the 2 Subs, by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 2001 (West Ben. Act VIII of 2001) (with effect from 23.3.2001) for the words "consolidated rate".[property tax], or of any amount entered in the preceding assessment list, for any such land or building for any period prior to the 1st day of April, 1984 shall be made in accordance with the provisions of the Bengal Municipal Act,

S.636 Transitory provision

       Original section 636 renumbered as sub-section (1) of that section by s. 4, ibid (with effect from 11.1.1984).[(1)] Notwithstanding anything to the contrary contained elsewhere in this Act the State Government may appoint a person to be called the Administrator to exercise all the powers and discharge all the functions of the municipal authorities mentioned in section 3 for the period from the date of coming into force of this Act till the first meeting of the Corporation at which a quorum is present.
       2 Sub-sections (2) and (3)ins. by s. 4, ibid (with effect from 11.1.1984).[(2) The Administrator appointed under sub-section (1) may constitute such member of Committees and for such period as he may deem fit.

       (3) Each such Committee shall consist of not more than twenty-five persons, appointe

Sch.1 SCHEDULE I

       SCHEDULE I

       [See sections 2(9), 601 and 625]


       BOUNDARIES


       A line drawn along the outer edge of Pramanick Ghat Road, Kashinath Dutta Road, Kali Charan Ghosh Road and Ramkrishna Ghosh Road, thence southward along the western edge of the Eastern Railways where the boundary line meets the

       New Canal, thence eastward along the southern bank of the New Canal and Kestopur Canal up to the point where it meets the

   &nb

Sch.2 SCHEDULE II

       WARDS OF THE CORPORATION


       [See section 5(2)]


       Ward No. 1

       On the north-Pramanick Ghat Road, Cossipore Road and Kashinath Dutta Road.

       On the south-Khagendra Chatterjee Road and Rustomjee Parsee Road. On the east-Barrackpore Trunk Road. On the west-Cossipore Road, Rustomjee Parsee Road and the river Hooghly.


       Ward No. 2
   &

Sch.3 SCHEDULE III

SCHEDULE1 Schedule III omitted by s. 26 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995), which was earlier as under: "SCHEDULE III CORRUPT PRACTICES [See section 2(22)] The following shall be deemed to be corrupt practices for the purposes of this Act:- PART I 1. Bribery.- A gift, offer or promise by a candidate or his agent, or by any other person with the connivance of a candidate or his agent, of any gratification to any person whomsoever- (a) with the object, directly or indirectly, or including- (i) a person to stand or not to stand as, or to withdraw from being, a candidate, or (ii) an elector to vote or refrain from voting at an election; or (b) as to reward to- (i) a person for having stood or for having not stood as a candidate or for having withdrawn his candidature, or (ii) an elector for having voted or refrained from voting. Explana

Sch.4 SCHEDULE IV

       THE KOLKATA MUNICIPAL CORPORATION ON PROFESSION, TRADE AND CALLING, 1989

       Profession, Trade and Calling


       SI. No.
        Class of Persons


       (1)
        (2)
        (3)



       1. (a) Company registered under Companies Act, 1956

&nb

Sch.5 SCHEDULE V

       SCHEDULE V

       [See section 435]


       PART I


       PURPOSES FOR WHICH PREMISES MAY NOT BE USED WITHOUT PERMISSION


       Carrying out any of the following trades or operations connected with traders :-

       1. Banking.

       2. Cinematograph films. Shooting of-

Sch.6 SCHEDULE VI

       SCHEDULE VI

       PENALTIES


       (See section 610)


       Explanation.-The entries under the heading "subject" in the second column of the following table shall not be intended as definitions of the offences prescribed in the provisions mentioned in the first column or as abstract of those provisions but merely as references to the subect thereof:


       Section and sub-section, clause or proviso
        Subject<

Sch.6(a) SCHEDULE VIA

       SCHEDULE VIA
       [See section 127 (2)]


       Parts of plant or of combination of plant and machinery in certain cases not to be excluded in calculating the annual value of any land or building

       The following parts of a plant or combination of plant and machinery whenever and only to such extent as any such part is, or is in the nature of, a building or structure :-


       Acid Concentrators,

       Bins and Hoppers,
     &n

Sch.7 SCHEDULE VII

       SCHEDULE VII

       (See section 633)


       MODIFICATION OF THE CALCUTTA MUNICIPAL ACT, 1923, AS EXTENDED TO THE MUNICIPALITY OF HOWRAH


       In the Calcutta Municipal Act, 1923 (Ben. Act III of 1923) as extended to the Municipality of Howrah,-


       (a) Section 127 shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be inserted :
      &nb

Sch.8 SCHEDULE VIII

       SCHEDULE VIII

       [See section 174(4A)]


       PARTS OF PLANT OR OF COMBINATION OF PLANT AND MACHINERY IN CERTAIN CASES NOT TO BE EXCLUDED IN CALCULATING THE ANNUAL VALUE OF ANY LAND OR BUILDING


       The following parts of plant or combination of plant and machinery whenever and only to such extent as any such part is, or is in the nature of, a building or structure :


       Acid Concentrators,

&nbs

Sch.9 SCHEDULE IX

       SCHEDULE IX

       TAX ON CART


       (See section 209A)


       1 .On every cart other than a Cycle van fitted with pneumatic tyres-Rupees thirty.

       2. On every Cycle van fitted with pneumatic tyres-Rupees fifteen.

       3. On every car fitted with solid rubber tyres-Rupees forty.