WEST BENGAL MUNICIPAL ACT, 1993
(1) This Act may be called the West Bengal Municipal Act, 1993.
(2) It extends to the whole of West Bengal, except 2[Kolkata] as defined in clause (9) of section 2 of the 2[Kolkata] Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980), and Howrah as defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980 (West Ben. Act LVIII of 1980), and. such other area as may constitute the territorial jurisdiction of a municipal corporation established by any law for the time being in force.
2. Substituted by section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (with retrospective effect from 1.1.2001) for "Calcutta".
(3) It shall come into force on such date3 as the State Government may, by notification, appoint.
In this Act, unless there is anything repugnant in the subject or context,
4[(1) "Annual Development Plan" means the Annual Development Plan prepared under section 300;]
4. Clause (1) inserted by section 2(1) of the West Bengal Municipal (Amendment) Act, 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998).
1[(1A)] "annual valuation" means annual value, and includes determination of annual value where the context so requires;]
1. Existing clause (1) renumbered as clause (1A) by section 2(1) of the West Bengal Municipal (Amendment) Act, 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998), which was earlier inserted by section 2(a) of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from
Whenever it appears to the 5[Governor] that any town, together with, or exclusive of, any railway station, village, land or building in the vicinity of any such town-
5. Substituted by section 3(a) of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994) for "State Government".
(i) contains a population of not less than 1 [30,000] inhabitants,
1. Substituted by section 3 of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 15.9.2004) for "20,000".
(ii) has a density of population of not less than seven hundred and fifty inhabitants per square kilometer of area, and
(iii) has an occupational pattern in which m
(1) The notification about the constitution of a municipal area shall be published in the Official Gazette and in at least two leading newspapers, one of which shall be in vernacular intelligible to the inhabitants of the local area concerned.
(2) A copy of the notification shall also be pasted up in a conspicuous place in the office of the District Magistrate, and in such other public places as the State Government may direct
(3) A public proclamation about the constitution of a municipal area shall be made either by beating of drum throughout the local area concerned or through any other publicity media.
Any inhabitant of the town or local area in respect of which the notification has been published under section 4 may, if he objects to anything contained in the notification submit his objection in writing to the State Government within three months from the date of publication in the Official Gazette, and the State Government shall take his objection into consideration.
On the expiry of three months from the date of publication of the notification in the Official Gazette and after consideration of all or any of the objections which may be submitted, the 1 [Governor] may by notification. constitute such town or any specified part thereof a municipal area under this Act.
1. Substituted by section 4 of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994) for "State Government".
The State Government may, for the purpose of application of the provisions of this Act, classify the municipal areas into the following groups on the basis of the population as ascertained at the last preceding census of which the relevant figures have been published :
Group A - municipal areas having population above 1 [2,15,000.]
1. Substituted by section 4(i) of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 15.9.2004) for "2,00.000.".
Group B - municipal areas having population above 2[1,70,000 but not exceeding 2,15,000.]
2. Substituted by section 4 (ii), ibid (with effect from 15.9.2004) for "1,50,000 but not exceeding 2,00.000.".
Group C - municipal
The State Government may, by notification, 8[determine the number of wards in any municipal area,] having regard to population, dwelling pattern, geographical condition and economic considerations of the area included in each ward :
7. Substituted by section 5(a) of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994) for "Power to divide municipal areas into wards".
8. Substituted by section 5(b), ibid (with effect from 13.7.1994) for "divide any municipal area into a number of wards....
Provided that the number of wards in any municipal area shall not be less than nine and shall not exceed, in the case of a municipal area included in Group A, thirty-five, in the case of a municipal area included in Group B, thirty, in the case of municipal
The State Government may, by notification,-
(a) withdraw any municipal area from the operation of this Act; or
(b) exclude from a municipal area any local area comprised therein and defined in the notification; or
(c) include within a municipal area any local area contiguous to the same and defined in the notification; or
(d) divide any municipal area into two or more municipal areas: or
(e) unite two or more municipal areas so as to form one municipal area; or
(f) revise the boundary of two or more contiguous municipal areas; or
(g) re-define the boundaries or limits of a municipal area; or
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Where a dwelling-house, manufactory, warehouse, or place of industry or business is situated within the limits of two or more adjacent municipal areas, the State Government may, notwithstanding anything contained in this Act, by notification, declare within which of these municipal areas such dwelling-house, manufactory, warehouse, or place of industry or business shall be deemed to be included for the purposes of this Act.
(1) The State Government may by notification and for reasons to be recorded in writing, exempt any municipal area or municipal areas of any group from the operation of any of the provisions of this Act considered unsuited thereto and thereupon the said provisions shall not apply to such municipal area or municipal areas until such provisions are applied thereto by notification.
(2) While the exemption as aforesaid remains in force the State Government may make rules consistent with the provisions of this Act in respect of any matter within the purview of such provisions of this Act from the operation of which the municipal area or municipal areas as aforesaid are exempted.
The municipal authorities charged with the responsibility of carrying out the provisions of this Act shall, for each municipal area, be as follows :-
(a) the Municipality,
(b) the Chairman-in-Council, and
(c) the Chairman.
1[(1) The Municipality established for a town shall mean the Board of Councillors charged with the authority of municipal government of the town, and shall consist of-
(a) such number of elected members as there are wards within the municipal area, and
(b) persons having special knowledge or experience in municipal administration as may be nominated by the State Government from time to time, provided that such persons shall not have the right to vote in the meetings of the Municipality.]
1. Sub-section (1) substituted by section 7 of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994), which was earlier as under :
"(1) The Municipality established for a town shall mean the Board of Councillors c
1[(1) The Councillors elected in a general election or a by-election of a Municipality and the members nominated by the State Government under clause (b) of sub-section (1) of section 13 shall constitute the Board of Councillors.]
1. Sub-section (1) substituted by section 5 of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995), which was earlier as under:
"(1) The Councillors elected in a general election or a by-election of a Municipality shall constitute the Board of Councillors.".
2[(2) The Board of Councillors, unless dissolved earlier, shall hold office for a period of five years from the date appointed for its first meeting after the general election and no longer.
2. Sub-section (2) subst
2[(1) There shall be a Chairman-in-Council consisting of the Chairman, Vice-Chairman and other members not exceeding. in the case of a municipal area included in Group A, five, in the case of a municipal area included in Group B, four, in the case of a municipal area included in Group C, three:
Provided that in respect of the municipal areas included in Group D and Group E, all the powers and functions vested with the Chairman-in-Council under this Act or under any other law, for the time being in force, shall be examined or performed, as the case may be, by the Chairman of the concerned Municipality.]
2. Sub-section (1) substituted by section 6 of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 2.9.2002), which was earlier as under:
"(1) There’ s
(1) The Chairman shall be 2[the executive head of the Municipality and the municipal administration shall be under his control] and he shall exercise such powers and functions as conferred on him by or under this Act.
Provided that the Chairman shall not act in opposition to or in contravention of any decision of the Board of Councillors.".
(2) The Chairman shall preside over the meetings of the Chairman-in-Council as well as the Board of Councillors.
(3) The Chairman shall allocate the business among the members of the Chairman-in-Council in case of Group A, Group B and Group C Municipalities.
(4) The matters to be discussed at a meeting of the Chairman-in-Council as well as the Board of Councillors shall be prepared under the direction of the Chai
(1) The Board of Councillors, 1[in its first meeting under section 50B,] shall elect in accordance with such procedure as may be prescribed one of its 2[elected] members to be the Chairman who shall assume office forthwith 3 [after taking oath of secrecy under section 50A :]
1. Substituted by section 6(a) of the West Bengal Municipal (Second Amendment) Act, 1994 (West Ben. Act XLV of 1994) (with effect from 10.10.1994) for "whether elected or appointed.".
2. Inserted by section 6 (b), ibid (with effect from 10.10.1994).
3. Substituted by section 8(1) (i) of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 15.9.2004) for "after taking oath of secrecy under section 50A.", which were earlier inserted by section 6(c) of the West Bengal Municipal (Second
(1) The Chairman shall cease to hold office as such if he ceases to be a Councillor of the 1[municipal area.]
1. Substituted by section 5 of the West Bengal Municipal (Amendment) Act, 2004 (West Ben. Act VIII of 2004) (with effect from 15.9.2004) for "municipal area or is removed from his office under sub-section (3) of section 429A, as the case may be.", which were earlier substituted by section 9(i) of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 15.9.2004) for "municipal area.".
(2) The Chairman may, at any time, by giving a notice in writing to the Board of Councillors, resign his office, and the procedure for acceptance or otherwise of the resignation shall be such as may be prescribed.
(3) The Chairman may be removed from office by a reso
(1) The Vice-Chairman shall, in the absence of the Chairman, preside over the meetings of the Chairman-in-Council as well as the Board of Councillors.
1[(2) When -
(a) the office of the Chairman falls vacant by reason of death, resignation, removal or otherwise, or
(b) the Chairman is, by reason of leave, illness or other cause, temporarily unable to exercise the powers, perform the functions and discharge the duties of his office, the Vice-Chairman shall exercise the powers, perform the functions and discharge the duties of the Chairman until a Chairman is elected under subsection (3) of section 17 and assumes office or until the Chairman resumes his duties, as the case may be.]
1. Sub-section (2) subs, by section 6 of the West Bengal Municipal (
(1) On the election of the Chairman following a general election or on the office of the Chairman otherwise falling vacant, the Chairman holding office for the time being or the Vice-Chairman or any other authority, or any other member, exercising the powers, performing the functions, and discharging the duties, of the Chairman shall make over all the cash, assets, documents, registers and seals which he may have in his possession, custody or control as soon thereafter as possible on such date, place and hour as may be fixed by the District Magistrate or any other Executive Magistrate authorised by the District Magistrate in this behalf to the newly elected Chairman or, in the case of a vacancy occurring otherwise, to the Vice-Chairman or to the Chairman appointed under the provisions of sub-section (2), or sub-section (4), of section 17 or to such person or persons appointed under the provisions of sub-section (3) of section
The members of the Chairman-in-Council shall exercise such powers and perform such functions as may be assigned to them from time to time by the Chairman.
(1) The Board of Councillors may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Chairman-in-Councilor the Chairman.
1. Section 20A inserted by section 7 of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995).
(2) The Chairman-in-Council may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Chairman or a member of the Chairman-in-Council.
(3) Subject to such resolution as may be made by the Chairman-in-Council in this behalf, the Chairman may, by order, delegate, subject to such conditions as may be specified in the order, any of his powers or functions to the Vice-Chairman or to a
The Vice-Chairman or any other member of the Chairman-in-Council shall hold office until -
(a) he ceases to be a Councillor, or
(b) he resigns his office by writing under his hand addressed to the Chairman in which case the resignation shall take effect from the date of its acceptance or
1[(c) he is removed from office by a written order of the Chairman, or]
1. Clause (c) substituted by section 6 of the West Bengal Municipal (Amendment) Act, 2004 (West Ben. Act VIII of 2004) (with effect from 15.9.2004), which was earlier substituted by section 10 of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002)(with effect from 15.9.2004) as under:
"(c) he is removed from office by a writ
A Councillor shall hold office for a period of five years from the date of the first meeting of the Board of Councillors under section 50B or for the period for which the new Board of Councillors referred to in the first proviso to sub-section (4) of section 431 shall continue thereunder or for the period for which a member chosen to fill a casual vacancy shall be chosen to serve under sub-section (2) of section 83 of the West Bengal Municipal Elections Act, 1994 (West Ben. Act XXXIV of 1994), unless-
(a) the Board of Councillors is dissolved earlier, or
(b) he resigns his office by writing under his hand addressed to the Chairman and the resignation is accepted by the Board of Councillors at a meeting in which case the resignation shall take effect from the date of its acceptance, or
(c) 3[
3[21AA. * * * ]
3. Section 21 AA omitted by section 8 of the West Bengal Municipal Corporation (Amendment) Act, 2004 (West Ben. Act VIII of 2004) (with effect from 15.9.2004), which was earlier inserted by section 12 of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 15.9.2004) as under:
"21AA. Removal of a Councillor. - (1) The District Magistrate may, after giving a Councillor an opportunity to show cause against the action proposed to be taken against him by order remove him from his office-
(a) if. after his election, he is convicted by a criminal court of an offence involving moral turpitude and is punishable with imprisonment for a term which exceeds six months; or (b) if he was disqualified to be a Councillor at the time of his election unde
(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 a Municipality 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 of such Municipality to be disqualified for being a Councillor thereof, if-
4. Section 21 B inserted by section 5 of the West Bengal Municipal (Amendment) Act, 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998).
(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
There shall be a Leader of Opposition in a Municipality, who shall be a Councillor of the Municipality and who is, for the time being, the Leader of the recognised political party in opposition in the Municipality having the greatest numerical strength and recognised as such by the Chairman:
1. Section 21 C inserted by section 10 of the West Bengal Municipal (Amendment) Act, 2000 (West Ben. Act XXII of 2000) (with effect from 1.9.2000).
Provided that where there are two or more recognised political parties in opposition in the Municipality having the same numerical strength, the Chairman shall, having regard to the status of the recognised political parties, recognise anyone of the Leaders of such recognised political parties as the Leader of the Opposition, and such recognition shall be final and conclusive.]
(1) Every Municipality having a population of three lakhs or more, may, at its first meeting after the election of members thereto or as soon as may be thereafter, group the wards of the Municipality into five Boroughs so that each Borough consists of not less than six contiguous wards, and, constitute a Borough Committee for each Borough.
(2) Each Borough Committee shall consist of Councillors elected from the wards constituting the Borough.
2. Section 22 substituted by section 7 of the West Bengal Municipal (Second Amendment) Act, 1994 (West Ben. Act XLV of 1994) (with effect from 10.10.1994), which was earlier as under:
"22. Wards Committee. - (1) There shall be constituted Wards Committees consisting of one or more wards within the territorial area of a Municipality having a population of
(1) Each ward of a Municipality 2[shall] have a Ward Committee.
1. Section 23 substituted by section 9 of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994), which was earlier as under:
"23. Borough Committee. - (1) There may be Borough Committees constituted in a municipal area in accordance with such rules as may be made by the State Government in this behalf.
(2) The Borough Committees shall perform such functions and transact such business in such manner as may be prescribed:
2. Substituted by section 6(1) of the West Bengal Municipal (Amendment) Act, 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998) for "may".
3[ * * *]
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(1) There shall be an Area Sabha in every ward comprising of one or more polling booths and consisting of persons whose names are included in the part of the electoral roll of the polling booth concerned.
(2) The composition and function of Area Sabha shall be such as may be prescribed.]
1. Section 23A inserted by section 2 of the West Bengal Municipal (Amendment) Act, 2009 (West Ben. Act III of 2009) (with effect from 1.6.2009).
(1) At the first meeting of the Board of Councillors or at the meetings subsequent thereto, the Board of Councillors of every Municipality shall constitute the following Standing Committees :-
(a) Finance and Resource Mobilisation Standing Committee:
(b) Solid Waste Management Standing Committee:
(c) Water Supply Standing Committee;
(d) Public Works Standing Committee;
(e) Health, Education and Urban Poverty Alleviation Standing Committee:
(f) Public Health and Sanitation Standing Committee:
Provided that the Standing Committees, other than those mentioned above may also be constituted by the Board of Councillors if
(1) Each Standing Committee shall perform such functions, exercise such powers, and discharge such duties, as the Board of Councillors at a meeting delegate to it.
(2) The Board of Councillors at a meeting may, by specific resolution, refer to a Standing Committee for inquiry or report or for opinion on such subjects relating to the powers or duties of the Municipality as the Board of Councillors may think fit.
(3) The Standing Committee shall submit its report indicating the difficulties for implementation of development programme under its respective jurisdiction, and recommending measures to remove such difficulties.
(4) All proceedings of Standing Committees shall be subject to confirmation or modification by the Board of Councillors at a meeting unless the Board of Councillors at a meetin
(1) The Board of Councillors shall constitute a Committee to be called the Heritage Conservation Committee with the Chairman as its Chairman and an officer of the Municipality 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 at the District Magistrate of the district;
(b) one shall be a nominee of the Director of the Department of Archaeology, Government of West Bengal;
(c) one shall be an eminent architect:
(d) one shall be an artist;
(e) one shall be an environmentalist:
(f) one shall be a historian; and
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(1) The Board of Councillors may, from time to time, appoint a Special Committee to perform such specified functions, or conduct such enquiries, or undertake such studies including reports thereon, as may be contained in a resolution in this behalf.
(2) Any person who is not a Councillor but possesses special qualifications useful for the purpose of a Committee as aforesaid may be associated therewith as its member.
(3) The manner of transaction of business in a Special Committee shall be such as may be laid down by the Board of Councillors.
(1) The State Government may, if it considers necessary so to do constitute a Joint Committee for more than one Municipality, or for one or more Municipalities with other local authority or local authorities for any purpose in which they are jointly interested or for delegating to it any power or function which calls for joint action.
(2) The Joint Committee shall consist of the following members :-
(i) two nominees of each constituent Municipality or local authority.
(ii) one nominee of each of the concerned departments of the State Government or of the concerned local authorities,
(iii) such expert or experts as the State Government may nominate.
(iv) Director of Local Bodies or his representative who
(1) The Board of Councillors shall ensure constitution of Self-help Groups, and Community Development Society, consisting of the women members of the families, identified as the families below poverty line, residing within the municipal area.
1. Sections 25A and 25B inserted by section 7 of the West Bengal Municipal (Amendment) Act, 2006 (West Ben. Act XXII of 2006) (with effect from 1.10.2006).
(2) The composition, manner of constitution and functions of Self-help Groups, and the Community Development Society under sub-section (1), shall be such as the State Government may, by order, determine.
Explanation. - In this section "below poverty line" means the poverty line as may be determined by the Central Government.
(1) The Board of Councillors shall ensure constitution of a Poverty Alleviation Cell for the Municipality.
(2) The composition, manner of constitution and functions of the Poverty Alleviation Cell under sub-section (1), shall be such as the State Government may, by order, determine.]
(1) The first general election of the Board of Councillors of a municipal area newly constituted shall be held 1[within a period of six months from the date of the notification under section 6 or sub-section (3), or sub-section (4) of section 378. as the case may be.]
1. Substituted by section 10(a) of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994), for "at such time as the State Government may prescribe.".
(2) The general election in a municipal area to constitute the Board of Councillors shall be held before the expiration of the term of office of the existing Board of Councillors on such date 2[, not earlier than six months prior to the date on which the duration of its term of office would expire under subsection (2) of section 14.] as the State Government may fix for the pur
1[27.***]
1. Section 27 omitted by section 11 of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994), which was as under:
"27. Reservation of seats for Scheduled Castes Scheduled Tribes and Women. - (1) Seats shall be reserved for the Scheduled Castes and Scheduled Tribes in every Municipality. and the number of seats so reserved shall bear as nearly as may be. the same proportion to the total number of seats to be filled by direct election to that Municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area, as the case may be, bears to the total population of that municipal area and such seats may be allotted by rotation to different constituencies of that Municipality.
(2) N
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall vest in the State Election Commission.]
2. Section 28 substituted by section 12. ibid (with effect from 13.7.1994), which was earlier as under:
"28. Elections to the Municipalities - (1) Notwithstanding anything contained in this Act, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the municipalities shall be vested in the State Election Commission constituted by the State Government by law made by the State Legislature in this behalf.
(2) The State Election Commission shall perform its functions in accordance with such rules as the State Government may make from time to tim
[29.* * * *]
’29. Electoral roll for a municipal area. - (1) For every municipal area, there shall be an electoral roll showing the names of persons qualified to vote.
(2) The electoral roll for every municipal area shall be divided into several parts, one for each ward of a municipal area.
(3) The electoral roll for a municipal area shall be prepared, revised or corrected by the State Election Commission in accordance with such rules as may be made by the State Government in this behalf:
Provided that there shall be a preliminary publication of such electoral roll atter preparation or revision to be followed by final publication after hearing of objections in the manner prescribed,
(4) Notwithstanding anything contained elsewhere in this Act, t
[30.* * * *]
30. Condition for registration as a voter. - (1) Every person who -
(a) is not less than 18 years of age on the qualifying date, and
(b) is ordinarily resident in a municipal area, shall be entitled to be registered in the electoral roll for that municipal area.
(2) No person shall be entitled to be registered in the electoral roll for any municipal area in more than one place.
(3) No person shall be entitled to be registered in the electoral roll for any municipal area if his name has already been registered as a voter in the electoral roll of any other municipal area, municipal corporation or panchayat area,
Explanation I. -The expression "qual
[31.* * * *]
31. Disqualification for registration in an electoral roll. - The disqualifications for registration in an electoral roll for a municipal area shall be the same as provided in section 16 of the Representation of the People Act, 1950.
[32.* * * *]
32. Appeal. - Any person aggrieved by any entry in, or omission from, the electoral roll or by the order or decision of the State Election Commission, may, within fifteen days from the date of final publication of the electoral roll or from the date of the decision or the order of the State Election Commission, as the case may be, appeal to such appellate authority as the State Government may be notification appoint and if, on such appeal, the said appellate authority directs any modification or addition to be made in the electoral roll or the decision or the order of the State Election Commission, the electoral roll shall accordingly be corrected or the decision or the order shall be modified, as the case may be, Such decision on appeal shall be published in the manner provided for final publication of an electoral roll.
[33.* * * *]
33. Offences in respect of electoral roll. - (1) Every person who by claiming a qualification, which he knows that he does not possess, to vote at a municipal election or by using a false document or by a false declaration or by any other deceitful means, procures or attempts to procure the improper entry of the name, whether of himself or of any other person, In the electoral roll or the Improper omission of any name therefrom, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
(2) Every municipal officer or employee or polling officer who wilfully makes or procures or attempts to make or procure any Improper entry in the electoral roll or any improper omission therefrom shall be punished with imprisonment for a term which may extend
[34.* * * *]
34. Right to vote. - Save as otherwise provided in this Act, every person whose name is included in the electoral roll which is in force after final publication, shall be entitled to vote at an election for the ward where his name is so included.
Provided that no person shall vote at an election of Councillors of a municipal area if he- (a) has been adjudged to be of unsound mind, or
(b) has voluntarily acquired the citizenship of a foreign State, or
(c) has been sentenced by a criminal court for an electoral offence punishable under this Act or has peen disqualified under any other law for the time being in force tram exercising any electoral right on account of corrupt practices in connection with an election and six years have not e
[35.* * * *]
35. Qualifications for election as a Councillor. - No person whose name is not included in the electoral roll for the election of Councillors of a municipal area, shall be qualified to be elected a Councillor of that municipal area.
[36.* * * *]
36. General disqualifications for a Councillor. - (1) A person shall not be eligible for election or appointment as a Councillor if such person -
(a) has been adjudged by a competent court to be of unsound mind; or
(b) is under twenty-one years of age: or
(c) is an undercharged insolvent: or
(d) being a discharged insolvent, has not obtained from the court a certificate that his Insolvency was caused by misfortune without any misconduct on his part or
(e) holds any office of profit under the Municipality: or
(f) has directly or indirectly by himself or by his partner or employer or any employee. any
[37.* * * *]
37. Election of ineligible persons and disqualifications subsequently incurred. - (1) Where a person elected to be a Councillor was not eligible for such ejection on account of any disqualification referred to in section 35 or section 36 or where a person incurs such disqualification subsequent to his election as Councillor, the election of such person shall be void upon the State Government making a declaration to that effect:
Provided that no such declaration shall be made if the Question of such disqualification was raised in an election petition presented under this Chapter.
(2) No act done by a Councillor as aforesaid while remaining in office, shall be invalid on account of his election being declared void subsequently.
(3) The ca
[38.* * * *]
38. Voting. - The manner of holding elections and of voting shall be such as may be prescribed:
Provided that -
(i) when a poll is taken at any election of a Councillor, the voting at such election shall be by ballot to be conducted in the manner prescribed, and
(ii) no person shall be entitled to give more than one vote to anyone candidate.
[39.* * * *]
39. Corrupt practices. - A person shall be deemed to have committed an offence of corrupt practice if he commits an act relating to a corrupt practice within the meaning of section 123 of the Representation of the People Act, 1950 (43 of 1950).
[40.* * * *]
40. Penal provision for corrupt practices. - Whoever commits an offence of corrupt practice shall be punishable with imprisonment of either description for a term which may extend to one year or with fine or with both.
[41.* * * *]
41. Prosecution and appeal. - (1) No Magistrate other than a Judicial Magistrate of the first class shall take cognizance of any offence under this Chapter. -
(a) except on the complaint of a person whose name is on the electoral roll:
(b) unless such complaint has been made within fourteen days of-
(i) the date of declaration of the result of any election to which the offence relates, or
(ii) the date on which the offence is alleged to have been committed: and
(c) in the case of an offence of corrupt practice, unless the person complaining shall have deposited one hundred rupees:
Provided that deposit
[42.* * * *]
42. Orders of disqualification. - Every person convicted of an offence under this Chapter or of an offence punishable under the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952 (West Ben. Act X of 1952), shall be disqualified from voting or from being elected in any election to which this Act applies and from holding the office of the Chairman or the Councillor under this Act for such period, not being less than three years or more than six years from the date of his conviction as the Court may by order determine.
[43.* * * *]
43. Election petition and procedure. - (1) If the validity of any election of a Councillor is called in question by any person qualified to vote at such election, such person may at any time within ten days immediately after the date of declaration of the result of the election, file a petition before the District Judge of the district within which the election has been or should have been held and shall, at the same time deposit two hundred rupees in the Court as security for the cost likely to be incurred:
Provided that the validity of such election shall not be called in question in any such petition-
(a) on the ground that the name of any person qualified to vote has been omitted from the electoral roll: or
(b) on the ground that t
[44.* * * *]
44. Setting aside of election. - If the District Judge, after holding such inquiry as he deems fit in respect of an election petition is satisfied that -
(a) a candidate has committed any corrupt practice within the meaning of this Chapter. or
(b) the result of the election has been materially affected by any act or omission in violation of the provisions of this Act or the rules made thereunder, or
(c) the result of the election has been vitiated by any offence punishable under the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952 (West Ben. Act X of 1952), he shall set aside the election of such candidate, if he has been elected and may, if the election is set aside for any cause which is the resul
[45.* * * *]
45. Scrutiny of votes and declaration or confirmation of result. - (1) If the election petition is confined to the question of validity of votes cast or counting the District Judge shall, after such scrutiny and computation of voters as may be deemed necessary declare the result.
(2) If there be only two candidates contesting the election in dispute and the election petition contains a claim by one of the candidates for declaring him elected the District Judge may while deciding upon the election petition declare such candidate duly elected.
(3) If after computation, there be an equality of votes among two or more candidates the District Judge shall select one among them by drawing lots.
(4) If the District Judge is satisfied that no gr
[46.* * * *]
46. Bar to Jurisdiction of Courts. - Save as provided in this Chapter no Court shall entertain any application in any form whatsoever for adjudication of any matter relating to election to a Municipality.
[47.* * * *]
47. Fresh election when an election is set aside. - If an election is set aside by the District Judge a date shall forthwith be fixed and necessary steps shall be taken for holding a fresh election for filling up the vacancy, as though it has been a casual vacancy.
[48.* * * *]
48. Saving of acts done by a Councillor before his election is set aside. - Where a candidate, who has been elected to be a Councillor, is declared by the District Judge to have not been duly elected no act done by him by virtue of the office of Councillor before such declaration, shall be invalidated by reason of such declaration.
[49.* * * *]
49. Power of State Government to remove disqualifications or modify terms thereof. - Notwithstanding anything contained elsewhere in this Chapter, the State Government may, for reasons to be recorded in writing, remove any disqualification imposed on a candidate from contesting an election to a Municipality If. In Its opinion, the offence does not involve moral turpitude, or may reduce the term of disqualification in any case whatsoever.’.
(1) Notwithstanding anything contained in the Indian Oaths Act, 1873 (10 of 1873), every person who is elected or appointed to be a Councillor shall, before taking his seat make and subscribe before 1 [the Chairman or the Vice-Chairman or the District Magistrate or the Magistrate-in-charge] of the subdivision in which the municipal area is situated or an officer of the State Government authorised in this behalf by the District Magistrate an oath or affirmation of his allegiance to the Constitution of India in the following form :
1. Substituted by section 9(a) of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995) for "the Chairman, the Vice-Chairman, the District Magistrate. the Magistrate-in-charge"
"I, A.B., having been l[elected] a Councillor of the municipal area of ..............
(1) The Chairman, the Vice-Chairman, and a member of the Chairman-in-Council shall assume office after taking the oath of secrecy in the following form :
"I. A.B., do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as Chairman/Vice-Chairman/a member of the Chairman-in-Council except as may be required for the due discharge of my duties as such Chairman-Vice-Chairman/member of the Chairman-in-Council."
(2) In the case of the Chairman, the oath of secrecy shall be administered by the District Magistrate or the Sub-divisional Magistrate in whose jurisdiction the Municipality is situated or an Officer of the State Government authorised in this behalf by the District Magistrate. I
The first meeting of the Board of Councillors after the general election of Councillors to the Municipality, shall be convened by the District Magistrate or any other Executive Magistrate authorised by the District Magistrate in this behalf for election of the Chairman under sub-section (1) of section 17, within thirty days from the date of publication of the names of elected members in the Official Gazette under section 71 of the West Bengal Municipal Elections Act, 1994 (West Ben. Act XXXIV of 1994). Seven days’ notice shall be given for the meeting.]
1. Section 50B inserted by section 9 of the West Bengal Municipal (Second Amendment) Act, 1994 (West Ben. Act XLV of 1994) (with effect from 10.10.1994).
(1) The Board of Councillors shall meet not less than once in every month for the transaction of business:
Provided that if there is no business to be transacted at any monthly meeting the Chairman shall give notice of the fact to the Councillors.
(2) The Chairman shall, upon a requisition in writing by not less than one-third of the members of the Board of Councillors convene a meeting of the Board.
(3) All matters required to be decided at a meeting shall be determined by the majority of votes of the Councillors present and voting.
(4) The State Government may by rules provide for such other matters relating to conduct of business of the Board of Councillors as are not provided in this Act.
(1) The quorum necessary for the transaction of business at any meeting of a Municipality under this Act shall be one-third of the total number of 2[Councillors] of the Municipality.
(2) If at any time during a meeting of the Municipality there is no quorum, it shall be the duty of the Chairman or the person presiding over such meeting either to adjourn the meeting or to suspend it till there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before such meeting if there had been a quorum, shall be brought before and may be transacted at, an adjourned meeting, whether there is a quorum or not.
(4) All matters required to be decided by the Municipality at a meeting shall save as otherwise provided in this Act, be determined by a
The Councillors of the municipal area including the members of the Chairman-in-Council may receive such remuneration or allowance as may be prescribed:
Provided that different rates may be prescribed for different groups of Municipalities and for different classes of functionaries in each Municipality.
(1) Save as otherwise provided in this Act a Municipality may have the following officers :
(a) an Executive Officer;
(b) a Health Officer;
(c) an Engineer;
(d) a Finance Officer;
(e) a Medical Officer;
(f) a Secretary;
(g) an Office Superintendent;
(h) one or more than one sub-Assistant Engineer;
(i) one or more than one Sanitary Inspector;
(j) a Head Clerk:
(k) a Head Assistant:
(l) an Accounta
1[(1) The State Government may constitute cadres for the State in respect of Executive Officers, Health Officers. Engineers and Finance Officers referred to in sub-section (1) of section 53.]
1. Sub-section (1) substituted by section 15(i) of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 2.9.2002). which was earlier as under:
"(1) The State Government may constitute a cadre at common municipal service for the State in respect of such officers of the municipal establishment referred to in Sub-section (1) of section 53 as may be determined by It from time to time.".
2[(2) The State Government shall be the appointing authority of all the officers borne in the cadres constituted under sub-section (1), and shall be the authority to transfer such offic
(1) The State Government may constitute a Municipal Service Commission consisting of a Chairman and two other members for selection of such personnel of municipal officers and employees as may be prescribed :
1[Provided that the Municipal Service Commission constituted under section 26 of the Kolkata Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980), shall by virtue of the provisions contained in the said section of the said Act, select such personnel for the Municipalities, Notified Area Authorities and the Industrial Townships constituted under this Act, as the State Government may, by notification determine.]
1. Proviso added by section 8 of the West Bengal Municipal (Amendment) Act, 2006 (West Ben. Act XXII of 2006) (with effect from 1.10.2006).
(2) The State Government may also
(1) The Municipal Vigilance Authority appointed under sub-section (1) of section 27A of the Kolkata Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980) (hereinafter referred to in this section as the said Act), shall, by virtue of sub-section (1) and sub-section (6) of section 27 A of the said Act, enquire into any complaint of corruption, misconduct, lack of integrity or any other kind of malpractice or mis-demeanour on part of any officer or other employee of a Municipality as and when required by the Board of Councillors concerned.]
2. Section 55A inserted by section 16 of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 2.9.2002).
(1) All officers and employees of a Municipality including the officers referred to in section 53 shall receive salaries and allowances out of the Municipal Fund:
Provided that the State Government may make such contribution towards the salaries and allowances as it may, from time to time, determine by an order.
(2) The Municipality may also provide for pension, gratuity, provident fund, incentive, bonus, reward or penalty for its officers and employees in accordance with such rules. norms, scales and conditions as may be prescribed.
All officers and employees of the Municipality shall be subject to such conditions of service including leave and other benefits or obligations, not specifically provided for in this Act, as may be prescribed.
(1) Notwithstanding anything contained in this Chapter or elsewhere in this Act or in any rules made thereunder, a municipal officer or other employee shall retire from service compulsorily with effect from the afternoon of 1[the last day of the month in which] he attains the age of sixty years.
(2) No municipal officer or other employee shall be re-employed after retirement in any post without the prior sanction of the State Government.
1. Substituted by section 11 of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995) for "the date on which".
Notwithstanding anything to the contrary contained in any other jaw for the time being in force, the Board of Councillors may, with the sanction of the State Government, declare any cadre or class of municipal employees to be in essential service and upon such declaration, no employee of such cadre or class shall withdraw from his duties without the permission of the Chairman and, in no case, without giving prior notice of clear thirty days to the Chairman of his intention so to do.
Notwithstanding anything contained elsewhere in this Act, the State Government may appoint an officer of that Government possessing such qualifications as may be determined by it for a Municipality or group of Municipalities as Executive Officer, Health Officer, Engineer or Finance Officer referred to in sub-section (1) of section 53 or with such designation as the State Government may consider necessary, in such manner, and on such terms and conditions of service, as may be determined by the State Government in this behalf. The expenditure on account of salaries and allowances of any such officer shall be borne by the State Government:
Provided that the officer so appointed shall be under the administrative control of the Board of Councillors of the Municipality and may be withdrawn by the State Government suo motu or if a resolution to that effect is passed by the Councillors at
(1) The Executive Officer shall be the principal Executive Officer of the Municipality and all officers and other employees of the Municipality shall be subordinate to him. 2[He shall be present at a meeting of the Councillors or of any committee] to make a statement or to explain facts, but he shall not vote for or against, or make, any proposition at such meeting.
(2) Subject to the supervision and control of the Chairman. 3[the Executive Officer shall exercise such powers and perform such functions 4[as may be prescribed.]]
5[(3) Subject to the supervision and control of the Chairman the Finance Officer shall, exercise such powers and perform such functions 6[as may be prescribed.]
7[(4) In the case of absence of the Executive Officer or the Finance Officer, for any reason, the powers of
(1) The Chairman shall be the executive head of the municipal administration and shall exercise control over all officers and employees in the matter of discipline.
(2) The Chairman may delegate his power to any other member of the Chairman-in-Council or an officer of the Municipality in such manner as he may specify by an order.
(3) The punishment for breach of discipline may include dismissal from service. reduction in rank, withholding of increment, suspension including suspension pending proceedings, fine and censor.
1[(4) In all disciplinary matters involving dismissal from service and reduction in rank, an appeal shall lie before the Board of Councillors which shall be the appellate authority.
(4A) No disciplinary action snail be taken by a Mu
Notwithstanding anything contained elsewhere in this Act, the State Government may, if it considers necessary for the purpose of rationalising the scale of pay and other terms and conditions of service including leave and retirement benefits in respect of all or any category of municipal officers and employees, appoint a Pay Review Committee, and the decision of the State Government upon the recommendations of such Committee shall be binding on all.
It shall be the obligatory duty of every Municipality to make reasonable and adequate provision for the following matters within the territorial limits of the municipal area and the financial means at its disposal : (1) in the sphere of public works,-
(a) providing by itself or by an agency, means for supply of water for public and private purposes:
(b) construction, maintenance and cleansing of sewers and drains, sewerage and drainage works;
(c) construction, maintenance and cleansing of public latrines, urinals and similar conveniences;
(d) construction, maintenance, alteration and improvement of public streets and street furniture, bridges and culverts, flyovers, subways, cause-ways and the like;
(e) n
A Municipality may at its discretion. Provide, either wholly or partly, out of the municipal property and fund for the following matters within the limits of the municipal area :-
(1) in the sphere of public works,-
(a) giving relief to and establishing and maintaining in time of 1[famine flood or earthquake.] relief works for, destitute persons within the limits of the municipal area;
1. Substituted by section 16 of the West Bengal Municipal (Second Amendment) Act, 1994 (West Ben. Act XLV of 1994) (with effect from 10.10.1994) for "famine or scarcity.".
(b) construction or maintenance of, or providing or giving aids for, passengers’ sheds, libraries, museums, community halls, offices, godowns, shops, markets. dharmashalas, rest houses, sports comp
(1) The Board of Councillors shall publish a Citizens’ Charter containing the,-
(a) time limits within which civic services shall be provided and the licenses certificates, under the provisions of this Act, shall be issued and the permissions, sanctions shall be granted, subject to the maximum time limit as determined in this Act, if any; and
(b) the civic services to be provided by the Municipality to the citizens.
Explanation. - For the purposes of this sub-section "civic services" shall include roads and streets, open spaces, parks, recreational grounds, play-grounds, water and electric supply, street lighting, sewerage, drainage and other utilities services and conveniences.
(2) The preparation and publication of Citizens’ Charter shall be done
(1) Every Municipality shall publish,-
(a) the audited Financial Statements and Cash Flow Statement on a half yearly basis, within two months from the end of the second and fourth quarter of a year;
(b) financial statements for the full financial year, within three months from the date of completion of audit; and
2. Section 64B inserted by section 3 of the West Bengal Municipal (Amendment) Act, 2009 (West Ben. Act III of 2009) (with effect from 1.6.2009).
(c) such other documents relating to development programmes of the Municipality as may be prescribed.
(2) The manner of publication under sub-section (1) shall be such as may be prescribed.]
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force the State Government may. subject to such conditions as it may think fit to impose transfer by an order, published in the Official Gazette to a Municipality any such functions and duties relating to Government under any law which the State Legislature is competent to enact, or which is otherwise within the executive power of the State, and appear to relate to matters arising within a municipal area being of an administrative character, and shall, on such transfer, allot to the Municipality such fund and personal as may be necessary to enable the Municipality to discharge the functions and duties so transferred.
(2) Without prejudice to the generality of the provisions of sub-section (1), the State Government may transfer to the Municipality such functions and duties as are performed b
Notwithstanding anything contained in this Act or in any other law for the time being in force, the Municipality may if it is of opinion that it is necessary. so to do in the public interest, 1[transfer by contract or otherwise,] with the prior approval of the State Government, any function or functions of the Municipality under this Act 2[to any individual or organisation,] including a Government organisation, in such manner, and on such terms and conditions, 3[as may be determined by the Board of Councillors and approved by the State Government :]
4[Provided that such transfer of function or functions of the Municipality to such organisation shall not absolve the Municipality from the responsibility of carrying out the provisions of this Act in relation to the function or functions so transferred.]
Explanation. - "Government organisa
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Board of Councillors may, with the prior approval of the State Government. enter into any business alone, or a Joint Venture, or Partnership Business with any individual or organisation, on such terms and conditions as may be decided by the Board of Councillors and agreed to by the partner or partners of such Joint Venture or Partnership Business after being approved by the State Government.
(2) The Municipality may, with the prior approval of the State Government invest the Municipal Properties, under section 75, in the Joint Venture or Partnership Business mentioned in sub-section (1).
(3) For financial investment from the Municipal Fund, either in any business proposed to be done by the Municipality alone or in the Joint Venture or
There shall be constituted for each Municipality a fund to be called Municipal Fund to be held by the Board of Councillors in trust for the purposes of this Act, and all moneys realised or realisable under this Act and all moneys otherwise received by the Municipality shall be credited thereto.
All moneys received on account of the Municipal Fund shall be paid into a Government treasury or into any bank in the municipal area, and shall be credited to an account to be called the account of the Municipality to which they belong:
Provided that the Chairman-in-Council may invest moneys not required for immediate use, either in Government securities or in any other form of security which may be approved by the State Government or in fixed deposit in the State Bank of India or in any nationalised bank or State Co-operative Bank, or in any other form as the State Government may direct.
1[Explanation. - "State Co-operative Bank" shall mean the West Bengal State Co-operative Bank Limited, and shall include any Co-operative Bank affiliated to the West Bengal State Co-operative Bank Limited.]
1. Explanation added by section 14 of the W
(1) All 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 law for the time being in force.
(2) No payment of any sum shall normally be made out of the Municipal Fund unless such expenditure is covered by a current budget grant and a sufficient balance of such budget grant is available for the purpose.
(3) Whenever any sum is paid for the purposes not covered by the budget grant, the matter shall forthwith be communicated to the Chairman-in-Council who shall 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.
Notwithstanding anything contained elsewhere in this Act, the State Government may require a Municipality to earmark a particular portion of the Municipal Fund or a particular grant or a part thereof, or any item of receipt under any head or any percentage thereof, or any share of tax receivable by the Municipality under any other law for the time being in force or any part thereof, to be utilised exclusively for any specified purpose, and it shall be mandatory on the part of the Municipality to follow the same. The State Government may also formulate separate sets of rules for observance by different groups of municipalities in this regard.
(1) The Municipality shall create a separate fund called "Basic Services for Urban Poor Fund" for delivery of basic service to the urban poor within their respective jurisdiction including the inhabitants of the slum areas.
(2) A minimum of twenty-five per cent of the funds within the budget of the Municipality shall be earmarked and used for providing basic services to the urban poor, including inhabitants of slum areas on a yearly basis. The allocation to the fund shall be made from all or any of the following municipal budgetary resources :-
(a) own source of revenue, e.g. taxes, fees, charges and rent;
(b) assigned revenues;
(c) allocations from the Central Finance Commission and the State Finance Commission or other inter-Governmental transfers
(1) The allocation of the funds created under section 70A and its utilization or providing basic services to the urban poor including the inhabitants of slum areas should be detailed and enclosed with annual budget of the Municipality alongwith the corresponding figures for the previous year for the purpose.
(2) The fund shall be in the nature of a non-lapsable fund. In the event of the annual allocations not fully utilized, the balance funds should not be transferred to the municipal fund but carried forward for utilization in the subsequent years. The fund allocation in the subsequent years shall be considered in addition, and shall not be reduced by the unspent funds of the previous year.
(1) A separate Bank Account shall be opened with a Nationalized Bank called "Basic Service for Urban Poor Fund" account wherein funds earmarked under section 70A shall be periodically deposited ensuring that the yearly allocation is equal to the allocation as in the municipal budget.
(2) For keeping of accounts of the fund created under section 70A, the Municipality shall maintain separate primary books of accounts with detailed accounting heads in the line with the provisions of the rules made under this Act in line with the National Municipal Accounts Manual for operation of special fund accounts.]
(1) The State Government, may, from time to time, give grants or financial assistance to a Municipality with or without direction as to the manner in which the sum shall be applied.
(2) The State Government may also lay down a pattern for distribution of such grants or assistance which may include the conditions of release of grants and classification of Municipalities for the purpose.
1[(3) The State Government shall give grants to a Municipality or Notified Area Authority for implementation in full or in part of any scheme included in the Annual Development Plan.]
1. Sub-section (3) inserted by section 8 of the West Bengal Municipal (Amendment) Act, 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998).
(1) Subject to the provisions of the Local Authorities Loans Act, 1914 (9 of 1914), the Municipality may, with the prior permission of the State Government, obtain loan from any public financial institution or any nationalised bank or such other lending institution as the State Government may approve in this behalf, and the State Government may, if it considers so necessary, stand as the guarantor for payment.
(2) The State Government may advance from the public funds or stand as guarantor for funds from any financial institution on the security of the Municipal Fund and, in the case of a joint scheme, on the security of the Municipal Fund and the fund of other local authorities, if any, to provide for the cost of installation or maintenance relating to any project or scheme for civic services and such advance shall be recoverable under the Local Authorities Loans Act, 1914 (9 of 1
Notwithstanding anything contained elsewhere in this Chapter, the Board of Councillors may, with the approval of the State Government, authorise expenditure to be incurred beyond the limits of a municipal area for creation of physical assets outside the limits of such municipal area as well as for maintenance thereof for carrying out the purposes of this Act.
No expenditure for any work or for purchase of any materials, as may be necessary for the purpose of this Act, shall be made by the Chairman, if the estimated cost of such work or purchase of such materials exceeds rupees twenty-five thousand, by the Chairman-in-Council, if cost of such work or purchase of such materials exceeds rupees one lakh fifty thousand, and by the Board of Councillors if cost of such work or purchase of such materials exceeds rupees twenty-five lakh :
Provided that where the estimated cost of such work or purchase of such materials exceeds rupees twenty-five lakh, approval of the State Government shall be obtained.
1. Section 73A substituted by section 4 of the West Bengal Municipal (Amendment) Act, 2009 (West Ben. Act 111 of 2009) (with effect from 1.6.2009), which was earlier inserted by section 9 of the West Be
The Board of Councillors shall, for the purposes of this Act, have power to acquire, by gift, purchase or otherwise, and hold, movable and immovable property or any interest therein, whether within or outside the limits of the municipal area.
Notwithstanding anything contained in any other law for the time being in force, the movable and immovable properties of the following categories within the limits of a municipal area shall vest in the Municipality, unless the State Government otherwise directs by a notification in the Official Gazette :-
(a) all vested public lands not belonging to any Government department or statutory body or corporation;
(b) all public tanks, streams, reservoirs, and. wells;
(c) all public markets and slaughter houses;
(d) all public sewers and drains, channels, tunnels, culverts and water courses in, alongside, or under, any street;
(e) all public streets and pavements, stones and other materials thereof, and also tr
(1) The Board of Councillors may, on such terms and conditions as may be approved by it, acquire by agreement -
(a) any immovable property,
(b) any easement affecting immovable property.
(2) The Board of Councillors may also acquire a property by exchange on such terms and conditions as may be approved by it.
(3) The Board of Councillors may also hire or take on lease immovable property on such terms and conditions as may be approved by it from time to time.
(4) The Board of Councillors may receive, on behalf of the Municipality, any grant or dedication by donor, whether in the form of any income or any movable or immovable property, by which any obligatory or discretionary function of the Municipality m
(1) When any land, whether within or outside the limits of a municipal area, or any easement affecting any immovable property vested in the Municipality, is required for any public purpose under this Act, the State Government may, at the request of the Board of Councillors, proceed to acquire it under the Land Acquisition Act, 1894 (1 of 1894) 1[* * *].
1. The words, figures and brackets", or to proceed under the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Ben, Act II of 1948), or any other law for the time being in force" omitted by section 15 (a) of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994),
(2) The Board of Councillors shall be bound to pay to the State Government the cost including all charges in connection with the acquisition of the land under the L
3[78. * * *]
3. Section 78 omitted by section 16 of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994), which was as under:
"78. Power of Chairman to act as Collector for acquisition. - Notwithstanding anything contained in the. West Bengal Land (Requisition and Acquisition) Act, 1948, the Chairman may be appointed by the State Government to perform the functions of the Collector under the said Act and, on such appointment, the Chairman may exercise all the powers of a Collector under the said Act.".
Whenever the Board of Councillors makes a request 4[to the State Government] for acquisition of land for the purpose of providing a new street or for widening or improving an existing street, it shall be lawful for the Board of Councillors to apply 1[to the State Government] for the acquisition of such additional land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of building to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this Act.
4. Inserted by section 17(a), ibid (with effect from 13.7.1994).
1. Inserted by section 17(b) of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994).
The property belonging to a Municipality may be disposed of in the manner provided in this section, namely(a) the Chairman-in-Council 2[may sell, or grant lease of, or otherwise dispose of, by public auction, any movable property] belonging to the Municipality;
2. Substituted by section 15(a)(i) of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995) for "may, in its discretion, dispose of, by sale, lease or otherwise, any movable property".
3[* * *]
3. Proviso omitted by section 15(a)(ii), ibid (with effect from 5.9.1995), which was as under :
"Provided that the State Government may by rules prescribe the value which, if it increases during the process of sale, shall require the prior sanction of
(1) The Chairman-in-Council shall maintain an inventory of the movable and immovable properties of the Municipality in such form and in such manner as may be prescribed.
(2) The Chairman-in-Council shall, in the case of the inventory of an immovable property, prepare an annual statement along with references therein and place the same before the Board of Councillors.
(3) Such statement shall be included as an appendix to the annual administration report of the Municipality.
(1) The budget estimate of a Municipality for a year shall be prepared in the prescribed form and presented before the Board of Councillors at a meeting, specially convened for the purpose, not later than the tenth day of March every year:
Provided that no deficit shall be shown in the budget estimate so prepared.
(2) The budget estimate for the ensuing year shall be adopted after discussion by the Board of Councillors within two weeks of presentation.
(3) A copy of the budget estimate adopted by the Board of Councillors shall be sent to the Director of Local Bodies for information and shall be available for inspection by the members of the public in the manner prescribed.
(4) A revised budget for the current year shall be framed in the prescribed f
(1) The Board of Councillors may, on the recommendation of the Chairman-in-Council, from time to time during the year,-
(a) increase or reduce the amount of any budget grant under any head;
(b) make additional provision in the budget to meet any special or unforeseen requirement arising during the same year;
(c) transfer any amount or a portion of any amount of the budget grant under any head to the account of the budget grant under any other head.
(2) Every addition or alteration made in the budget grant under sub-section (1) for any year shall be deemed to be included in the budget estimate finally adopted for that year.
2[(1) Within six months of the close of a year, a financial statement for the preceding year in respect of a Municipality shall be prepared in the form and manner prescribed, and presented before a meeting of the Board of Councillors. Financial statement shall consist of a Balance Sheet of the sources and application of funds, Income and Expenditure Account disclosing the surplus (excess of income over expenditure) or deficit (excess of expenditure over income) for the financial year, Receipts and Payments Account (showing the head-wise receipts and payments for the year alongwith balances of cash in hand, cash at bank and cash at treasury) and a Cash Flow Statement (showing the receipts and payments of cash as per three distinct categories of operating, investing and financing activities). Every such statement shall give a true and correct view of the state of affairs of the Municipality.]
&
4[85. * * * *]
4. Section 85 omitted by section 11, ibid (with effect from 1.10.2006), which was as under:
"85. Balance-sheet. - (1) Every Municipality shall cause to be prepared annually a balance-sheet of assets and liabilities in the prescribed form within six months of the close of a year.
(2) The balance-sheet shall be placed before a meeting of the Board of Councillors.
(3) A copy of the balance-sheet shall be given to the Director of Local Bodies.
(4) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, on the prayer of a Municipality, extend the date of preparation and presentation of the balance-sheet of a Municipality for reasons to be recorde
(1) The municipal accounts as contained in the annual financial statement shall be examined and audited by an Auditor appointed in that behalf by the State Government.
(2) The Chairman-in-Council shall submit such further accounts to the Auditor as may be required by him.
(3) The Auditor so appointed may-
(a) require, by written notice, the production before him or before any officer subordinate to him of any document which he considers necessary for the proper conduct of the audit, (b) require, by written notice, any person accountable for, or having the custody or control of, any document, cash or article to appear in person before him or before any officer subordinate to him,
(c) require any person so appearing before him to make or sign a decla
(1) As soon as practicable after the completion of the audit, but not later than three months thereafter, the Auditor shall prepare the report on the accounts audited and examined, and shall send such report to the Chairman and a copy thereof to the Director of Local Bodies 1[and the State Government].
1. Substituted by section 2 of the West Bengal Municipal (Amendment) Act, 2011 (West Ben. Act VI of 2011) (with effect from 30.8.2011) for "or such other officers as the State Government may direct".
(2) The Auditor shall include in his report a statement showing -
(a) every payment which appears to him to be contrary to law,
(b) account of any deficiency 1[or defalcation] or loss which appears to have been caused by the gross negligence or miscondu
(1) The Chairman-in-Council shall forthwith remedy any defect or irregularity that may be pointed out by the Auditor in his audit report and shall report to the Director of Local Bodies or such other officer as the State Government may direct:
Provided that if there is a difference of opinion between the Chairman-in-Council and the Auditor, the matter may be referred to the Board of Councillors and, if the difference still persists, to the Director of Local Bodies or to such other officer as the State Government may direct.
(2) The State Government may pass such order upon the audit report as it thinks fit for compliance by the Municipality.
If any order made by the State Government under this Chapter is not complied with, it shall be lawful for the State Government to take such step as it thinks fit to secure the compliance of the order and direct that all expenses therefor shall be defrayed from the Municipal Fund.
In addition to the audit of annual accounts, the State Government may, if it thinks fit, appoint an Auditor to conduct special audit pertaining to a specified item or series of items requiring thorough examination, and the procedure relating to audit shall also apply mutatis mutandis to such special audit.
The audit reports of the municipalities alongwith the action taken reports for every year shall, as soon as may be after they are received by the State Government, be laid before the State Legislature.]
2. Section 90A inserted by section 3 of the West Bengal Municipal (Amendment) Act, 2011 (West Ben. Act VI of 2011) (with effect from 30.8.2011).
The State Government may by rules provide for internal audit of the day to day accounts of a Municipality in such manner as it thinks fit.
(1) The Board of Councillors shall, at its first meeting in each year, or in its next meeting, which shall be held within a period of thirty days from the date of its first meeting in that year, constitute a Municipal Accounts Committee.
(2) The manner of constitution and the functions of the Municipal Accounts Committee shall be such as may be prescribed.]
1. Section 92 substituted by section 12 of the West Bengal Municipal (Amendment) Act, 2006 (West Ben. Act XXII of 2006) (with effect from 1.10.2006), which was earlier as under:
"92. Municipal Accounts Committee. - (1) The Board of Councillors shall, at its first meeting in each year or in its next meeting which shall be held within a period of thirty days from the date of its first meeting in that year constitute a Municipal Accounts Commi
(1) The Board of Councillors shall, for the purposes of this Act, have the power to levy the following taxes :
(a) a property tax on lands and buildings,
(b) a tax on advertisements, other than advertisements published in the newspapers,
(c) a tax on cart,
(d) a tax on carriage,
1[(e) toll on -
(i) ferry,
(ii) bridge, and
2[(iii) heavy truck which shall be a heavy goods vehicle, within the meaning of clause (16) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988), plying on a public street.]]
1. Clause (e) substitut
(1) The Board of Councillors may levy a fee per head or per vehicle for providing municipal services in connection with any congregation of whatever nature, including pilgrimage, fair, festival, circus or yatra, within a municipal area for persons or vehicles assembling within the municipal area for the purpose.
(2) The fee for the purpose of sub-section (1) shall be such as may be determined by the Board of Councillors from time to time which shall not exceed rupees two per person and rupees ten per vehicle besides the levy on passengers therein.
(3) The Board of Councillors may frame regulations specifying the occasions on which such levy may be imposed as well as the rate of levy, the mode of collection and other matters incidental thereto.
(1) The Board of Councillors may levy a fee per head or per vehicle for providing municipal services for persons or vehicles visiting a municipal area for the purpose of sight-seeing:
Provided that such fee shall not be levied for persons or vehicles passing through the municipal area.
(2) The fee for the purpose of sub-section (1) shall be such as may be determined by the Board of Councillors from time to time and shall not exceed rupees three per person and rupees fifty per vehicle besides the levy on passengers therein.
(3) The Board of Councillors may make regulations specifying the rate of such fee, the mode of collection thereof and other matters incidental thereto.]
1. Section 94A inserted by section 17 of the West Bengal Municipal (Amendmen
(1) The Board of Councillors may, from time to time, levy fee for licenses issued or permissions granted under the provisions of this Act and may also impose charges for any specific services rendered in pursuance of the provisions of this Act.
(2) The State Government may, from time to time, prescribe the scale at which such fees may be levied or charges imposed.
2[(3) Notwithstanding the repeal of the Bengal Municipal Act, 1932 (Ben. Act V of 1932), under sub-section (1) of section 441, the fees which could have been levied and the charges which could have been imposed under the Bengal Municipal Act, 1932, shall continue to be levied and imposed at the rate in force immediately before such repeal until the scale of such fees and charges are prescribed under sub-section (2) of this section.]
(1) The Board of Councillors may levy toll on heavy trucks 2[ * * * ] referred to in sub-clause (iii) of clause (e) of sub-section (1) of section 93, plying on a public street.
(2) The rate of toll for the purposes of sub-section (1) shall be such as may be determined by the Board of Councillors from time to time.
(3) The Board of Councillors may make regulations specifying the rate of such toll the mode of collection thereof and other matters incidental thereto.
1. Sections 95A and 95B inserted by section 11 of the West Bengal Municipal. (Amendment) Act, 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998).
2. The words "and buses" omitted by section 5 of the West Bengal Municipal (Amendment) Act, 2003 (West Ben. Act XIII of 2003) (with
(1) The Board of Councillors may levy a special conservancy charge 3[ * * * ] for providing municipal services in connection with removal of solid wastes.
(2) The charge for the purpose of sub-section (1) shall be such as may be determined by the Board of Councillors from time to time.
(3) The Board of Councillors may frame regulations specifying the occasions on which such charge may be imposed as well as the rate of charge the mode of collection and other matters incidental thereto.]
3. The words "on the commercial and industrial establishments" omitted by section 6, ibid (with effect from 1.10.2003).
(1) For the purpose of this Act, a property tax on the annual value of lands and buildings as determined under this Chapter, shall be imposed by the Municipality.
(2) Such property tax shall be determined as follows :
(a) where the annual value of lands and buildings does not exceed nine hundred and ninety-nine rupees, the property tax shall be determined in accordance with the following formula :-
(annual value + 10) per cent of the annual value;
100 .
(b) where the annual value of lands and buildings exceeds nine hundred and ninety-nine rupees, the tax shall be determined in accordance with the following formula :-
(annual value ) + 20 per cent of the annual
A surcharge at such rate not less than 20 per cent and not exceeding 50 per cent of the total amount of the property tax imposed on a holding shall be levied if such holding is used wholly or in part for commercial, industrial or such other non-residential purposes as the Board of Councillors may, from time to time decide and the rate of surcharge shall form part of the property tax for the purpose of recovery.
1[98. * * * ]
1. Section 98 omitted section 20 of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 2.9.2002), which was as under:
"98. Rebate for residential building. - Where a holding is used by the owner exclusively for his own residential purposes, a rebate, not exceeding 20 per cent of the property tax as determined under this Chapter, may be allowed by the Board of Councillors: Provided that the Board of Councillors may cause classification of building according to year of construction for the purpose of granting varying rates of rebate.".
The State Government may by order exempt any diplomatic or consular mission of a foreign State and the diplomatic and consular officers of such mission from the payment of any rate, tax, toll or fee payable under the provisions of this Act.
Notwithstanding anything contained in this Chapter, lands and buildings, which are the properties of the Union, shall be exempted from the property tax:
Provided that nothing in this section shall prevent the Board of Councillors from levying on such lands and buildings a property tax to which, immediately before the commencement of this Act, they were, or were treated as, liable:
Provided further that the Board of Councillors may levy a service charge on such buildings on the basis of 2[the annual value] at such rate as may be determined by the Central Government from time to time.
2. Substituted by section 19 of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995) for "such annual value and".
Notwithstanding anything contained in the foregoing provisions of this Chapter, the Board of Councillors may, by a resolution exempt 25 per cent of the property tax in respect of any holding belonging to an ex-serviceman, or family of a deceased soldier, who has no other land or building in any part of the State of West Bengal and who is residing in that holding.]
1. Section 100A inserted by section 12 of the West Bengal Municipal (Amendment) Act,
1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998).
Notwithstanding anything contained in the foregoing provisions of this Chapter,-
(a) lands or buildings or portions thereof exclusively used for the purpose of public worship, or
(b) lands or buildings exclusively used for the public burial or as burning ground, or any other place used for the disposal of the dead duly registered under this Act, or
(c) open spaces, including parade grounds, which are the 2[properties of Government, or]
2. Substituted by section 16(1) of the West Bengal Municipal (Amendment) Act, 2000 (West Ben. Act XXII of 2000) (with effect from 1.9.2000) for "properties of Government.".
3[(d) social welfare homes run by 4[the State Government, or]] 5[(e) any Government, or Government
The Chairman-in-Council may exempt from property tax, either wholly or in part, any holding which is exclusively used with the approval of the Chairman-in-Council for public charity or philanthropic purposes or for the purpose of medical relief to, or education of, the poor, free of charge.
The State Government may, for reasons to be recorded in writing, by an order, exempt any premises, in which any closed industry, or sick industry which is so certified by the Department of Industrial Reconstruction, Government of West Bengal, is located from payment of property tax.
1. Sections 102A and 102B inserted by section 13 of the West Bengal Municipal (Amendment) Act, 2006 (West Ben. Act XXII of 2006) (with effect from 1.10.2006).
(1) The Chairman-in-Council may, with the prior approval of the State Government, exempt from payment of a portion of the property tax not exceeding fifty per cent of the actual gross amount of property tax on any land or building, at least fifty per cent area of which is exclusively used for Information Technology Industry or Information Technology Enabled Services:
Provided that such exemption shall be allowed only for the first six years from the quarter following the date of approval of the State Government.
Explanation I. - For the purpose of this section Information Technology Industry means the industry exclusively engaged in software programming and software development.
Explanation II - Information Technology Enabled Services is that sector of Information Technology Industry, which ai
Whenever from the circumstances of the case, levy of property tax on any holding in a municipal area amounts to excessive hardship to the person liable to pay the same, the Board of Councillors may reduce the amount payable on account of such holding, or may realise the sum by instalments :
Provided that such reduction or remission shall not, unless renewed by the Board of Councillors have effect for more than one year.
Where any building has remained vacant or unproductive of rent for ninety or more consecutive days, the Board of Councillors may, upon an application in writing from the owner, remit or refund one-half of the amount of tax due for the period of such vacancy.
The Board of Councillors may exempt from property tax any holding, the annual valuation of which does not exceed 2[five hundred rupees.]
1. Section 105 substituted by section 17 of the West Bengal Municipal (Amendment) Act, 2000 (West Ben. Act XXII of 2000) (with effect from 1.9.2000), which was earlier as under:
"105. Exemption of holding of low valuation. - The Board of Councillors may exempt from property tax any holding the annual valuation of which does not exceed two hundred rupees :
Provided that where a person owns or occupies more than one holding the aggregate annual value of which exceeds two hundred rupees, such holding shall not be exempted from property tax."
2. Substituted by section 22 of the West Bengal Municipal (Amendment) Act, 2
(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 of the property tax, the annual value of a holding comprising 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 3[***] for the cost of repairs and other expenses necessary to maintain such land or building in a state to command such gross rent.
3. The words "of such annual value" omitted by section 20(a) of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995).
4[(1A) The procedure for determination of gross
(1) Where any holding is exempt from property tax, the annual valuation thereof shall be determined in accordance with the provisions of this Chapter.
(2) Where any land is exempt from the property tax under this Chapter, the annual value of any building erected on such land, not entitled to any exemption from the property tax, Shall be determined separately from the land in accordance with the provisions of this Chapter.
(1) Every building together with the site and the land appurtenant thereto comprised in a holding shall be assessed as a single unit:
Provided that where portions of any building together with the site of 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 separate portions is made through a common passage or a common staircase, such separately owned portions may be assessed separately:
Provided further that the right of such access is protected by a registered deed of agreement.
(2) All lands or buildings, to the extent these are contiguous or are within the same curtilage or are on the same foundation and are owned by the same owner or co-owners as undiv
(1) The annual value of a holding comprising land or building situate in a municipal area has been determined before and is in force on the date of the commencement of this Act shall remain in force until a fresh valuation list is enforced under this Act.
(2) The Chairman-in-Council shall cause a general valuation of all the holdings in a municipal area in accordance with the provisions of this Chapter as soon as possible after the constitution of a new municipal area and at periodic intervals in the case of all other municipal areas, so as to ensure that there is a revision of annual valuation of all municipal holdings at the termination of successive period of 1 [five years :]
1. Substituted by section 7(a) of the West Bengal Municipal (Amendment) Act, 2003 (West Ben. Act XIII of 2003) (with effect from 1.10.2003) for "six years :".
(1) The general valuation of holding under this Chapter shall be made, unless otherwise directed by the State Government, under the West Bengal Valuation Board Act, 1978 (West Ben. Act LVII of 1978), and the preparation of valuation list, amount of property tax determined under section 96 on the basis of such valuation list, and disposal of applications for hearing objections shall abide by the provisions of that Act.
(2) The valuation list prepared under sub-section (1) shall be notified by the State Government as the assessment list of the Municipality. The assessment list shall remain valid for a period of five years with effect from the day succeeding the date on which the term of last preceding assessment list expires:
Provided that if for any reason it is not possible to complete the work of a general valuation within the period be
(1) Any owner or person liable to pay property tax may, if dissatisfied with the determination of objection, filed by him under section 9A of the West Bengal Valuation Board Act, 1978 (West Ben. Act LVII of 1978) prefer an appeal in writing to the Competent Authority under this section within sixty days from the date of issuance of notice under section 11 of the West Bengal Valuation Board Act, 1978 :
Provided that if any owner or person liable to pay property tax presents appeal after expiry of the said sixty days, the Municipality shall forward the appeal to the Competent Authority concerned immediately and the Competent Authority, after considering the reasons of delay may condone such delay in respect of such appeal.
(2) No appeal under this section shall be entertained unless the property tax in respect of any land or building upto
1[112. * * * *]
1. Section 112 omitted by section 8 of the West Bengal Municipal (Amendment) Act. 2007 (West Ben. Act III of 2009) (with effect from 1.6.2009), which was as under:
"112. Hearing and determination of application by Review Committee. - (1) Every application presented under sub-section (4) of section 111 shall be heard and determined by a Review Committee:
Provided that where the Review Committee reduces the valuation of any land or building, such reduction shall not be more than twenty-five per centum of the annual valuation of such land or building except in the case of gross arithmetical or technical mistake, and the Review Committee shall, in every such case, record in writing the reasons for such reduction.
(2) Every Review Committ
(1) Notwithstanding anything contained in this Chapter or in any other law for the time being in force, the Board of Councillors may, for reasons to be recorded in writing, at any time direct alteration and amendment of the assessment list in any of the following cases :-
(a) when the ownership of holding changes; or
(b) when any tenancy or any rent in respect of the holding changes; or
(c) when the nature of use of the holding changes; or
(d) when the land and building comprised in the holding has been re-developed or substantially altered or improved during the period the annual valuation remains in force; or
(e) when the value of the land and building comprised in the holding has been substantially
(1) When a new building has been constructed or a new holding has been created by mutation l[or by transfer or upon the inclusion by any local area within the municipal area] or otherwise during the period an assessment list remains in force, the Chairman-in-Council may, at any time, cause the annual valuation of such holding and make assessment thereon in accordance with the provisions of this Act.
1. Substituted by section 24 of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995) for", transfer".
(2) Before finalising the valuation and assessment of the holding as aforesaid, the Chairman-in-Council shall give the owner or the occupier of such holding an opportunity to prefer, within a specified time, an objection, if any, to the proposed valuation which shall be heard and determined
(1) The Chairman may, with a view to determining the annual value of any holding and the person primarily liable for the payment of tax on such holding, by a written notice, require the owner or the occupier of the land or the building comprised in such holding or portion thereof, to furnish a return in such form, within such period and in accordance with such procedure as may be prescribed.
(2) Every owner or occupier on whom any notice is served under sub-section (1), shall be bound to comply with such notice and to furnish a return with a declaration that the statement made therein is correct to the best of his knowledge and belief.
(3) The Chairman or any person subordinate to him and authorised by him in writing in this behalf may, without giving any previous notice to the owner or the occupier of any land or building, enter upon, a
(1) Notwithstanding anything to the contrary contained elsewhere in this Act, any owner or person liable to pay property tax on-
(a) any existing building which has been assessed earlier. or
(b) any new building or existing building which has not been assessed. or
(c) any existing building which has been redeveloped or substantially altered or improved after the last assessment, but has not been subject to revision of assessment consequent upon such redevelopment or alteration or improvement, as the case may be, or
(d) any existing building or new building referred to in clause (a) or clause (b), the bills in respect of which have not been issued.
shall pay such amount or property tax together with int
(1) Whenever the title of any person to any land or building is transferred, such person, if primarily liable for the payment of property tax on such land or building, and the person to whom the title is so transferred, shall, within three months 1 [of the registration of the instrument,] give notice of such transfer in writing to the Chairman.
1. Substituted by section 13(1) of the West Bengal Municipal (Amendment) Act, 1997 (West Ben. Act, XXXII of 1997) (with effect from 18.3.1998) for "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 as the case may be.".
(2) On the death of any person primarily liable for the payment of property tax as aforesaid, the person on whom the title of the land or the building referred to in sub-
(1) The Board of Councillors shall levy a surcharge on the transfer of immovable property situated within the municipal area, in the form of additional stamp duty.
(2) The rate of the surcharge, and the manner of -
(a) collection of the surcharge,
(b) payment of the surcharge of the Municipality, 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.]
1. Section 117 substituted by section 14 of the West Bengal Municipal (Amendment) Act, 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998), which was earlier as under:
"117. Certificate of approval for
Every person engaged or intending to be engaged in any profession, trade or calling in a municipal area as specified in Schedule I. either by himself or by an agent or representative, shall obtain a certificate of enlistment or get the same renewed annually, as the case may be, from the Executive Officer of the Municipality or, in his absence, from the officer authorised to function as the Executive Officer upon presentation of an application together with such application fee, 2[not exceeding rupees one thousand and five hundred,] as may be determined by the Board of Councillors 3[by regulations:]
2. Substituted by section 8 of the West Bengal Municipal (Amendment) Act, 2003 (West Ben. Act XIII of 2003) (with effect from 1.10.2003) for "not exceeding rupees five hundred." which were earlier substituted by section 15 of the West Bengal Municipal (Amendment) Act, 1997 (West Ben. Act
The Executive Officer or, in his absence, the officer authorised to function as the Executive Officer shall, after making such enquiry as may be necessary and within thirty days of the receipt of the application under section 118, grant him a certificate of enlistment if the application is in order, or shall reject the application if it is not in order.
(1) Notwithstanding anything contained in section 118 or section 119 or elsewhere in this Act or in any other law for the time being in force, within a period of six months from the date of coming into force of this Act (hereinafter in this sub-section referred to as the said date), every person engaged on the said date in any profession, trade or calling in a municipal area as specified in Schedule I, either by himself or by an agent or representative, shall obtain the certificate of enlistment referred to in section 118 in respect of the period from the 1st April, 1990 till the date immediately before the said date in accordance with the provisions of section 118 and the rules, if any, made under this Act.
(2) Whoever commits any offence by contravening the provisions of subsection (1) shall be punished with fine in accordance with the provisions of section 440.
(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 a municipal area without the written permission of the Chairman.
1[Provided that the permission under this sub-section shall be accorded subject to the submission of written consent. in original. of the owner or the authority of land, building, wall, hoarding, frame, post, kiosk or structure upon or over which the advertisement has been proposed to be erected, exhibited, fixed or retained, by the person intending to erect. Exhibit, fix or retain any advertisement, or display any advertisement to public view:
&
(1) Except under and in conformity 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 prior to the commencement of this Act, within ninety days from the date of commencement of this Act, or
(b) intending to use any site, or
(c) whose licence for the use of any site is about to expire, shall apply for a licence or renewal of a licence, as the case may be, to the Chairman in such f
(1) Every person, who 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 displayed to public view, a tax calculated at such rate as the Board of Councillors may determine by regulations:
1[Provided that the minimum of such rate shall be,-]
1. Substituted by section 9 of the West Bengal Municipal (Amendment) Act, 2003 (West Ben. Act XIII of 2003) (with effect from 1.10.2003) for "Provided that such rate shall not exceed,-".
(a) in the case of posters,
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 the 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 agent or agents of such person or persons.
If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or the regulations made thereunder, the Chairman 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, letter, model, sign, skysign, placard, notice, device or representation
If any person erects, exhibits, fixes or retains any advertisement referred to in this Chapter without paying the tax due, he shall be punished with fine to be imposed by the Chairman-in-Council 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 a half times such tax:
Provided that such fine shall be recovered from such person or persons as the Chairman may adjudge responsible for not paying the tax.
(1) When it has been determined that a tax on carts and carriages shall be imposed, the Board of Councillors may make and publish an order that every cart or carriage, which is kept or is used in the ordinary course of business within a municipal area, shall be registered by the Chairman-in-Council with the name and residence of the owner and shall bear the number of registration:
Provided that such order shall be published at least one month before the beginning of the half-year in which such order for registration shall be enforced.
(2) This section shall not apply to-
(a) carts or carriages which are the property of the Government or of the Municipality;
(b) carts or carriages which are kept without the limits of a municipal area, and are only te
The tax payable for registration for every cart or carriage shall be such as the State Government may fix for carts and carriages of different types:
Provided that such tax shall not exceed rupees two hundred per annum, if the registration has effect for one year, or rupees one hundred for half year, if the registration has effect for half-year.
No person shall keep, or be in possession of, a cart or carriage not duly registered under this Act, nor shall any person, being the owner or the driver of any cart or carriage, fail to affix thereto the registration number under this Act.
(1) If any person owns or keeps any cart or carriage without registering the same as required by this Act, the Chairman, or any person authorised by him in this behalf, may seize and detain such cart or carriage (provided the same is not employed at the time of seizure in the conveyance of any passenger of goods) together with the animals, if any, drawing the same, and every police officer shall, at the request of the Chairman or the person authorised by him in this behalf, assist in such seizure.
(2) After the seizure under sub-section (1), the Chairman shall forthwith issue notice in writing that after the expiration of ten days, such cart or carriage and animals, if any, shall be sold by auction at such place as stated in the notice; and, if any tax, together with the cost arising from such seizure and custody, remains unpaid for ten days after the issue of such notice, the Chai
The State Government may by notification make rules on the following matters for the purposes of carrying out the provisions of this Chapter :-
(1) mode of registration and numbering of carts and carriages:
(2) levy of tax at varying rates for registration of different types of carts and carriages:
(3) mode of apportionment of tax between local authorities when carts or carriages are used or registered in the area of more than one local authority;
(4) transfer of ownership of registered carts and carriages;
(5) other matters not specifically provided in this Chapter.
(1) Where ferry plies between two points on a water course within the limits of different municipal areas, the State Government, after considering the views of the Board of Councillors of the respective municipal areas, may declare such ferry to be a municipal ferry, and direct that the profits derivable from the plying of such ferry shall be shared equally by the Municipalities governing the terminal points of such ferry and shall be credited to the Municipal Funds of the concerned Municipalities:
Provided that the leasing of such ferry shall be made by the concerned Municipalities by turns.
(2) Where a ferry plies between two points on a water course and both the points are situated within one municipal area or one point is situated within the limits of a municipal area and the other point is situated within the limits of any other loc
Every municipal ferry shall be maintained by the Chairman-in-Council. The Chairman-in-Council shall do all things necessary to provide for the safety and convenience of travellers and the safety of property to be conveyed on such ferry.
When it has been determined to impose tolls on municipal ferries, the Chairman-in-Council shall, from time to time, make and publish an order specifying the ferries and, with the sanction of the State Government, the rates at which such toll shall be levied, and shall cause a copy of such order to be permanently affixed on some conspicuous place at the ferry ghat.
No person shall keep a ferry-boat, whether or not plying for hire, within a distance of two miles above or below any municipal ferry without the previous sanction -
(i) of the Board of Councillors, if he plies within the limits of a municipal area,
(ii) of the Magistrate of the district, if he plies outside the limits of a municipal area, or
(iii) of the Magistrate of the district, if one of the two banks between which he plies is within and the other bank is outside the limits of a municipal area.
No person shall be liable to pay any toll for crossing any river or stream at or near a municipal ferry, if he crosses the river or stream in a boat or other appliance which is kept for the personal or non-commercial use of such person:
Provided that he shall be liable for payment of such charges as may be fixed by the Municipality for use of jetty, ghat, stairs, or any other facility provided by the Municipality.
Every lease of a ferry given by the Board of Councillors as hereinafter provided shall be liable to be cancelled at once, if it appears to the Board of Councillors that the lessee has failed to make due provision for the safety or convenience of travellers or the safety of property to be conveyed on the ferry, within fifteen days after being required to do so by a notice in writing’ from the Board of Councillors. On cancellation of the lease, the Chairman-in-Council may take possession of all boats and other appliances which have been used by the lessee in the working of the ferry and deal with the same in the manner prescribed.
Notwithstanding anything contained in this Chapter, 1 [whenever matters relate to] a municipal ferry and a public, or private ferry, such matters shall be governed by the provisions of the Bengal Ferries Act, 1885 (Ben. Act I of 1885) and the rules made thereunder.
1. Substituted by section 21 of the West Bengal Municipal (Amendment) Act, 2000 (West Ben. Act XXII of 2000) (with effect from 1.9.2000) for "whenever matters relating to ferries concern more than one Municipality or".
The Board of Councillors, with the sanction of the State Government, may establish a toll-bar and levy tolls on any bridge or at any place within a municipal area adjacent to any bridge at which tolls may conveniently be levied on vehicles, carriages, carts and animals passing over such bridge; and the profits derivable therefrom shall be credited to the Municipal Fund:
Provided that no such toll-bar shall be established or tolls levied, otherwise than for the purpose of recovering the expenses incurred in constructing such bridge and in maintaining such bridge in repair for five years next after the construction thereof together with interest on such expenses.
The State Government may, with the consent of the Board of Councillors, make over to the Board of Councillors any existing toll-bar on a bridge within the limits of a municipal area to be administered by the Board of Councillors until the State Government otherwise directs. Every such toll-bar, while so administered, shall be deemed to be a municipal toll-bar, and the profits derivable therefrom or such parts thereof as shall be agreed upon between the State Government and the Board of Councillors shall be credited to the Municipal Fund.
No person authorised under this Act to collect tolls shall demand or take any tolls higher than the tolls fixed under this Act.
(1) If the toll due on any vehicle, carriage, cart or animal is not paid on demand, the person authorised to collect the same may seize such vehicle, carriage, cart or animal, or any part of its load of sufficient value to defray the toll, and shall give immediate notice of such seizure to the Chairman.
(2) Upon such seizure, the Chairman shall forthwith issue a notice in writing that after the expiration of ten days, he will sell the property seized by auction at such place as he may state in the notice; and if any toll together with the cost arising from such seizure and custody remains undischarged for ten days after the issue of such notice, the Chairman may sell the property seized for the discharge of the toll and the expenses occasioned by such nonpayment, seizure, custody and sale.
(3) If the load or sufficient part thereof consi
No person taking through a toll-gate any vehicle, carriage, cart or animal (not exempted from toll) shall refuse to pay the toll, nor shall any person fraudulently avoid taking through a toll-gate any such vehicle, carriage, cart or animal with intent to evade payment of the toll.
1. Substituted by section 18 of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994) for "Penalty for refusing to pay or avoiding payment of toll.".
(1) No toll shall be paid for the passage of -
(a) Government stores or persons in charge of them; or
(b) an officer of the State Government or of the Central Government or of any local authority on duty, or of any person in his or its custody or of any property belonging to him or it or in his or its custody, or of any vehicle, carriage, cart or animal employed by him or it, for the transport of such property; or
(c) conservancy carts or other carriages, carts or animals belonging to the Municipality or of persons in charge of the Municipality.
(2) The Board of Councillors may, from time to time, exempt any class of persons or things not specified in sub-section (1) from payment of toll and may, while granting a lease of any ferry or toll-bar, st
(1) If the State Government at any time declares that the provisions of the Canals Act, 1864 (Ben. Act VII of 1864), or any other similar law for the time being in force, are applicable to any navigable channel which passes through the limits of a municipal area it may, with the consent of the Board of Councillors of such Municipality, appoint it to collect tolls in accordance with the provisions of section 8 of the said Act until the State Government otherwise directs, and the profits derivable therefrom or such part thereof as may be agreed upon between the State Government and the Board of Councillors, shall be credited to the Municipal Fund.
(2) In every such case, the Board of Councillors shall exercise all the powers vested in the Collector under the said Act.
In any case resistance to the person authorised to collect tolls or exercise the power to cause seizure and sale, the police-officers shall assist such person when required by him, and, for such purpose, shall have the same powers as they have to exercise their ordinary police duties.
Save as otherwise provided in this Act, any tax levied under this Act may be recovered in accordance with the following procedure and in such manner as may be prescribed :-
(a) by presenting a bill, or
(b) by serving a notice of demand, or
(c) by distraint and sale of a defaulter’s movable property, or
(d) by the attachment and sale of a defaulter’s immovable property, or
(e) in the case of property tax on lands and buildings, by attachment of rent due in respect of the land or the building, or
(f) as a public demand under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913).
(1) The property tax on land or building shall be leviable in equal shares upon the owner and the occupier:
Provided that the surcharge under section 97 shall be leviable upon the occupier.
(2) On the failure to recover any sum due on account of property tax from the owner, such sum shall, notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956 (West Ben. Act XII of 1956), be recoverable from the occupier by attachment of rent payable by him to the owner.
(3) An occupier from whom any sum is recovered under sub-section (2) shall be entitled to reimbursement by the owner for the payment of such sum or adjustment of such sum against the rent payable.
(1) When a property tax becomes due on any land or building, the Chairman shall cause to be presented to the owner or the occupier thereof a bill for the amount due.
Explanation - A bill shall be deemed to be presented under this section if it is sent by post under certificate of posting to the person liable for payment of the amount included in the bill, and in such case, the date borne on such certificate of posting shall be deemed to be the date of presentation of the bill to such person.
(2) Every such bill shall specify the particulars of the tax and the period for which it is due.
(1) Unless the amount entered in the assessment list is subsequently altered as provided in this Act, the amount entered in the list 2[* * *] shall be deemed to be the amount due on account of property tax on the annual value of holdings. In the case of subsequent alteration, if any, the amount in relation to which the assessment or rating is so altered shall be deemed to be the amount due.
(2) Such tax shall be payable in quarterly instalments and every such instalment shall be deemed to be due in the first day of the quarter in respect of which it is payable.
(3) If any amount due is paid within thirty days from the date of presentation of the bill under section 149, a rebate, not exceeding ten per cent of such amount as may be determined by the Board of Councillors, shall be allowed.
(4)
(1) Save as otherwise provided in this Act, if the amount of the property tax for which a bill has been presented under section 149, is not paid within thirty days from the presentation thereof or if the tax on advertisements is not paid after it has become due, the Chairman may cause to be served upon the persons, liable for the payment of the same, a notice of demand in such form as may be l[prescribed].
1. Substituted by section 25(a) of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995) for "specified by the Board of Councillors by regulations".
(2) For every notice of demand which the Chairman causes to be served on any person under this section, a fee of such amount, not exceeding twenty-five rupees, as the Board of Councillors may 2[determine,] shall be payable by such person
(1) If any person liable for payment of any tax does not, within sixty days of the service of notice of demand under section 151, pay the amount due, such sum together with costs, interest due and penalty may be recovered under a warrant issued in such form as may be specified by the State Government in this behalf, either by distress and sale of movable property, or by attachment and sale of immovable property, of the defaulter as the Chairman may decide:
Provided that the Chairman shall not recover any sum the liability of which has been remitted on review under the provisions of this Act.
(2) Every warrant issued under sub-section (1) shall be signed by the Chairman or any other officer authorised by him in this behalf.
(1) It shall be lawful for any officer or other employee of the Municipality, to whom a warrant issued under this Chapter is addressed, to distrain, wherever it may be found in any place within the municipal area, any movable property belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions :-
(a) the following property shall not be distrained :-
(i) the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils;
(ii) tools of artisans;
(iii) books of accounts;
(b) the distress shall not be excessive, that is to say, the property distrained shall be, as nearly as possible, equal in value to t
(1) When the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Chairman shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and he shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.
(2) If the warrant is not, in the meantime, suspended by the Chairman or discharged, the property seized shall after the expiry of the period mentioned in the notice served under sub-section (2) of section 153, be sold by public auction by order of the Chairman.
(1) When a warrant is issued for the attachment and sale of immovable property, 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 shall be sold in auction unless the amount of tax due with costs of recovery is paid within the date specified in the warrant.
(2) A copy of the order under sub-section (1) shall be affixed on a conspicuous part of the property and upon a conspicuous part of the office of the Municipality.
(3) Any transfer of, or charge on the property attached, or any interest therein, made without written permission of the Chairman shall be void against all claims of the Municipality enforceable under the attachment.
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For every distraint and attachment made in accordance with the foregoing provisions of this Chapter, a fee of such amount, not exceeding two and a half per cent of the amount of the tax due, as shall, in each case, be fixed by the Chairman shall be charged and included in the costs of recovery.
(1) If the Chairman 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 the jurisdiction of the Municipality, 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 of attachment and sale may be issued and executed without any delay.
If the Chairman is unable to recover any sum due upon distraint, the Judicial Magistrate having jurisdiction may, on the application of the Chairman, issue an warrant to any officer of the Court for the distress and sale of any movable property or effects belonging to the defaulter within any other part of the jurisdiction of the Judicial Magistrate or forward the warrant for the distress and sale of any movable property belonging to the defaulter within the jurisdiction of any other Judicial Magistrate exercising jurisdiction within West Bengal, and such other Judicial Magistrate shall endorse the warrant so issued, and cause it to be executed and the amount, if recovered, to be remitted to the Judicial Magistrate issuing the warrant who shall remit the same to the Chairman.
After a defaulter has been proceed 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 Chairman as a public demand under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913), together with interest and cost of recovery.
No distress under this Act shall be deemed to be unlawful nor shall any person making the same be deemed to be a trespasser on account of-
(a) any defect or want of form in the notice, summons, notice of demand, warrant of distress, inventory or other proceeding relating thereto, or
(b) any irregularity committed by such person:
Provided that any person aggrieved by such defect or irregularity may, by order of a court of competent jurisdiction, recover the full satisfaction of any special damage sustained by him.
(1) For the purpose of recovery of any property tax, the Chairman may cause to be served on any occupier a notice requiring him to deposit in the Municipal Fund any rent due or falling due from him in respect of the land or the building to the extent necessary to satisfy the sum due on account of property tax in respect of such land or building.
(2) Every notice under sub-section (1) shall operate as an attachment of rent as aforesaid unless the sum due shall have been paid and satisfied, and the occupier shall be entitled to credit in the account with the person to whom such rent is due, any sum paid by him to the Municipality in pursuance of such notice:
Provided that if the person to whom such rent is due is not the person primarily liable for payment of the property tax, he shall be entitled to recover from the person primarily liab
(1) Where any land or building is in the occupation of any person not being the owner or occupier of such land or building, the amount of any tax, toll, fee, rate or other money due under this Act and assessed on the annual value of such land or building may be recovered from such person as if he were an occupier of such land or building:
Provided that ho sum shall be recovered from such person if it is not due in respect of the period during which such person has been in occupation of such land or building.
(2) The assessment or recovery made under this section shall not by itself be deemed to confer upon such person any right or title as the lawful occupier of the land or the building as aforesaid.
(1) If any money is due under this Act from the owner of any land or premises on account of property tax 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 Chairman 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 the 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 be published in the Official Gazette and in local newspapers and by displaying on the land or the premises concerned.
(1) No assessment and no charge or demand of the property tax or of any other tax made under this Act shall be called in question or shall in any way be affected by reason of-
(a) any clerical or arithmetical mistake arising from any accidental slip or omission-
(i) in the name, residence, place of business or occupation of any person liable to pay such tax, or
(ii) in the description of any property or thing liable to such tax, or
(iii) in the amount of assessment of such tax, or
(b) (i) any clerical error, or
(ii) any defect of form, not being of a substantial nature:
Provided that the Chairman may, either of h
The Board of Councillors may by order strike off the books of the Municipality any sum due on account of the property tax or any other tax or on any other account, which may appear to it to be irrecoverable and shall, within one month thereof, communicate it to the State Government.
The Board of Councillors may classify public or private street into arterial road, connecting road, passage, pathway, lane and by-lane and specify the width of each class in accordance with such rules as may be made in this behalf.
(1) All public streets, bus, taxi or rickshaw stands or other parking or transportation terminals, squares, parks and gardens within the municipal area including the soil, subsoil. sidedrains, footpaths, pavements, stones and other materials and all erections materials and trees provided therein shall vest in the Municipality.
(2) The State Government may, for reasons to be recorded in writing, by notification withdraw from a Municipality any public street, square, park or garden, or transportation terminal and transfer the same for the limited period to any other agency for development or maintenance thereof in the public interest.
(3) The Chairman shall maintain a register in such form and in such manner as may be prescribed showing a list of all public streets, parking or transportation terminals, squares, parks and gardens and other
(1) All public streets, parking or transportation terminals, squares, parks and gardens vested in the Municipality shall be under the control of the Board of Councillors who 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 Board of Councillors shall, from time to time, cause all public streets vested in the Municipality to be levelled, metalled or paved, channelled, altered or repaired, widened, extended or otherwise improved or cause the soil thereof to be raised, lowered or altered, and may place and repair fences and posts for the safety of pedestrians.
(3) The Board of Councillors shall, from time to time, cause various items of street furniture, including guard rails, traffic lights and traffic signs, street markin
Subject to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), the Indian Electricity Act, 1910 (9 of 1910) and such other Act as may be notified by the State Government for the purposes of this section, the State Government may by rules provide for the following :
(a) the sanction by the Board of Councillors of specific rights of way in the subsoil of public and private streets within the municipal area for different public utilities, including electric supply, telephone or other telecommunication facilities, gas pipes, water-supply, sewerage and drainage, shopping plazas, warehousing facilities and apparatus and appurtenances related thereto, provided by Government or any statutory body or any licensee under any of the said Acts;
(b) the levy of any fee or charges permissible under any of the said Acts: ,
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The Chairman shall cause to be maintained complete survey maps, drawings, and descriptions of all the underground utilities within the municipal area, in such form and in such manner as may be prescribed, and shall ensure the secrecy of the same in conformity with provisions of the Official Secrets Act, 1923 (19 of 1923).
(1) The Board of Councillors may, subject to the other provisions of this Act,-
(a) 1[require] any land together with structure, if any, standing thereon 2[to be acquired] for the purpose of opening, widening, extending or otherwise improving any public street, parking or transportation terminal, square, park or garden or of making a new one or for enforcing regular line of street;
1. Substituted by section 19(a)(i)(A) of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994) for "acquire".
2. Substituted by section 19(a)(i)(B), ibid (with effect from 13.7.1994) for "required".
(b) 3[require], in relation to any land or building as aforesaid, such land or building 4[to be acquired] as the Board of Co
(1) If the Board of Councillors considers it expedient to make regulation for any public street a building-line or a street alignment, or both a building-line and a street alignment, it shall give public notice of its intention to do so.
(2) Every such notice shall specify a period within which objections will be received, and a copy of such notice be sent by post to every owner of premises abutting on such street who is registered in respect of such premises on the books of the Municipality:
Provided that the failure or omission to serve such notice on any of the owners shall not invalidate the proceedings under this section.
(3) The Board of Councillors shall consider all objections received within such period as it may fix in this behalf, and may then make regulation determining a building-
(1) No portion of any building or boundary wall shall be erected or added to within such street alignment as the Board of Councillors may determine by regulation under section 172 :
Provided that the Board of Councillors may, in its discretion, permit additions to a building to be made within a street alignment, if such additions merely add to the height of, and rest upon, an existing building or wall, upon the owner of the building executing an agreement binding himself and his successors in interest-
(a) not to claim compensation in the event of the Board of Councillors at any time thereafter calling upon him or such successors, by written notice, to remove any addition made to any building in pursuance of such permission, or any portion thereof, and
(b) to pay the expenses of such removal.<
(1) The Board of Councillors may, at any time, give notice to the owner of any land or building of its intention to take possession of-
(a) any land abutting on a public street upon which any portion of any building or wall projects beyond the front of the adjoining building or wall on either side; or
(b) any land not covered by building (including land on which a building has collapsed or been demolished or burnt down) which is situated within a street alignment referred to in section 172.
(2) The Board of Councillors may come to an agreement with the owner, upon whom a notice under sub-section (1) has been given, to release such land for addition to street on condition of such relaxation in the enforcement of building regulations as the Board of Councillors may decide, and thereupon the bui
(1) If any part of a building abutting on a public street is within the regular line of that street, the Board of Councillors may, whenever it is proposed-
(a) to repair, rebuilt 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 alterations 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 alteration of such building, require such building to be set back to the regular line of such street.
(2) Where any building or any part thereof within the regular line of a public street falls down or is burnt dow
(1) Where any building or any part thereof is within the regular line of a public street and, in the opinion of the Board of Councillors. it is necessary to set back such building or part thereof to the regular line of such street in pursuance of any development plan, it 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 Municipality.
(2) If such owner fails to show satisfactory cause under-section (1), the Board of Councillors may require the owner by another notice to be served on him in accordance with the provisions of this Act to pull down the building or part thereof, which is within
(1) If any building, which abuts on a public street, is in the rear of the regular line of such street, the Board of Councillors 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 which abuts on such street and 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 require such building to be set forward to the regular line of such street.
(2) For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed
The Board of Councillors shall, made under this Chapter, pay compensation as awarded under the Land Acquisition Act, 1894 (1 of 1894).]
1. Section 178 substituted by section 20 of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994), which was earlier as under:
"178. Payment of compensation. - The Board of Councillors shall, for any acquisition made under this Chapter, pay reasonable compensation to the person adversely affected. In determining such compensation, allowance shall be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street, square, park or garden at or about the same time that public street, square, park or garden on account of which the compensation is paid is
(1) The Board of Councillors may, from time to time, prepare schemes and plans of projected public streets, showing the direction of such street, the street alignment and the building-line on each of them, their intended width, and such other details as may appear desirable. The provisions of section 172 shall, with all necessary modifications, apply to public streets projected under this section.
(2) The width of such projected streets, inclusive of footpath, shall not be less than ten metres:
Provided that-
(a) the Board of Councillors may, for special reasons, reduce the requirement of width of any projected street; so, however, that the width of any such projected street shall not be less than six metres; and
(b) the Board of Councillors may re
(1) The Board of Councillors, may, for sufficient reasons,-
(a) prohibit vehicular traffic in any public street or any portion thereof so as to prevent danger, construction or inconvenience to the public or to ensure quietness in any locality;
(b) prohibit, in respect of all public streets or any particular public street, the transit of any vehicle of such type, form, construction, weight, emission or size, or of any vehicle laden with such heavy or unwidely object, as is likely to cause injury to the roadways or any construction thereon, or of any vehicle for 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 upon the payment of such charges as may be specified by the Board of Cou
The 1[Chairman] may temporarily close the whole or any part of a public street to permit development and maintenance work, and may, subject to such conditions as may be determined by the 1[Chairman], authorise such closure for other purposes for any period not exceeding a month.
1. Substituted by section 26 of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995) for "Board of Councillors".
(1) The Board of Councillors may declare a public street or a portion of it, as a fee parking area.
(2) Parking fee may be levied for each hour at such rate, and for such types of vehicles parked in different areas or for parking of different categories of street at different hours of the day, as the Board of Councillors may determine:
Provided that such fee for each hour shall not exceed 2[rupees ten in the case of passenger vehicle and goods vehicle].
2. Substituted by section 14 of the West Bengal Municipal (Amendment) Act, 2006 (West Ben. Act XXII of 2006) (with effect from 1.10.2006) for "rupees two in case of passenger vehicles and rupees five in case of goods vehicle".
(1) No person shall put up any platform verandah, balcony, sunshade, weather-frame or the like to project over any public street without the written permission of the Board of Councillors.
(2) Subject to any rules made by the State Government in this behalf, the Board of Councillors may, in its discretion, give to the owners or occupiers of buildings abutting on public streets written permission to erect or re-erect platform, verandah, balcony, sunshade or weather-frame projecting on a public street or drain on such conditions as it may think fit and on payment of such fees or rent as it may, from time to time, fix.
(1) The Board of Councillors-
(a) may, without notice, itself or by any officer authorised by it in writing in this behalf, remove, alter or otherwise deal with any structure, wall, hoarding, scaffolding, fence, rail, post, platform of other projection, obstruction or encroachment which has, without first obtaining its written permission, been erected or set up in, over, above or upon any public street, house-gully, sewer, drain, aqueduct, water-course or ghat;
(b) may, itself or by any officer authorised by it in writing in this behalf, remove without notice any materials or goods or any movable property which has, without its permission, been deposited in a public street or in, over, above, or upon any house-gully or any public sewer, drain, aqueduct, water-course or ghat, or which remains so deposited, when the period covered by any p
Whoever removes, not being duly authorised in that behalf, any earth, sand or other material form, or makes any encroachment in or upon, any street or open space which is not a private property, shall, on conviction, be punished with fine which may extend to one hundred rupees and, in the case of continuing offence, with further fine which may extend to twenty rupees for every day after the first during which such offence continues.
(1) No person shall, without the permission of the Board of Councillors or any other lawful authority, displace dig up or make any alteration in, or otherwise damage, the pavement, gutter, flags or other materials of any public street, or any street furniture like posts, fences and walls, including lamp-posts, lamps, brackets, water-posts, hydrants and accessories thereto, or any other municipal property on a public street or public place, park, square or garden.
(2) Every person to whom any permission is granted under sub-section (1) shall abide by such conditions as the Board of Councillors may impose in this behalf.
(3) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with a fine which may extend to one hundred rupees and, in the case of a continuing offence, with a further daily fine exten
Whenever any public street or drain or any other municipal property is damaged, washed away or eroded by any activity within any land or building (including tank) which exists by the side of such street, drain or property, the Board of Councillors may by written notice, require the owner or occupier of such land or building to repair the damage and to restore the street, drain or property to its original condition as far as possible within a specified time, and it shall be incumbent upon such owner or occupier to comply with it, failing which the Board of Councillors itself may carry out the work of repair or restoration and the expenses thereof shall be recoverable from the owner or the occupier as an arrear of tax under this Act.
(1) It shall be lawful for the Board of Councillors to-
(a) give a name or a number to every public street;
(b) cause to be put up or painted on a conspicuous part of any building, wall or any other place the name or the number by which such street is to be known;
(c) determine the number or sub-number by which any premises or part thereof shall be known; and
(d) require the owner of any premises or part thereof by a written notice, to put up a plate showing the number or sub-number of such premises or part determined under clause (c) in such position and manner as may be specified in such notice.
(2) Any person, who destroys, pulls down or defaces any such name or number of a public street or number or
(1) The Board of Councillors may require any owner or owners of land or building within a municipal area to upgrade a private street within such land or building in respect of such items of work and in conformity with such standard as may be prescribed.
(2) If such requirements are not complied with, the Chairman-in-Council may cause the execution of the work by its own agency and recover the expenses incurred, either in whole or in part, from the owner or owners, as the case may be.
The Board of Councillors shall, have access over any private street for the purpose of extending civic services or providing civic amenities.
(1) If any private street has been upgraded under section 189 and the majority of the owners of such street or the owners of lands or buildings on such street express their consent in writing, the Board of Councillors shall declare the same to be a public street.
(2) If a private street has been in existence for not less than twenty years and used by the people of the locality as a thoroughfare, the Board of Councillors may, notwithstanding anything contained in this section, declare such street to be a public street.
(3) If the Board of Councillors decides for reasons to be recorded in writing to take over a private street, whether upgraded or not, it may, notwithstanding anything contained in this section, declare such street to be a public street.
(4) Upon a private street being declared by
(1) Every person intending to layout or make a new street within a municipal area, shall give notice thereof in writing to the Chairman and shall furnish along with such notice plans and sections showing -
(a) the intended level, direction and width of the street:
(b) the situation and the boundaries of any buildings or plots abutting on such street or likely to be served by such street;
(c) the position of any public street or streets to which the new street may have an access;
(d) the arrangements to be made for the levelling, paving, metalling, flagging, channelling, draining or lighting of the street; and
(e) such other particulars as may be required by regulations, if any, made in this behalf.
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(1) Before utilizing, selling, leasing out or otherwise disposing of any land 1[which has not been converted into agricultural land under section 4C of the West Bengal Land Reforms Act, 1955 (West Ben. Act X of 1956),] or building as plots for construction of buildings thereon, the owner thereof shall send to the Chairman a written application with a layout plan of the land showing the street or streets giving access to the plots into which the land may be divided and connections of such street or streets with any existing public or private streets and the following particulars :-
1. Inserted by section 16(1) of the West Bengal Municipal (Amendment) Act 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998).
(a) the size or sizes and the number of plots into which the land is proposed to be divided for the erection of building
The Board of Councillors may-
(a) take measures for lighting, in a suitable manner such public streets and public places as may be considered necessary;
(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 them;
(d) place and maintain-
(i) electric wires for the purpose of lighting such lamps under, over, along or across, or (ii) posts, poles, standards, stays, struts, brackets and other contrivances for carrying, suspending or supporting lamps or electric wires in or upon, any immovable property without being liable to any claim for compensation th
(1) The Municipality may, on its own or in collaboration with anyone, erect plants for generation of electric power, subject to such rules as may be made in this behalf.
(2) Notwithstanding anything contained in this Chapter, all matters relating to generation, transmission, supply or use of electrical energy in a municipal area shall be regulated by the provisions of the Indian Electricity Act, 1910 (9 of 1910).
(1) No person shall, without the written permission of the Chairman or any lawful authority, take away or wilfully or negligently break or throw down or damage-
(a) any lamp or any appurtenances 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, 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 wilfully or through negligence breaks, or causes any damage to, anything referred to in sub-section (1), he sha
(1) In this Chapter, unless the context otherwise requires, 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 wall above the level 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;
(c) to convert into a dwelling house any building or any p
(1) The State Government may make rules to provide for-
(a) the regulation or restriction of the use of sites for buildings, and
(b) the regulation or restriction of building.
(2) Without prejudice to the generality of the foregoing power, such rules 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;
(d) development of land into land sub-division and layout;
(e) land use classification and uses:
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(1) The Beard of Councillors may give public notice of its intention to declare-
(a) that in any street or portion thereof specified in such notice, the elevation and construction of the frontage of all building in any classes of buildings erected or re-erected after such notice shall, in respect of their architectural features, be such as the Board of Councillors 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 or row-houses 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 division or sub-division of building’ plots in a particular locality shall be of a specified size’ or
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(1) No person shall, without the written permission of the Chairman or otherwise than in conformity with the conditions of such permission. -
(a) use or permit to be used for the purpose of human habitation any building or part thereof not originally erected or authorised to be used for such purpose;
(b) change or allow the change of the use of a building for any purpose other than that specified in the sanctioned plan:
(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 within a building to an occupational use, other than the use intended in the original sanctioned plan, not mate
(1) No person shall use or permit to be used any premises for any of the non-residential purposes as mentioned in Schedule II without or otherwise than in conformity with a licence granted by the Chairman in this behalf on such terms and conditions as may be determined by regulations.
(2) The Board of Councillors shall determine by regulations a scale of fee to be paid for the issue of licence in respect of premises used for non-residential purposes under sub-section (1) :
Provided that no such fee shall exceed five hundred rupees per month in respect of any premises.
(1) The Board of Councillors may give public notice of its intention to declare that in any area specified in the notice, no person shall use any premises for any purpose specified in the notice and for reasons stated therein.
(2) Any objection to any such notice shall be received within a period of one month from the publication of the notice.
(3) The Board of Councillors shall consider all objections received within the period as aforesaid, giving any person affected by the notice an opportunity of being heard, and may, thereupon, make a declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as it may think fit.
(4) Every such declaration shall be published in the manner prescribed and shall take effect from the date of such publication.
No piece of land shall be used as a site for the erection of a building unless such site has been so approved 1[on payment of a fee at such rate as may be prescribed, and] within the prescribed period, and no building shall be erected unless a building plan has been sanctioned for such erection 2[on payment of a fee at such rate as may be prescribed, and] in accordance with the provisions of this Chapter and of the rules and the regulations made under this Act:
1. Inserted by section 15(1) of the West Bengal Municipal (Amendment) Act, 2006 (West Ben. Act XXII of 2006) (VIIth effect from 1.10.2006).
2. Inserted by section 15(2), ibid (with effect from 1.10.2006).
Provided that no piece of land shall be approved for the erection of a building and no building plan shall be sanctioned unless a cer
No person shall erect or commence to erect any building or execute any specified building work, except with the previous sanction of the Board of Councillors 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.
(1) Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being in force, any person, who being responsible by himself or by any other person on his behalf. so constructs or attempts to so construct or conspires to so construct any 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 Municipality 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.
3. Section 204A inserted by section 17 of the West Bengal Municipal (Amend
Every person, who intends to erect or re-erect a building, shall first submit an application with a building plan in such form, accompanied by such plans and specifications, and containing such information, as may be prescribed or as may be required by the rules made under section 198.
(1) Every person making an application to erect or re-erect a building shall specify the purpose for which such building is intended to be used.
(2) The Board of Councillors may require that a building may not be erected or re-erected for more than one occupancy or use or contrary to such mixed uses as the Board of Councillors may, from time to time, determine consistent with the provisions of this Act or any other law for the time being in force.
(1) Within sixty days after the receipt of any application with building plan or of any information or document which the 1[Board of Counciliors] may reasonably require the applicant to furnish before deciding whether sanction shall be accorded in this regard, the 1[Board of Councillors] shall, by written order,-
1. Substituted by section 27 of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995) for "Chairman".
(a) either accord sanction to the building plan conditionally or unconditionally and give permission to execute the work, or
(b) refuse, on one or more of the grounds mentioned in section 210, to accord such sanction, or
(c) accord sanction but impose conditions for compliance before perm
If, within the period referred to in section 207, the Board of Councillors has neither accorded nor refused to accord sanction to a building plan, nor granted permission to execute a work, 2[the applicant may appeal to the Municipality, in writing, in this regard. and if the appeal as aforesaid is not disposed of within 30 days from the date of the appeal. 3[ * * *]] such sanction or permission shall be deemed to have been granted; and the applicant may proceed to execute the work; so, however, that nothing in this section shall be deemed to have permitted the applicant to contravene any of the provisions of this Act or of the rules made under section 198 or of any rules or regulations applying to such work.
2. Inserted by section 18 of the West Bengal Municipal (Amendment) Act 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998)
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Notwithstanding anything contained in this Chapter or elsewhere in this Act or in the West Bengal, Panchayat Act, 1973 (West Ben. Act XLI of 1973), permission granted under that Act for erection or construction of any new structure or building or addition to any structure or building in any area shall, upon the constitution of such area a municipal area,
(a) be deemed to have been granted under this Act, and
(b) remain valid for one year from the date of constitution of such area a municipal area 5[or for such period for which it was granted under the West Bengal Panchayat Act. 1973, whichever is greater.]
4. Section 208A inserted by section 28 of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) and shall be deemed always to have been inserted.
Not less than seven days before any person commences to erect or re-erect a building, the owner of the building shall send to the Chairman a written notice specifying the date on which he proposes to commence the work.
The sanction of a building plan may be refused on any of the following grounds :-
(a) that the approval of the building site has not been obtained as required under the provisions of this Act and the rules and the regulations made thereunder;
(b) that the ground plan, elevation, section or specification would contravene any of the provisions of this Act or the rules or the regulations made thereunder or of any other law for the time being in force;
(c) that the application with building plan does not contain the necessary particulars and has not been prepared in the manner as required under the rules and the regulations made in this behalf:
(d) that any information or document required by the Board of Councillors in this behalf has not been duly fur
The Board of Councillors shall, when granting permission conditionally or unconditionally to execute the 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 permission unless the Board of Councillors, on an application made in this behalf, allows an extension of such period:
Provided that the Board of Councillors may. if it considers necessary, require a modification of the building plan, for reasons to be recorded in writing, in the case of inordinate delay in completion of the work.
(1) Every person submitting an application with building plan or a work to which such application 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 Municipality a notice, in writing, of such completion accompanied by a certificate in such form as may be prescribed and shall give to the Municipality 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 any part thereof affected by any such work until permission has been granted by the Municipality in this behalf in accordance with the rules and the regulations made under this Act:
Provided that if the Municipality fails, within a period of thirty days
(1) Notwithstanding anything contained in this Act or the rules and the regulations made thereunder or any other law for the time being in force, the Board of Councillors 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) impose special conditions concerning exit to or entry from any street; or
(d) require it to be rounded off or splayed off or cut off to such height and to such extent as may be determined; or
(e) acquire whether by an agreement under section 76 or otherwise, such portion of the site at the corner as may be considered necessary
(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 Chairman, nor shall any such roof, verandah, pandal, wall, shed or fence, constructed or reconstructed, be retained beyond a period of three months after such construction or re-construction except with the fresh permission obtained in this behalf. Every permission granted under this sub-section shall expire at the end of the period of three months for which it is granted,
(2) The Board of Councillors may regulate the use of materials, design or construction, or other practices or interior decoration in accordance with such regulations as may be made in this behalf.
(1) The Chairman or any other person duly authorised by him in this behalf may, at any time and without notice, inspect any building or work in respect of which an application with building plan has been submitted, while the work is in progress, and shall cause such inspection 1[on receipt of the notice] of completion or credible information regarding such completion.
1. Substituted by section 31 of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 2.9.2002) for "within two months of the receipt of the notice".
(2) If, on making any inspection under sub-section (1), the Chairman or the other person as aforesaid finds that the building is being or has been erected-
(a) otherwise than in accordance with the building plan as sanctioned, or
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The provisions of this Chapter and the rules and the regulations made thereunder relating to erection of buildings shall not apply to necessary repairs not involving any of the works which constitute a material addition or alteration.
Explanation. - An addition to, or alteration of, a building shall be deemed to be material if it-
(a) increases or diminishes the height of the area covered by, or affects the cubical contents of the building or any part thereof; or
(b) affects or is likely to affect prejudicially the stability and safety of building in respect of sewerage, drainage, ventilation and environmental safety; or
(c) converts the building or any part thereof from one ’;occupancy" or "use" to another "occupancy" or "use"; or
(d) is an a
If, at any time, sanction to erect any building has been given and the Board of Councillors is satisfied that such sanction was given in consequence of any material misrepresentation or fraudulent statement contained in the plans, elevation sections or specifications or land or any material particulars submitted in respect of such building, it may cancel such sanction, and any work done thereunder shall be deemed to have been done without sanction.
Section 217 of the West Bengal Municipal Act, 1993, confers power upon the Board of Councillors to cancel permissions or sanctions granted for construction or other activities, primarily on grounds of material misrepresentation or fraud. It plays a crucial role in regulating unauthorized or fraudulent constructions and ensuring adherence to lawful procedures in municipal governance.
Section 217 authorizes the Board of Councillors to cancel any permission or sanction granted for erecting buildings or executing works if it is satisfied that such permission was obtained through material misrepresentation or fraudulent statements. The section also implicitly empowers the Board to revoke or cancel such permissions, which includes the power to suspend or revoke sanctions based on material misrepresentation.
Section 217 of the West Bengal Municipal Act, 1993, is a vital statutory provision empowering municipal authorities to revoke permissions obtained through material misrepresentation or fraud. Its proper exercise ensures lawful urban development and prevents illegal constructions. However, the exercise of this power must be grounded in satisfaction after fair inquiry, adhering to principles of natural justice, and within the bounds of jurisdiction. Any arbitrary or unsubstantiated cancellations can be challenged in courts, emphasizing the need for procedural correctness and evidentiary support.
Note: This commentary synthesizes legal principles and judicial interpretations based on the provided sources, primarily focusing on the legal scope, procedural requirements, and judicial precedents related to Section 217.
(1) If the Board of Councillors is satisfied-
(a) that the erection of any building-
(i) has been commenced without obtaining sanction or permission under the law, or
(ii) is being carried on or has been completed otherwise than in accordance with the particulars on which such sanction or permission was based, or after such sanction or permission has been lawfully withdrawn, or
(iii) is being carried on or has been completed in breach of any provision contained in this Act or in the Schedule or in any rules or regulations in this behalf, or
(b) that any building of projection exists in violation of any condition direction or requisition lawfully given or made under this Act or the rules or the regulati
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 pipe) is touched or is likely to be touched or if the Chairman is of opinion that such excavation may cause danger to public, he may, by a written order, stop forthwith any such excavation or other work till the matter is investigated and decided to his satisfaction.
(1) In any case in which the erection of a building or any other work connected therewith has been commenced or is being carried on unlawfully, the Chairman may, by written notice, require the owner or the person carrying on such erection or unlawful work to discontinue the same forthwith, pending further proceedings as respects such unauthorised construction.
(2) If any notice issued under sub-section (1) is not duly complied with, the Chairman may, with the assistance of the police or any employee of the Municipality. if necessary. take such steps as he may deem fit to stop the continuance of the unlawful work.
(3) If it appears to the Chairman that it is necessary in order to prevent the continuation of the unlawful work to depute any police or employee of the Municipality to watch the premises the cost of providing the same shall be
(1) The Board of Councillors may. with a view to promoting safety convenience, privacy or sanitation or to securing conformity with the provisions of this Act and the rules and the regulations made thereunder, by order stating reasons 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 Board of Counciliors shall give a reasonable opportunity to the owner to show cause why such order should not be made.
(2) An appeal against an order made by the Board of Councillors under this section shall lie with the Municipal Appellate Tribunal constituted under this Act.
(1) The Board of Councillors may, for sufficient reasons, by an order require the owner or the occupier of any building abutting on a public or private street to keep the external parts of the building including the roof thereof, in proper repair with lime plaster or other material or properly painted to the satisfaction of the Board of Councillors.
(2) If such owner or occupier makes persistent default in carrying out an order made in this behalf, the Board of Councillors may itself carry out the work and recover the cost thereof from the owner or the occupier of the building, as the case may be.
(3) Notwithstanding anything contained in any other law for the time being in force, the Board of Councillors may apportion the costs incurred under sub-section (1) or sub-section (2) between the owner and the occupier in such manner as it may
(1) Where the Board of Councillors, upon any information in its possession, is satisfied that any building is unfit for human habitation and is not capable, at a reasonable expense, of being rendered fit. it shall serve upon the owner of the building and upon any other person having an interest in the building, whether as 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 Board of Councillors and gives an undertaking that such person shall, within a period specified by the Board of Councillors, execute such work of improvement in relation to the building as will in the opinion of the Board of Councillors, render the building fit for human
The Board of Councillors may erect or fix to the outside of any building, brackets for lamps to be lighted with oil or, subject to the provisions of the Indian Electricity Act, 1910 (9 of 1910), for lamps to be lighted with electricity or otherwise or, subject to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), for telegraph wires or telephone wires or wires for the conduct of electricity for locomotive purposes. Such brackets shall be so erected or fixed as may not occasion any inconvenience or nuisance to the occupants of the said building or of any other building in the neighbourhood or to the public.
(1) The Board of Councillors may make regulations, consistent with the provisions of this Act and the rules made by the State Government thereunder.
(2) Such regulations may supplement the provisions of this Act and the rules as aforesaid on the following matters, namely :-
(a) plans, specifications and other documents or particulars to be furnished with any application for building plan:
(b) alteration or addition of any specific description, not failing within the scope of the provisions of this Chapter;
(c) fees in accordance with such scale for plans, specifications, and information as are not otherwise provided for;
(d) type or description of building which, and the purposes for which a building, may
Every owner or occupier of any heritage building or site declared as such by the Municipality 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 or site.
Explanation II -"Owner" shall, notwithstanding anything contained elsewhere in this Act, include, for the purposes of this chapter,-
(a) a joint owner of a heritage building or s
Where the Municipality, on the recommendation of the Heritage Conservation Committee and also of the Chairman-In-Council, is of the opinion that any building or site in the municipal area should be preserved and conserved for historical, architectural, environmental or cultural purpose, it may declare such building or site as a heritage building or site:
Provided that during the period when any proposal for declaring a building or site as a heritage building or site is under consideration of the Heritage Conservation Committee or the Chairman-in-Council, no owner of such building or site, or no lessee or sub-lessee to whom such building or site has been leased out, shall transfer such building or site by way of sale, lease or mortgage without the prior approval of the Board of Councillors.
The gradation of a heritage building according to its historical, architectural, environmental or cultural purpose shall be such as may be prescribed.
(1) The Chairman-in-Council shall constitute a Committee to be called the Heritage Conservation Committee with the Chairman as its Chairman and an officer of the Municipality 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 District Magistrate of the district,
(b) one shall be a nominee of the Director of the Department of Archaeology, Government of West Bengal,
(c) one shall be an eminent architect.
(d) one shall be an artist,
(e) one shall be an environmentalist.
(f) one shall be a historian, and
The Heritage Conservation Committee snail have the power to function Independent of the Board of Councillors for the purpose of preservation, conservation and maintenance of heritage buildings in so far as such power does not offend any other provisions of this Act or the rules made thereunder relating to construction or use of building:
Provided that for erection or re-erection in a heritage building or part thereof, or for restoration of any heritage building to its old shape, design or beauty in the case of unlawful demolition, or for making any change of internal or external wall, structural pattern, floor, roof, interior or exterior architectural floor, facade or skyline, or for any other change, of a heritage building, the provisions of Chapter XIV of this Act and the rules made thereunder shall apply mutatis mutandis.
Subject to the other provisions of this Act, the Municipality may acquire, purchase or take on lease any heritage building or site for the purpose of preservation and conservation thereof:
Provided that in the case of a heritage building or site 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.
When the owner of any heritage building or site is not willing to preserve or conserve any heritage building or site, the Chairman may, for the purpose of acquisition of such heritage building or site by agreement and on the recommendation of the Heritage Conservation Committee and with the approval of the Chairman-in-Council, allow the transfer of right of development or such heritage building or site, which shall be heritable and transferable, to the owner of such heritage building or site in such manner, and subject to such conditions, as may be prescribed.
Explanation I - "Development" shall have the same meaning as in clause (7) of section 2 of the West Bengal Town and Country (Planning and Development) Act. 1979.
Explanation II - "Right of development" in relation to a heritage building or site shall mean the right of development,
Subject to such rules or regulations as may be made under this Act, every person shall nave the right of access to any heritage building or site acquired by the Municipality.
The Municipality shall have the right to allow the transfer of right of development to the lessee of a heritage building or site where the unexpired period of the term of lease is for 90 years, and to take the heritage building or site on Sub-lease by agreement. if there is provision for such sublease 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.
If the Municipality considers that it is necessary to acquire any building or site declared as a heritage building or site 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 Lana Acquisition Act, 1894 (1 of 1894), permission of the concerned Department of the State Government shall be taken before such acquisition.
If the owner of a heritage building or site enters into an agreement with the Municipality to maintain, preserve and conserve such heritage building or site properly at his own expenses, the Municipality may, in such case, exempt wholly or partly the owner of such heritage building or site from payment of rates or taxes or fees for supply of water or any other charges in respect of such heritage building or site.
(1) The Chairman may pending acquisition of a heritage building or site by the Municipality under this Act and with approval of the Chairman-in-Council, propose to the owner of such heritage building or site to enter into an agreement with the Municipality for a specified period for the maintenance of such heritage building or site.
(2) The agreement as aforesaid may provide for all or any of the following matters:
(a) maintenance of the heritage building or site by the owner or by any other person willing to maintain the said heritage building or site:
(b) custody of the heritage building or site and the duties of the person who may be employed to watch it:
(c) the restrictions on the owner’s right-
(i)
(1) The Chairman may receive voluntary contributions towards the cost of maintaining any heritage building or site and may give order as to the management and application of such contributions for the purpose of preservation and conservation of such heritage building or site.
(2) Subject to the approval of the Chairman-in-Council, the Chairman 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 or site on such terms and conditions as the Chairman-in-Council may determine.
(1) If the Chairman, on receipt of any information, is satisfied that the owner of a heritage building or site fails to preserve or conserve the heritage building or site, the Chairman may, when the heritage building or site is vacant and after hearing the owner, by order in writing, take over the management and control of such heritage building or site for the purpose of preservation and conservation thereof, suspending the right of the owner to transfer such heritage building or site 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 Chairman shall thereafter notify the heritage building or site 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 the reasonable letting value of the heritag
If the Municipality decides that any heritage building or site 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 or site has ceased to be a heritage building or site for the purposes of this Act.
(1) Any person who destroys, removes, alters, defaces or misuses any heritage building or site 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 tnereunder, 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 or site 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 contravention or failure continues after con
Notwithstanding anything contained elsewhere in this Act. the State Government may make rules to provide for any matter considered necessary for the purpose of implementation of the provisions of this chapter.’.
(1) It shall be the duty of every Municipality to provide a supply of wholesome water for the domestic use of the inhabitants.
1[(2) The supply of water for domestic and non-domestic uses may be charged for at such scale of fee, or price, as may be prescribed :]
1. Sub-section (2) substituted by section 33 of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 2.9.2002), which was earlier as under:
"(2) The water for domestic uses in excess of such standard as may be determined by the Board of Councillors and the supply of water for non-domestic uses may be charged for at such scale of fees or price as may be prescribed.".
2[Provided that in the case of Water Supply Projects, implemented in any municipal ar
(1) All public tanks. reservoirs, cisterns, wells, tube-wells, aqueducts, conduits, tunnels, pipes, taps and other water-works, whether made, laid or erected at the cost met from the Municipal Fund or otherwise, and all-bridges, buildings, engines, works, materials and things, connected therewith or appertaining thereto, and any adjacent land (not being private property) appertaining to any public tank, which is situated within the municipal area, shall vest in the Municipality.
(2) All rights over the sub-soil water resources within a municipal area shall vest in the Municipality.
(1) Subject to the approval of the State Government, the Board of Councillors may, either singly or jointly with any other Board of Councillors or local authority, within or without a municipal area, undertake construction of water-works and operate, manage or maintain any water-works intended to serve the inhabitants of the municipal area.
(2) Whenever the State Government has approved any work outside the limits of municipal area, the Board of Councillors may exercise all the powers for construction, maintenance and repair throughout the line of the country in which such work is situated or through which it is to run, as if such work is situated within the municipal area.
The Board of Councillors may lay or carry any water-main or service-main or any pipe or channel of any kind for the purpose of providing or carrying out or maintaining a system of water-supply on, across, under or over any street or public place, and after giving a reasonable notice of not less than a month to the owner or the occupier, across, under or over any private land or building whatsoever, situated within the limits of a municipal area, may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such pipe or channel, as the case may be, in an effective state for the purpose for which such pipe or channel, as the case may be, may be used or intended to be used:
Provided that in the case of sudden water-logging of any area within a municipal area, the Board of Councillors may, if it considers it necessary so to do in the inter
No building or private street shall be constructed over any municipal water-main or service-main, except with the written permission of the Board of Councillors which may impose such conditions for such construction as it may deem fit.
(1) Subject to such conditions and restrictions as may be prescribed and such terms as the Chairman-in-Council may, from time to time, determine, the Chairman-in-Council may, on the application of the owner or the occupier of any house or land in respect of which property tax 1[or provisional property tax determined under sub-section (5) of section 114] is paid, make or cause or permit to be made communication or connection from any main, service-main or distribution pipe, belonging to the Municipality or from any channel maintained, owned or vested in the Municipality.
1. Inserted by section 12 of the West Bengal Municipal (Amendment) Act, 2009 (West Ben. Act III of 2009) (with effect from 1.6.2009).
(2) The Chairman-in-Council may require the amount necessary for the execution of any work under this section and other charges or fees,
(1) If, at any time, it appears to the Chairman-in-Council that any building or land in the municipal area is without a proper supply of wholesome water, the Chairman may, by written notice require the owner or the lessee or the occupier of the building or the land or any person having any interest therein as the case may be, to obtain from municipal water-mains such quantity of water as may be adequate for the requirement of the person usually occupying or employed upon the building or the land, and provide connection pipes of such size, materials and description, and take such necessary steps for the purpose, as may be provided by regulations within such period as may be specified in the notice.
(2) On receipt of the written notice under sub-section (1), the owner or the lessee or the occupier of the building or the land, or the other person having an interest therein, as the cas
(1) The Chairman-in-Council may erect hydrants or stand-posts for supply of wholesome water to the public within a municipal area.
(2) The Board of Councillors may, by regulation provide for safety, maintenance and use of such public hydrants or stand-posts; or it may place such public hydrants or stand-posts under the charge of any person who may realise from each consumer such fee as the Board of Councillors may determine from time to time.
(3) The Board of Councillors may fix hydrants on water-mains at such places as may be most convenient for affording a supply of water for extinguishing any fire in the locality and denote the situation of every such hydrant with marks or figures prominently displayed on any convenient structure near such hydrant:
Provided that on deposit of requisite expe
(1) All private connections of premises to the mains of a Municipality for the supply of water thereto and all pipes, taps and other fittings used for such supply shall be made, maintained and regulated in the manner prescribed.
(2) The Municipality may, if it thinks fit, take charge of all communication-pipes and fittings of any existing private service connected with water-supply system within a municipal area up to and including the stopcock nearest to the doorstep of the concerned premises and such communication-pipes and fittings shall thereafter vest in. and shall be maintained at the expenses of, the Municipality as part of the water-works of the Municipality.
Except in the case of a special agreement to the contrary, the owner of any premises shall bear the expenses of repairs of all works connected with the supply of water thereto and, if he fails to do so, 1[the occupier may give to the owner and the Chairman three days’ notice in writing in such form as may be approved by the Municipality, and if the Municipality fails to get the repairs of all works done connected with the supply of water to the premises within three days from the date of receipt of the notice, the occupier may] himself have the repairs done and deduct the expenses for such repairs from any rent due from him to the owner in respect of such premises.
1. Substituted by section 35 of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 2.9.2002) for "the occupier may, after giving the owner and the Chairman three days’ notice in writing in such form as may be approved b
The Board of Councillors may, with the sanction of, and on such terms as may be approved by, the State Government, supply water to a local authority or other person outside the municipal area.
(1) If, at any time, it appears to the State Government that any water-works executed by, or vested in, the Board of Councillors, are maintained or run in an imperfect, inefficient or unsuitable manner, the State Government may, by order, direct the Board of Councillors or other local authority to show cause within the period specified in the order as to why the water-works with all plants, fittings and appurtenances thereof should not be handed over to the control and management of any other agency belonging to the State Government or any statutory body for such period as the State Government may fix.
(2) If no cause is shown to the satisfaction of the State Government within the period specified in the order under sub-section (1), the State Government may by order, direct that the water-works with all plants, fittings and appurtenances thereof shall be made over to such agency or
(1) No person being the occupier of any premises to which water is supplied by the Board of Councillors under this Chapter, shall, on account of negligence or other circumstances under the control of the said occupier, allow the water to be wasted, or allow the pipes, works or fittings for the supply of water in his premises to be out of repair causing thereby waste of water.
(2) No person shall unlawfully flood, draw off, divert or take water from, any water-works belonging to, or under the control of, the Board of Councillors, or from any water-course or stream by which such water-works are supplied.
(3) Any person, who contravenes the provisions of this section, shall be liable to such fine imposed by the Board of Councillors, not exceeding three hundred rupees, as may be prescribed.
(1) Notwithstanding anything contained in this Chapter the Chairman-in-Council may cut off the connection of water-supply to any premises, or may turn off such supply, in any of the following cases, namely :
(a) if the premises are unoccupied or prohibited for human habitation; or
1[(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; or]
1. Clause (aa) inserted by section 30(a) of the West Bengal Municipal (Amendment) Act. 1995 (West Ben. Act XIII of 1995) with effect from 5.9.1995).
(b) if, after receipt of a written notice from the Chairman requiring him to refrain from so doing, the owner or the occupier of the premises continued to use the water or permit the same to be
(1) No new well, tube-well, tank, pond, cistern or fountain shall be dug or constructed without the previous permission, in writing, of the Chairman-in-Council.
(2) If any such work is begun or completed without such permission the Chairman-in-Council may-
(a) by written notice require the owner or the other person who has done such work to fill up or demolish such work: or
(b) grant permission to retain such work or portion thereof on such terms and conditions as the Chairman-in-Council may consider fit to impose.
The Board of Councillors may, by order published at such places as it thinks fit, set apart any tank, well, spring or water-course or any part thereof, vested in it or, by an agreement with the owner thereof, any private tank, well, spring or water-course or part thereof, subject to any rights which the owner may retain with the consent of the Board of Councillors, for any of the following purposes, namely :
(a) for the supply of water exclusively for drinking or for culinary purposes or for both, or
(b) for the purpose of bathing, or
(c) for washing animals or clothes, or
(d) for any other purpose connected with the health, cleanliness or comfort of the inhabitants.
and may, by like order, prohibit th
The State Government may make rules to provide for the proper analysis of the water of any water-works, tank, well. spring or any water-course or other source, unused or likely to be used for drinking or culinary purposes in any municipal area and, in particular, may require the Chairman-in-Council to take samples of water in the manner prescribed and make it over at such time and place, and to such person or persons as the State Government may appoint in this behalf.
The State Government may make rules to provide for-
(a) the preparation of plans and estimates for water-works or for introduction of a public distribution net-work;
(b) the power of the Board of Councillors of the State Government to accord sanction to such plans and estimates;
(c) the publication of the particulars and the nature of any water-work or scheme, its cost. and the manner in which It is to be financed and earned out;
(d) the size and nature of water-works, mains, service-mains, pipes or channels to be constructed or laid by the Board of Councillors for the supply of water;
(e) the maintenance of municipal water-works and of pipes and fittings in connection therewith;
&nbs
The Board of Councillors may make regulations, not inconsistent with the provisions of this Act and the rules made thereunder for carrying out the purposes of this Chapter.
The Municipality shall provide and maintain a system of drainage or sewerage as well as a safe and sufficient outfall in or outside the municipal area.
(1) All public drains, and all drains in alongside, or under any public street, whether made out of Municipal Fund or otherwise, and all trunk-sewers, sewage treatment plants, drainage and pumping stations and all works, materials and things appurtenant to the drainage system, which are situated within the municipal area, shall vest in the Municipality.
(2) For the purpose of enlarging, or otherwise repairing or maintaining any drain as aforesaid, so much of the sub-soil appertaining to the drain as may be necessary shall be deemed to vest in the Municipality.
(3) The Municipality may, with the approval of the State Government make over the trunk-sewers, sewage treatment plants, pumping stations and other materials and things appurtenant thereto to any agency belonging to the Government or a statutory body, and it shall be lawful for suc
(1) All drains, sewers, privies. water-closets, toilets, house-gullies, gutters and cesspools within the municipal area, whether private or public, shall be under the survey and control of the Board of Councillors.
(2) All covered drains, sewers and cesspools, whether public or private, shall be provided with proper taps, coverings or other means of ventilation:
and the Chairman may, by written notice, call upon the owner of any such covered drains, sewers and cesspools to make provisions accordingly.
The Chairman-in-Council shall provide for the municipal drains to be cleansed, flushed and emptied from time to time.
The Chairman-in-Council may, for the purpose of receiving, treating, storing, disinfecting, distributing, or otherwise disposing of, sewage, construct operate, maintain, develop and manage any plant or other device within or outside the municipal area.
Subject to the sanction of the State Government and the rules made in this behalf, the Board of Councillors, either singly or jointly with any other local authority, may, within or without a Municipal area,-
(a) construct or maintain a system of drainage, sewers, drainage or sewage outfall, sewage treatment plants or devices, drainage and pumping stations, or
(b) from time to time, alter the size and course of, or otherwise modify or discontinue close up or remove, the system of drainage, sewers, drainage or sewage outfall, sewage treatment plants or devices, drainage and pumping stations.
The Board of Councillors may carry any drain, sewer or channel of any kind for the purpose of establishing or maintaining a system of drainage or sewerage upon, across, under or over any street or public place and, after giving a reasonable notice in writing to the owner or the occupier, upon, across, under, over or up the side of any private land or building whatsoever, situated within the limits of a municipal area, and, for the purpose of the outfall of sewage, or for drainage outfall, without such limits, and may, at all times. do all acts and things which may be necessary or expedient for repairing or maintaining any such drain, sewer or channel, as the case may be, in an effective state for the purpose for which the same may be used or intended to be used:
Provided that in the case of sudden water-logging of any area within a municipal area or any nuisances, the Chairman-in-C
The owner or the occupier of a building or land shall be entitled to cause his drains to empty into the municipal drains after obtaining the written permission of the Chairman and he shall comply with such conditions as the Chairman may deem fit to impose relating to the communications between private drains and municipal drains.
No person shall. without the written consent of the Chairman-in-Council first obtained, make or cause to be made, or alter, or cause to be altered, any drain or branch drain leading into any of the municipal sewers or drains or into any water-course, street or land vested in the Municipality, and the Chairman-in-Council may cause any drain or branch drain, so made or altered, to be demolished, altered, remade or otherwise dealt with at the expenses of the persons making or altering such drain.
If it appears to the Chairman-in-Council that a group or block of buildings may be drained more economically and advantageously in combination than separately, and if a municipal sewer or drain of sufficient size already exists or is about to be constructed within the reasonable reach of such group or block of buildings, the Chairman-in-Council may cause such group or block of buildings to be so drained, and the expenses thereby incurred shall be recovered from the owners of such buildings in such proportions as the Chairman-in-Council may deem fit.
The Chairman-in-Council may, by written notice, require drainage to be provided for any undrained premises and also require separate provisions to be made for drainage or sewage and other offensive matters as distinct from rain-water and other unpolluted subsoil water in accordance with such rules as may be made in this behalf.
(1) If, at any time, it appears to the State Government that any drainage works or sewerage works, executed under the provisions of this Chapter, or vested in the Municipality, are maintained or worked in an imperfect. inefficient or unsuitable manner, the State Government may, by written order, direct the Municipality or other local authority within the period specified in the order to show cause why the drainage works or sewerage works with all plants, fittings and appurtenances thereof should not be handed over for such period as the State Government may fix to the control and management of such agency belonging to the Government or a statutory body as may be specified in the order.
(2) If cause is not shown within the period specified in the order issued under sub-section (1) or the cause shown appears untenable, the State Government may, by order, direct that the drainage work
(1) No person shall-
(a) construct a building. wall, fence or any structure or any private street over any municipal drain, culvert or gutter or bed, bank or embankment of any sewage works or storm water channel vested in the Municipality; or
(b) otherwise encroach upon drainage and sewerage system in the municipal area:
Provided that the Board of Councillors may give consent to any such construction only for the purpose of securing access to any abutting land or building on such conditions as the Board of Councillors may think fit to impose.
(2) The Chairman may, without notice, cause to be removed or altered, any building, wall, fence or structure constructed in contravention of the provisions of this section or any unauthorised encroachment, wh
The State Government may make rules to provide for-
(a) the preparation of plans and estimates for the introduction of a system of drainage or sewerage, where such work or system is to be partly or wholly constructed or carried out at the expense of the Municipality;
(b) the power of the Board of Councillors or the State Government in the matter of sanction to such plans and estimates and responsibilities for financing and execution;
(c) the size and other particulars of drains, sewerage or channels to be constructed or laid for drainage or sewerage:
(d) the manner in which connections with the drainage or sewerage system shall be constructed, altered or maintained, the fees to be levied for such connections and the person by whom such fees shall be
The Board of Councillors may make regulations-
(a) requiring every person, who intends to construct, repair, add to or alter a house-drain or cess-pool, to submit an application to the Municipality with such plans and other particulars as may be determined, and providing for conditions for giving and refusing of sanction to such application;
(b) providing for the materials, size, slope, level or position of drains generally and their construction, repair and maintenance:
(c) not inconsistent with this Act and the rules made thereunder, to provide for any item not specifically laid down but which is necessary to carry out the purposes of this Act.
For the purpose of securing the efficient scavenging and cleansing of all streets, public places and premises within a Municipality, the Board of Councillors shall provide for the functions of collection, removal and disposal of solid wastes.
(1) The Municipality 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).
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 Chairman may by public notice, specify, in public receptacles, depots or places provided or appointed by the Municipality 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 Chairman for the collection therein of all rubbish and offensive matters from such premises and to keep such receptacles in good o’ condition and repair.
(1) The Chairman shall take measures for securing-
(a) the daily surface-cleansing of all streets within a municipal area 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 Municipality under the provisions of this Act for the temporary deposit of rubbish, trade refuse, carcasses of dead animals and excrementitious and polluted matters;
(c) the removal of special wastes and hazardous wastes and other solid wastes from premises.
(2) The Chairman may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street
All matters deposited in public receptacles, depots and places provided or appointed by the Municipality and all solid wastes collected shall be the municipal property.
(1) The Municipality shall provide vehicles or other suitable means and, where necessary, covered vehicles or vessels for the removal of solid wastes.
(2) The Municipality 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).
The Chairman-in-Council may, if it 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
The Chairman may cause the solid wastes to be disposed of at such place or places within or outside the municipal area 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).
(1) The Board of Councillors may, for the purpose of receiving, storing, treating, processing and disposing solid wastes or converting such sold wastes into compost or other matter, construct, acquire, operate, maintain, develop, and manage any work within or outside the municipal area and run it on a commercial basis.
(2) The Board of Councillors may cause to be utilised solid wastes for filling up any well, tank or low land on a commercial basis within or outside the municipal area.
(1) The Chairman may make such special arrangements, whether permanent or temporary, as he considers adequate for maintaining sanitation in the vicinity of any place of religious worship or institutions or places to which large number of persons resort on particular occasions or in anyplace used for holding fairs, festivals, sports or cultural or social events.
(2) The Chairman may require any person having control over any such place to pay to the Municipality fees at such rates as the Board of Councillors may, from time to time, determine.
(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 Municipality or any land 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 provisions of this section, no person shall deposit or cause or permit to be deposited any building rubbish or scraps in or along any street, public place or land except with the prior permission of the Chairman:
Provided that no such permission shall be given until an advance payment of a fee for the removal of such rubbish or scraps has been made in accordance with such rates as may be determined by the Board of Councillors from time to time.
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.
Whoever 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 rules and regulations as may be made in this behalf, be punishable with fine which shall not be less than fifty rupees or more than five thousand rupees for each of such offences.
If any street or public place under the control of Government or any statutory body is not properly or regularly scavenged or is, in the opinion of the Chairman. In a filthy and unwholesome condition, the Chairman 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, as the case may be.
(1) The Board of Councillors may provide and maintain municipal markets, slaughter houses or stockyards in such number as it may think 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 the municipal area.
(3) A municipal market or a slaughter house or a stockyard shall be under the control of the Chairman.
(1) No person shall, without the general or special permission in writing of the Chairman-in-Council, sell or expose for sale any commodity or article or animal or bird in any municipal market or utilise any space within the municipal market for any other purpose.
(2) Any person contravening the provisions of sub-section (1), and any commodity. animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Chairman.
The Board of Councillors may-
(a) charge such premium, stallage, rent or fee as may, from time to time, be fixed 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.
(ii) 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 slaughter house, and for the feed of such animals before they are ready for slaughter: or
(b) farm out the stallage, rent or fee chargeable as aforesaid or any portion thereof for such per
(1) The Board of Councillors shall publish the terms and conditions for premium to be charged in such manner as it may decide.
(2) 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 Board of Councillors may direct, shall be affixed in some conspicuous place in the market or the slaughter house, as the case may be.
(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 Board of Councillors under the provisions of this Chapter on such terms and conditions as the Board of Councillors may determine.
(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 as the Chairman-in-Council may, by public or special notice, impose in this behalf, or
(b) to prevent the Board of Councillors from setting apart any place for the slaughter of animals in accordance with the relig
(1) The Chairman-in-Council may, after giving the parties concerned an opportunity of being heard and in accordance with such rules and regulations as may be made in this behalf-
(a) expel from any municipal market. municipal slaughter house or municipal stockyard, for such period as it may think fit, any person who or whose employee has been found contravening any regulations made under this Act and in force in such market, slaughter house or stockyard;
(b) prevent such person as aforesaid 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 the stallages or rents or any other dues to the Municipality ti
(1) No commodity or article or animal or bird 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 Board of Councillors.
(2) Any person contravening the provisions of sub-section (1) and any commodity or article or animal or bird exposed for sale by such person may be summarily removed by or under the order of the Chairman.
(1) No person shall, without or otherwise than in conformity with a licence from the Board of Councillors. carry on the trade of butcher, fishmonger, poulterer or importer of flesh intended for human food or use any place for 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 Board of Councillors may, by general order made in this behalf, require in token of the fact that the animal has been slaughtered in a municipal or licensed 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 sealed receptacles.
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Board of Councillors in this behalf,-
(a) hawk or expose for sale in any place any article whatsoever, whether it is for human consumption or not; or
(b) use in any place his skill in any handicraft or render services to the public for their convenience for the purpose of gain or making a living.
(1) If the Chairman-in-Council or any person authorised by it 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 thereat and may seize any such animal or the carcass of such animal or such flesh found therein.
(2) The Chairman-in-Council may remove and sell by auction or otherwise dispose of any animal or carcass bf any animal or any flesh seized under subsection (1).
(3) If, within one month of such seizure, the owner of the animal, carcass or
(1) Subject to the provisions of the Prevention of Food Adulteration Act, 1954 (37 of 1954), or any other law for the time being in force, the Chairman-in-Council may cause inspection and analysis of any food, drug, edible oil, milk, or similar item of human consumption or any utensil or vessel used for preparing or storing any such thing.
(2) If, upon inspection or analysis, any such item for consumption as aforesaid is, in the opinion of the Chairman for the officer or the employee authorised by him in this behalf, including a 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 may 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.
&
The Board of Councillors may. 1[with the prior approval of the State Government,] undertake the formulation, execution and running of commercial projects including market development schemes or industrial estates, or open depots for trading in essential commodities, or maintain bus or truck terminals together with commercial complexes, or run tourist lodges or centres along with commercial activities, or carryon similar projects on commercial basis.
1. Substituted by section 11 of the West Bengal Municipal (Amendment) Act, 2003 (West Ben. Act XIII of 2003) (with effect from 1.10.2003) for "with the prior information to the State Government.".
(2) All the provisions of this Chapter shall apply mutatis mutandis to the commercial ventures undertaken by the Board of Councillors under this section.
On the coming into force of the West Bengal Fire Services Act, 1950 (West Ben. Act XVIII of 1950), in any municipal area, the Municipality 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 the municipal area to make, or to carry, such arrangements as may be necessary for fire prevention and fire safety in the municipal area, and issue a fire safety certificate on such conditions as the State Government may prescribe from time to time.
Explanation - "Director of Fire Services" shall mean the Director of Fire Services referred to in clause (e) of section 2 of the West Bengal Fire Services Act, 1950.]
(1) The Board of Councillors may define the external limits of any bustee or slum and may, from time to time, alter such limits.
(2) The Board of Councillors shall maintain a list of all bustees or slums within the municipal area with such particulars thereof as may be prescribed.
(1) Notwithstanding anything contained in any other law for the time being in force, the Board of Councillors may, subject to the approval of the State Government, prepare such improvement schemes for any bustee or slum for the purpose of effecting environmental or general improvement of bustees or slums as it may consider necessary, and publish a copy of such scheme in such manner as may be prescribed.
(2) The improvement scheme may include lay-out plan for the entire bustee or slum or a part of it, relocation of existing huts or structures on the basis of such layout plan, diminution of individual holdings and compulsory acquisition of land or building for the purpose of providing common facilities and amenities in the bustee or slum area, temporary shifting of inhabitants and their resettlement in phased manner with a view to augmenting such civic amenities and services as the B
After the publication of an approved improvement scheme, under sub-section (1) of section 287, the Board of Councillors shall cause a notice to be served on such owners or occupiers of huts and structures within the bustee or slum as are on municipal record, inviting participation in the implementation of the scheme.
Upon an improvement scheme being implemented the Board of Councillors may provide for management of the common areas and facilities created in course of such implementation, by establishment of a users’ committee or a co-operative society of the owners or the occupiers on the model of a housing co-operative society under the West Bengal Co-operative Societies Act, 1983 (West Ben. Act XLV of 1983), and such management shall be binding on the owners or the occupiers, as the case may be, coming within the purview of the scheme.
Notwithstanding anything contained elsewhere in this Act, the Board of Councillors may require a person intending to erect a hut or structure within a bustee or slum to conform to the lay-out plan as may be prepared by the Board of Councillors in respect of any bustee or slum or any part thereof.
(1) Where it appears to the Board of Councillors 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 or the want of proper drainage and ventilation or the impracticability of cleansing the buildings or any other similar cause, the Chairman shall cause the block to be inspected by a public health engineer who shall make a report in writing regarding the sanitary condition of the block.
(2) If, upon receipt of such report, the Board of Councillors 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 to endanger otherwise the community health or safety, it may select the buildings which, in its opinion, should wholly or in part be removed in order to abate the
(1) Where the Board of Councillors, upon information in its possession, is satisfied that any building is, in any respect, unfit for human habitation, it may, unless, in its opinion, the building is not capable of being rendered fit at a reasonable expense, serve upon the owner of the building a notice requiring him to execute the works of improvement specified in the notice within such period, not being less than sixty days, as may be specified in the notice.
(2) In addition to the service of notice on the owner of the building under sub-section (1), the Board of Councillors may serve a copy of the notice on any other person having an interest in the building, whether as a lessee or mortgagee or otherwise.
(3) If a notice requiring the owner of the building to execute the works of improvement is not complied with, then after the expirat
Where the Board of Councillors, upon information in its possession, is satisfied as respects any area within a municipal 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, or
(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 area development programme. it may frame a project in respect of the area in accordance with the rules made in this behalf.
An area development project may provide· for such matters as may be prescribed by rules.
(1) The provisions of this Chapter in so far as they relate to the implementation of an improvement scheme in a bustee or slum, apply mutatis mutandis in the case of execution of an area development project.
(2) The Board of Councillors may, if it considers necessary and with the sanction of the State Government, provide for corporate funding for execution or maintenance of an area development project and channelise fund through an association of inhabitants or voluntary organisation of the area and also secure financial resources from banks or similar institutions to augment such fund which may be administered by such association in accordance with such procedure as may be prescribed.
Subject to the provisions of this Act, the Board of Councillors may acquire any land or building, whether situated within or outside the municipal area, for the purpose of-
(i) opening out any congested or unhealthy area or otherwise improving any portion of the municipal area; or
(ii) erecting sanitary dwellings or providing site and services for the working and poorer people; or
(iii) executing any development plan or scheme to provide for the growth of the municipal area in an orderly manner, including housing programme for different sections of the community.
(1) The Board of Councillors shall prepare of Draft Development Plan for the municipal area or notified area, as the case may be, in consultation with the District Planning Committee for a period of five years, and shall submit to the Urban Development Sub-Committee atleast one year before completion of the term of the preceding Draft Development Plan:
1. Section 297 substituted by section 20 of the West Bengal Municipal (Amendment) Act, 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998), which was earlier as under :
"297. Power of Municipality to plan for the region. - (1) Subject to the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979), the State Government may, by notification, declare an area to be an Urban Development Region of a Municipality comprising-
A financial statement shall be submitted with the Draft Development Plan containing-
(a) detailed particulars about the quantum of finance available for conducting the development programme under the said Draft Development Plan from-
(i) own resources of the Municipality or the Notified Area Authority, as the case may be, with source-wise break-ups; and
(ii) corporate sector or household sector;
(b) the following particulars in detail :
(i) credit plan or the terms and conditions for availing of the finance from corporate sector or household sector;
(ii) sources of fund for repayment of credit, if taken from corporate sector or house-hold sector and the manner
The Board of Councillors may, at any time but not more than once in every three years, propose to the District Planning Committee any revision or modification of the Draft Development Plan.]
1. Section 299 substituted by section 22 of the West Bengal Municipal (Amendment) Act, 1997 (West Ben. Act XXXII of 1997) (with effect from 18.3.1998), which was earlier as under:
"299. Urban Development Committee. - (1) The State Government may, for the purpose of formulation of a master plan for an Urban Development Region or implementation of any project or scheme in pursuance thereof or for carrying out any activity arising out of it, constitute an Urban Development Committee or Urban Development Committees for any area or areas outside the municipal area.
(2) Whenever any Urban Development Committee i
(1) The Board of Councillors shall prepare an Annual Development Plan for a period of one financial year, covering only the relevant portion of the Draft Development Plan for the concerned period, in consultation with the District Planning Committee, and submit the same to the State Government within the last week of the month of October of the year preceding the period for which the Annual Development Plan shall be prepared.
(2) The Annual Development Plan shall be prepared in accordance with the provisions of sub-section (2) of section 297 and section 298, which shall apply mutatis mutandis.
(3) The State Government shall, on receipt of the Annual Development Plan, consider it in the light of the availability of fund for the purpose and shall, thereafter, approve the Annual Development Plan with necessary modification, if any.
(1) All planning and developmental activities in an Urban Development Region under this Chapter shall be carried out under the overall supervision and control of the Board of Councillors of the concerned Municipality.
(2) The Board of Councillors may, by a written notice, require the owner or the occupier of any land or building situated within an Urban Development Region to submit such particulars relating to land or building, and such other information, as the Board of Councillors may deem necessary.
(3) It shall be incumbent upon every owner or occupier to comply with the requirement of the notice under sub-section (2) and to carry out all instructions given by the Board of Councillors in furtherance of the provisions of this Chapter.
(4) The Board of Councillors may, in carrying out the pu
The State Government may make rules providing for-
(a) the procedure of functioning of an Urban Development Committee.
(b) the method of preparation and enforcement of a master plan,
(c) the conditions of involvement of voluntary organisations, and
(d) such other matters as may be necessary to carry out the provisions of this Chapter.
Notwithstanding anything contained elsewhere in this Act, but subject to the proviso to sub-section (5) of section 1. the provisions of this Chapter shall apply only to the Municipalities in the hill areas and shall be construed to be in modification of, or to be supplementing, the other provisions of this Act in their application to such Municipalities.
(1) The word "drain" as defined in clause (16) of section 2 shall, in the case of a Municipality in the hill areas, include a jhora, or water-course of natural drainage line, and the State Government may, for the purposes of this Act, specify, by notification, the limits of any jhora, water-course, channel or natural drainage line within a municipal area in the hill areas.
(2) For the purposes of Chapter XIV, in its application to the Municipalities in the hill areas, the expression "masonry building" shall include a framed building.
In this Chapter-
(i) "Government road" means a road, street, square, court, alley or passage maintained by the Central or the State Government or at the public expense;
(ii) "private bridge" means any bridge which is not a public bridge as defined in this section;
(iii) "private drain" means any drain which is not a public drain as defined in this section;
(iv) "private road" means any road, street, square, court, alley or passage which is not a public road or Government road as defined in this section;
(v) "public bridge" means a bridge on or over which a public road or any public work is carried, and which is, for the time being, vested in the Board of Councillors;
(1) If it appears to the Board of Councillors that any public road or part thereof-
(a) threatens the stability or security of any hillside or bank or any immovable property thereon, or
(b) cannot, in consequence of its condition or its situation with reference to any adjacent hillside or bank, be efficiently maintained or repaired except at a cost which, in its opinion, is unreasonable, the Board of Councillors may, by public notice, declare such public road or part thereof to be absolutely closed after providing other reasonably sufficient means of access to holdings adjacent to such public road or part thereof, if no such means or access already exists.
(2) From the date of any notice published under sub-section (1) in respect of any public road or part thereof,1he Board of Councillors sha
If it appears to the Board of Councillors that the existence of any private road threatens the stability or security of any hillside or bank or any immovable property thereon, it may, by written notice, require the owner of such private road to close the road and to take such measures as may be considered necessary for the stability or security of such hillside, bank or property or as may be specified in the notice:
Provided that no notice shall be issued under this section in respect of any private road which constitutes the only approach to a building, unless, in the opinion of the Board of Councillors, another road affording a suitable approach to the building can be constructed at reasonable expense.
The Board of Councillors may close temporarily any public road or part of a public road for the purpose of repairing such road, or for the purpose of constructing any sewer, drain or bridge, or for any other purpose:
Provided that the Board of Councillors shall provide reasonable means of access to persons occupying holdings adjacent to such road.
All private roads and bridges shall be subject to the inspection and control of the Board of Councillors.
(1) Every person who intends to construct, reconstruct or alter a private road shall send to the Board of Councillors an application for permission to execute the work.
(2) Every such application shall be accompanied by such document and particulars as may be prescribed.
(3) Every person applying for permission to construct, reconstruct or alter a private road shall further mark out on the round the alignment of the road for inspection by the Board of Councillors or an officer authorised by it in this behalf.
(4) The permission referred to in sub-section (1) may be granted or refused or granted subject to any condition which the Board of Councillors may think fit to impose in accordance with such rules as may be made in this behalf.
(5) No work ref
If it appears to the Board of Councillors that any private road is so situated or is in such condition that it threatens the stability or security of any hillside or bank or any immovable property thereon, it may, by written notice, require the owner of such private road,-
(a) to reconstruct, regrade, divert, alter or repair such private road, or
(b) to make a revetment or retaining-wall on either side or both sides of such private road, or
(c) to take such other measures as may be specified in the notice.
If it appears to the Board of Councillors that it is necessary to provide any waterway on any private road or to enlarge any waterway provided on any private road, it may, by written notice, require the owner of the such private road-
(a) to provide and maintain such waterway, or
(b) to enlarge the existing waterway, as the case may be.
Whenever any private road is to be constructed, reconstructed, regraded, diverted, altered or repaired or whenever any waterway on any private road is to be provided or enlarged, the work shall be executed in accordance with such rules, in so far as they are applicable to such private road or waterway, as may be made in this behalf.
Whenever any building, wall, revetment or other erection or any part thereof, or any stone, tree, soil or debris from private premises falls down and obstructs any public or private road or drain, the Board of Councillors may cause the obstruction to be removed and take all measures incidental thereto, and recover the expenses thereof from the owner of the premises from Which those have fallen, unless the owner himself causes such removal.
(1) Every person who intends to construct, reconstruct, alter, stop up or obstruct any private drain, shall send to the Board of Councillors an application for permission to execute the work.
(2) Every such application shall be accompanied by a general description of the drain.
(3) The permission referred to in sub-section (1) may be granted or refused or granted subject to any conditions which the Board of Councillors may think fit to impose in accordance with such rules as may be made in this behalf.
(4) No work referred to in sub-section (1) shall be commenced without the written permission of the Board of Councillors.
(1) The Board of Councillors may, by written notice, require the owner of any land or building-
(a) to reconstruct, enlarge, extend, alter, repair, make efficient, stop up or remove any drain belonging to such land or building, or
(b) to alter the inclination or direction of any such drain, or
(c) to provide for any such drain or such movable covers or gratings as may be specified in the notice, or
(d) to carry any such drain to such point of outlet, or junction with some other drain, as may be specified in the notice.
(2) The Board of Councillors may, by written notice. require the owner or the occupier of any building-
(a) to provide and maintain a suffici
If any land or building is not drained to the satisfaction of the Board of Councillors, it may, by written notice, require the owner-to provide a drain therefor, at such inclination, and to such point of outlet or of junction with some other drain, as may be specified in the notice.
(1) If it appears to the Board of Councillors that any land or building belonging to different owners may be drained or the drainage thereof may be improved more economically or advantageously in combination than separately, the Board of Councillors may cause such lands or buildings to be drained, or the drainage thereof to be improved, in such manner as it may consider fit.
(2) The Board of Councillors may cause any drain, which has been provided or improved under sub-section (1), to be maintained or repaired in such manner as it may consider fit.
(3) All expenses incurred under sub-section (1) or sub-section (2) shall be paid by the owners of the lands or the buildings, as the case may be, in proportion to the benefits derived by them, in such manner as may be determined by the Board of Councillors.
If it appears to the Board of Councillors that any building or portion of a building or any thing affixed to a building or any wall or structure on any land is in such condition as threatens the stability or security of any hillside or bank or any immovable property thereon, the Board of Councillors may, by written notice, require the owner of such land or building-
(a) to take down such building, portion, thing, wall or structure and remove the materials, or
(b) to secure or repair such building, portion, thing, wall or structure in such manner as may be specified in the notice, or to make a revetment for the support thereof or to take such other measures as may be specified in the notice, and
(c) in the case of the matter referred to in clause (a), also to take such measures with regard to
If it appears to the Board of Councillors that the condition or situation of any hillside or bank, being private property, is such as threatens the safety of any building or the safety of such building cannot be ensured by taking action under any other provision of this Act or such building threatens the safety of some other building, it may, by written notice, require the owner of the first mentioned building-
(a) to take down the building and remove the materials, or
(b) to secure the building in such manner as may be specified in the notice or to make a revetment for the support thereof or to take such other measures as may be specified in the notice, and may also, by written notice, require the owner of the other building to secure the same in such manner as may be specified in the notice or to make a revetment for the support there
(1) If it appears to the Board of Councillors that the condition or the situation of any land. being private property, is such as threatens the stability or security of any hillside or bank or any immovable property thereon, the Board of Councillors may, by written notice, require the owner of the land to do all or any of the following things, namely :
(a) to construct and maintain a revetment, retaining-wall or toe-wall upon any part of the land; or
(b) to reconstruct, enlarge, strengthen, alter or repair any revetment, retaining-wall or toe-wall already standing on the land; or
(c) to turf the land or any portion thereof; or
(d) to slope the land or any portion thereof.
(2) If any owner to whom a not
If it appears to the Board of Councillors that lands or buildings belonging to two or more owners may be protected by the execution of works more economically or advantageously in combination than separately, the Board of Councillors may cause such works or any of them to be executed, maintained and kept in repairs; and the expenses thereby incurred shall be recovered from the said owners in such proportions as the Board of Councillors may direct.
The Chairman-in-Council may, at any time, for reasons to be recorded in writing, cause any revetment, retaining-wall or toe-wall to be constructed, reconstructed. Enlarged, strengthened, altered or repaired on any private land immediately abutting upon any public road, drain, revetment or retaining-wall; and the expenses thereby incurred shall be shared by the Municipality with the owner of such land in such proportion as the Chairman-in-Council may direct.
Whenever any revetment, retaining-wall or toe-wall is to be constructed, reconstructed, enlarged, strengthened, altered or repaired, or any land is to be turfed, or sloped, the work shall be executed in accordance with such rules, in so far as they are applicable to such work, as may be made in this behalf.
(1) If it appears to the Chairman-in-Council that any building or the site thereof is, in consequence of its condition or of its situation with reference to any hillside or bank, unsafe, it may, by written notice, prohibit the owner or any other person from occupying or continuing to occupy such building or from permitting it to be occupied until the building or the site, as the case may be, is rendered safe to the satisfaction of the Chairman-in-Council.
(2) If it appears to the Chairman-in-Council that the drainage of, or the latrine accommodation provided for, any masonry or framed building is defective, it may, by written notice, prohibit the owner from letting the building for occupation until the defects have been remedied to its satisfaction.
(1) In addition to any rule that the State Government may make under this Act, the Board of Councillors in the hill areas may, at a meeting, make regulations-
(a) prohibiting the cutting or destroying of trees or shrubs, planting and maintenance of particular kinds of trees or shrubs, prohibiting the making of excavations or removal of soil or quarrying, providing for the alteration, repair and proper maintenance of buildings and compounds, closing of roads and by-paths, and general protection of the surface land on any hiliside, where such regulations appear to the Board of Councillors to be necessary for the maintenance of water-supply, preservation of soil, prevention of landships or of formation of ravines or torrents, and protection of land against erbsion or deposit thereon of sand, gravel or stones;
(b) providing for road, or la
(1) If any structure is deemed by the Board of Councillors to be in ruinous state and dangerous to the passers-by or to the occupiers of neighbouring structures, the Board of Councillors may by notice require the owner or the occupier to fence off, take down, secure or repair such structure to prevent any danger therefrom within such period as may be specified in the notice.
(2) If immediate action is necessary, the Board of Councillors shall, before giving such notice or before the period specified in the notice expires, fence off, take down, secure or repair such structure or fence off a part of any street or take such temporary measures as it may, think fit to prevent danger, and the cost of doing so shall be recoverable from the owner or the occupier as an arrear of tax under this Act.
(3) If, in the opinion of the Chairman-in-Counci
(1) If any tree or any branch of a tree or the fruit of any tree overhangs or is likely to fall and thereby endanger any person or any structure, well or tank, the Chairman may by notice require the owner of such tree to secure, lop or cut down the tree to prevent any danger therefrom.
(2) If immediate action in respect of any tree or any branch of a tree or the fruit of any tree referred to in sub-section (1), is necessary, the Chairman shall, before giving such notice or before the period specified in the notice expires, secure, lop or cut down such tree or remove the fruit thereof or fence off a part of any street or take such other temporary measures as he may think fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree as an arrear of tax under this Act.
(1) If any tank, pond, well, hole, stream, dam, bank, or other place appears to the Board of Councillors to be, for want of sufficient repair, protection or enclosure, dangerous to the passers-by or to persons living in the neighbourhood the Board of Councillors may by notice require the concerned owner to fill in, remove, repair, protect or enclose such tank, pond, well, hole, stream, dam, bank or other place, as the case may be, to prevent any danger therefrom within such period as may be specified in the notice.
(2) If immediate action in respect of any tank, pond, well, hole, stream, dam, bank or other place referred to in sub-section (1), is necessary, the Chairman-in-Council shall, before giving such notice or before the period specified in the notice expires, take such temporary measures as it may think fit to prevent danger, and the cost of doing so shall be recoverable fro
If, in the opinion of the Board of Councillors. the working of any quarry or the removal of stone, earth, coal or other material from any place is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Board of Councillors may require the owner or the person having control of such quarry or place to discontinue the working of the same or to discontinue the removal of stone, earth, coal or other material from such place or to take such order with such quarry or place as it may deem necessary, for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom.
(1) The Board of Councillors may by notice require the owner of any structure, booth or tent partly or entirely composed of, or having any external roof, verandah, pandal, or wall partly or entirely composed of, cloth, grass, leaves, mats, or other inflammable materials, to remove or alter such tent, booth structure, roof, verandah, pandal or wall, or may grant him permission to retain the same on such conditions as the Board of Councillors may think necessary to prevent danger from fire.
(2) The Board of Councillors may by notice require any person using any place for the storage for private use of timber, firewood, or other combustible things to take special steps to guard against danger from fire.
(3) Where the Chairman-in-Council is of opinion that the means of egress from any building are insufficient to allow safe exit in the event
(1) No new well, tube-well, tank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the Board of Councillors.
(2) The Board of Councillors may grant such permission, subject to such conditions as it may deem necessary, or may, for reasons to be recorded in writing, refuse such permission.
(3) If any work is begun or completed without permission as aforesaid, the Chairman-in-Council may-
(a) by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Chairman-in-Council may direct, or
(b) grant permission to retain such work for reasons to be recorded in writing, in exceptional circumstances if such retention is not otherwise objectionable:
&nbs
(1) If, in the opinion of the Chairman-in-Council, any pool, ditch, tank, well, pond, swamp, quarry, hole, drain, cesspool, watercourse, pit, cistern, desert or air-cooler, ground, underground, or overhead tank or any collection of water, or any land on which water may, at any time, accumulate, is or likely to become a breeding place of mosquitoes or, in any other respect, becomes a nuisance, the Chairman-in-Council may by notice require the owner or the person having control thereof to take all or any of the following actions :-
(a) to clean, or drain off or remove water therefrom, or to provide cover thereto. or
(b) to have any courtyard, lane, passage, or open space paved with such material, and in such manner, as may be directed by the Chairman-in-Council, to keep such paving in proper repair, or to raise the level of such courtyard,
The Board of Councillors, on the report of the Director of Health Services or the Chief Medical Officer of Health of the district or upon any expert opinion that the cultivation or practices relating to the cultivation of any description of crop or the use of any kind of pesticide or manure or the irrigation of any land in any place within the limits of the municipal area is injurious to the public health, may, with the previous sanction of the State Government, by public notice regulate or prohibit the cultivation or any practice relating to cultivation, or use of any pesticide or manure or Irrigation so reported, to be injurious.
(1) The Chairman-in-Council may by notice require the owner of, or the person having control over, any private water course, spring, tank, well or other place, the water of which is used for drinking, bathing, or washing purposes to keep the same in good repair and to cleanse it of silt, refuse or vegetation and to protect it from pollution by surface drainage in such manner as the Chairman-in-Council may think fit.
(2) If the water of any place which is used for drinking, bathing or washing purposes, as the case may be, is proved to the satisfaction of the Chairman-in-Council to be unfit for any such purpose, the Chairman-in-Council may by notice require the owner or the person having control thereof-
(a) to refrain from using, or permitting the use of, such water, or
(b) to close or fill up
(1) The Chairman-in-Council shall maintain in a clean condition all well, tanks and reservoirs which are not private property and may fill them up or drain them when it appears necessary so to do.
(2) All wells, tanks and reservoirs as aforesaid, when maintained by the Municipality, shall be open to use and enjoyment by all members of the public.
The Chairman-in-Council may, in the interest of public health, regulate or prohibit the washing of animals, clothes or other things or fishing in any public spring, tank, well, public water course or part thereof within the municipal area and may set apart any such place for drinking or bathing or washing clothes or animals or for any other specified purpose.
(1) The Board of Councillors may construct or provide and maintain public toilets and wash-houses or places for bathing or washing of clothes, and may require the payment of such rents, and fees for the use of any such toilet, wash-house or place as it may determine.
(2) The Board of Councillors may farm out the collection of such rents and fees for any period, not exceeding three years at a time, on such terms and conditions as it may think fit.
(1) The Chairman-in-Council may by public notice prohibit the washing of clothes by washermen in pursuance of their calling, within the municipal area except at-
(a) public wash-houses or places maintained or provided for the purpose, or
(b) such other places as the Chairman-in-Council may appoint for the purpose, if sufficient number of public wash-houses are not maintained or provided.
(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 and within the premises of the hirer, at any place within the limits of the municipal area other than a public wash-house or place maintained or appointed under this Act.
No person shall-
(a) bathe in or in any manner defile, water in any place set apart by the Municipality or by the owner thereof for drinking only; or
(b) deposit any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purpose; or
(c) wash clothes in any place set apart as aforesaid for drinking or bathing purposes; or (d) wash any animal or any cooking utensils or wool, skins or other foul or offensive substance or deposit any offensive or deleterious matter in any place set apart as aforesaid or bathing purpose or washing clothes; or
(e) cause or suffer to dram. into or upon any place set apart as aforesaid for drinking, or bathing purpose or washing clothes or cause or suffer anything to be brought th
If any building or land, by reason of abandonment, disputed ownership or other cause, remains unoccupied, and thereby becomes a resort of idle and disorderly persons or if, in the opinion of the Chairman-in-Council, becomes a nuisance, the Chairman-in-Council may, after due inquiry by notice, require the owner or the person claiming to be the owner to secure, enclose, clear or cleanse the same.
(1) If it appears to the Chairman-in-Council that any dwelling-house or other building, which is used as a dwelling-place, or any room in such dwelling-house or building, is generally so overcrowded as endangers the health or safety of the inmates thereof, it may, by a written notice, require the owner or the occupier of the building or the room to abate such overcrowding by reducing the number of lodgers, occupants or other inmates of the building or room within such time, not exceeding four weeks, as may be specified in the notice, or may pass such order as it may deem just and proper.
(2) The Chairman-in-Council may, by written order, declare the extent of surface or cubic space which shall be deemed, for the purposes of sub-section (1), to be necessary for each occupant of a building or room.
(3) It shall be incumbent on every tenant
No person shall feed any animal, or permit any animal, which is kept for dairy purpose or may be used for food, to be fed, on filth.
No person shall use, or permit to be used, any land or premises for keeping cattle, horse, pig, dog, or other quadruped animal or any kind of bird for any purpose whatsoever without, or otherwise than in conformity with, the terms of a licence granted by the Board of Councillors on payment of such fees as may be determined by the Board of Councillors by regulation:
Provided that the Board of Councillors may, by a written order, exempt any class of animal or bird from such licence or from any purpose for which such class of animal or bird may be kept.
(1) If any cattle, horse, pig, dog, or other four-footed animal or bird is kept on any land or premises in contravention of the provisions of this Chapter or is found roaming or straying or tethered on any street or public place or is found causing nuisance or danger to the public, the Chairman may direct any officer or employee of the Municipality to seize such cattle, horse, pig, dog or other four-footed animal or bird and may cause it to be impounded or removed to and maintained in such place as may be appointed by the Municipality for this purpose; and the cost of such seizure and impounding or removing and maintenance shall be recoverable by sale of such animal or bird, as the case may be, by auction:
Provided that any person claiming such animal or bird may, within seven days of such seizure get it released on his paying all the expenses incurred by the Municipality in seizin
The Chairman 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 a licence 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 confined and cause them to be otherwise dealt with or destroyed, if necessary.
(1) Whenever the Chairman is of opinion that the user of any premises for keeping any animal or bird, even if licensed, is causing a nuisance and that such nuisance should immediately be stopped, the Chairman 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 Chairman or any other officer authorised by him in this behalf may cause such use of such premises to be stopped forthwith by such means as he thinks fit and direct such owner or occupier to show cause why the licence for keeping the animal or the bird, as the case may be, shall not be cancelled.
(3) If such owner or occupier does not show cause to the satisfaction of the Chairman or if the nuisance is not abated, the nuisance
Subject to the provisions of any other law for the time being in force for removal of khatals, the Board of Councillors may make regulations specifically for control of khatals within the municipal area or removal of khatals therefrom. Such regulations may provide for restricting the khatals within a specified zone or zones or setting up of milk colony exclusively for rearing of cattle within or outside the municipal area and seizure of animals for violation of regulations and penalty for offenders.
(1) The Chairman-in-Council may require, by written notice, the owner or the occupier of any land or building to comply with any of the following within such period as may be specified in the notice ;-
(a) to close, remove, alter, repair, cleanse, disinfect or otherwise put to order any cesspool, drain, receptacle for sewage, septic tank or any other type of latrine;
(b) to require such cesspool, drain, receptacle for sewage, septic tank or other type of latrine to be provided for any land or building, whether or not in addition to the existing ones:
(c) to cause any service privy or urinal in any land or building to be converted into or replaced by sanitary latrine of specified design, model or standard;
(d) to provide specified devices to the exis
Subject to the provisions of this Act and of any other law for the time being in force, the Board of Councillors may take measures for abatement of any nuisance caused by the pollution of noise, foul odour, visual irritation, sensory annoyance, respiratory affection or the like in such cases and manners, and by fixing such standards as may be prescribed.
It shall be the duty of the Board of Councillors to take such measures as are necessary for preventing or checking the spread of any dangerous disease in the municipal area or of any epidemic disease among any animal therein by way of mass inoculation, vaccination, immunisation and disinfection.
Any person being in charge of, or in attendance upon, whether as a medical practitioner or otherwise, any other 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 as respects the existence of such disease to the Chairman.
The Chairman 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, cause inspection of any place in which any dangerous disease is reported or suspected to exist, and take such measures as he may think fit to prevent the spread of such disease beyond such place, and shall ’forthwith submit a report to the State Government.
(1) If the Chairman is of opinion that the cleansing or disinfection of any building or any part thereof or of any article in such building or part thereof will tend to prevent or check the spread of any dangerous disease, he may by notice require the owner or the occupier to cleanse and disinfect such building or part thereof or of any article therein in such manner and within such time as may be specified in the notice.
(2) The Chairman may, if he thinks fit, cause such cleansing or disinfection to be done by the employees of the Municipality and may by notice require the occupier of such building or part thereof to vacate the same for such time as he may specify in the notice.
(3) The cost of cleansing or disinfecting under sub-section (2) shall be paid,-
(a) in the case of any building or
(1) Where the destruction of any building, structure, hut or shed is, in the opinion of the Chairman-in-Council, necessary to prevent the spread of any dangerous disease, it may by notice in writing require the owner to destroy the building, structure, hut or shed and the materials thereof within such time as may be specified in the notice.
(2) Where the Chairman-in-Council is satisfied that the destruction of any building, structure, hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or the occupier thereof to destroy the same forthwith or may cause it to be destroyed after giving not less than six hours notice to the owner or the occupier, as the case may be.
(3) Compensation may be paid by the Board of Councillors, in such case as it may think fit, to any pers
The Chairman 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, 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 Medical Officer of Health of the district certifies that it has been disinfected or is free from infection.
When the municipal area or any part thereof is visited or threatened by an outbreak of any dangerous disease, the Chairman 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 of drug for human consumption, or the sale of any fish, flesh, fruit or vegetable of any description, or the use any container or packages, as may be specified in the notice.
If the Chairman is of opinion that the water in any tank or other place is likely to endanger human life or cause the spread of any disease. he may-
(a) by public notice prohibit the use of such water for consumption; or
(b) by notice in writing require the owner or the 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.
(1) In the case of any municipal area or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Chairman, 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 approval of the Board of Councillors,-
(a) take such special measures, which many extend to destruction of the sources of infection like foodstuff, drugs, drinks, flesh, fish, fruits, vegetables, articles, containers, packages or clothing, as may be necessary, 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:<
Where any person dies from any dangerous disease, the Chairman may, by notice in writing,-
(a) require any person having charge of the corpse to carry the same to mortuary for being disposed of in accordance with law. or
(b) prohibit the removal of the corpse from the place where death occurred, except for the purpose of being burnt or buried or being carried to a mortuary.
No person shall, while suffering from, or in circumstances in which he is likely to spread, any dangerous disease,-
(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.
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 who 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;
(d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection
Subject to the provisions of the Registration of Births and Deaths Act, 1969 (18 of 1969), the Board of Councillors shall cause 1[registration of] births and deaths taking place within the municipal area 2[ *** ] and extracts of information therefrom shall be supplied, on application, in such form of a certificate and on payment of such fees as may be 3[determined by regulations.]
1. Substituted by section 25(1) of the West Bengal Municipal (Amendment) Act, 2000 (West Ben. Act XXII of 2000) (with effect from 1.9.2000) for "a register to be maintained wherein the".
2. The words "shall be entered" omitted by section 25(2), ibid (with effect from 1.9.2000).
3. Substituted by section 25(3), ibid (with effect from 1.9.2000) for "prescribed.".
It shall be the duty of the father or the mother of every child born within the municipal area or, in default of the father or the mother, of any relation of the child living in the same premises or, in default of such relation, of the person having charge of the child to give, to the best of his or her knowledge and belief, to the officer empowered in a municipal area in this behalf, within 1[twenty-one days] of such birth, information containing such particulars as may be 2[required under the Registration of Births and Deaths Act, 1969 (18 of 1969) :]
1. Substituted by section 26(1) of the West Bengal Municipal (Amendment) Act, 2000 (West Ben. Act XXII of 2000) (with effect from 1.9.2000) for "eight days".
2. Substituted by section 26(2), ibid (with effect from 1.9.2000) for "prescribed :".
In case any new-born child is found exposed. it shall be the duty of any person finding such child or of any person in whose charge such child may be placed to give, to the best of his knowledge and belief, to the officer empowered under section 364, within 3[twenty-one days from the date] of finding of such child, such information containing the particulars of birth of such child as such person possesses.
3. Substituted by section 27, ibid (with effect from 1.9.2000) for "eight days".
It shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying within the municipal area and, it) 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, 1[within twenty-one days from the date of its concurrence and] to the best of his knowledge and belief, to the officer specially empowered in this behalf for the area within which the death took place, information containing such particulars 2[as may be required under the Registration of Births and Deaths Act, 1969 :]
1. Inserted by section 28(1) of
In the case of a person who had been attended in his last illness by a duly qualified medical practitioner, such practitioner shall, within three days of his becoming cognizant of the death of such person, sign and forward to the officer specially empowered in this behalf a certificate of the cause of death of such person in such form as may, from time to time, be specified by the State Government, and the cause of death as stated in such certificate shall be entered in the register together with the name of the certifying medical practitioner.
It shall be the duty of the police to convey every unclaimed corpse to a registered burial or burning ground or other place for disposal of the dead or to a duly appointed mortuary and to inform thereafter the officer specially empowered in this behalf within whose jurisdiction such corpse was found.
No sexton or keeper of a registered burial or burning ground or other place for disposal of the dead. whether situated within the municipal area or not, shall bury, burn or otherwise dispose of or allow to be buried, burnt or otherwise disposed of any corpse, unless such corpse is accompanied by a certificate in such form as may be prescribed and signed by an officer specially empowered in this behalf or by a registered medical practitioner or any other medical practitioner authorised by the State Government in this behalf.
(1) Every owner or person having the 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 Municipality or any Board appointed by the State Government for administration of such place, shall apply to the Board of Councillors within a period of three months from the commencement of this Act to register the name of such place and the Board of Councillors shall cause the same to be registered.
(2) Such application shall be accompanied by a plan of the place to be registered, showing the locality, boundaries and extent of the same, and shall bear the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor. The application shall also contain information as regard the name of the owner or the person or the community interested therein, the system of
(1) If any existing place for the disposal of the dead appears, at any time, to be insufficient, the Board of Councillors shall, with the sanction of the State Government, provide other fit and convenient place, either within or outside the municipal area, for the said purpose, 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 the municipal area and vesting in the Municipality, as if such place were situated within the municipal area.
(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 Ben. Act XIII of 1979), and without the written permission of the Board of Councillors who, with the approval of the State Government, may grant or withhold such permission.
(2) Such permission may be subject to such conditions as the Board of Councillors 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, shall be used again as such.
(1) Where the Board of Councillors, after making, or causing to be made, any local enquiry, is of 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, it may, with the previous approval of the State Government and by notice in writing, require the owner or the person in charge of such ground or place to close the same from such date as may be specified in the notice.
(2) No corpse 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.
If, at any time after inspection, the Board of Councillors is of 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, it may direct that such place may be reopened for the disposal of the dead.
(1) No person shall, without the written permission of the Board of Councillors under sub-section (2),-
(a) make any vault or grave or interment within any wall, or underneath any passage, porche, portico, plinth or verandah, or any place of worship;
(b) make any interment or otherwise dispose of any corpse in any place which is closed under the provisions of this Chapter;
(c) build or dig or cause to be built or dug, 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 other law for the time being i
No person shall-
(a) retain a corpse on any premises without burning, burying or otherwise lawfully disposing of the same for so long a time after death as creates a nuisance:
Provided that after the expiration of not less than twenty-four hours from the death of any person, the Board of Councillors may, with the assistance of the police, if necessary, cause the corpse of such person to be burnt or buried. In every such case the corpse shall be disposed of, so far as may be possible, in a manner consistent with the religious tenets, if any, of the deceased:
Provided further that the Board of Councillors may charge from the person or persons responsible for the disposal of the dead body such fees as may be determined by regulations;
(b) carry a corps
(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 under this Act for the final disposal of carcasses of dead animals, or
(b) give notice of the death to the Chairman whereupon he shall cause the carcass to be disposed of.
(2) The Board of Councillors may charge such fees as may be determined by regulations for the disposal of the carcass of a dead animal under clause (b) of sub-section (1).
(1) Whenever, in the opinion of the 1[Governor]. it is necessary to make provisions for all or any of the purposes of this Act in respect of (i) any urbanised area which does not fulfil the conditions for being immediately constituted a municipal area under this Act, or
1. Substituted by section 22(a) (i) of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994) for "State Government",
(ii) any area which is comprised in a newly developing town. or
(iii) any area in which new industries have been or are being established, the 1 [Governor] may, by notification, specify such area and declare 2[his] intention so to do.
1. Substituted by section 22(a) (i) of the West Bengal Municipal (Amendment) Act, 1
Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, all the provisions of this Act, except the provisions of section 3, section 4, 5[section 5, section 6 and section 9,] which apply to a Municipality, shall also apply to a 6[Notified Area Authority.]]
3. Section 379 substituted by section 23, ibid (with effect from 13.7.1994), which was as under.
"379. Power to apply enactments to, and constitute authority in notified area. - (1) The State Government may, by order to be published in the Official Gazette,-
(a) extend to a notified area with such incidental or consequential modifications as the State Government may consider necessary for giving effect to the provisions of this Chapter-
(i) any pro
7[380. * * * ]
7. Section 380 omitted by section 24 of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994), which was as under :
"380. Consequences of application of the Act to a notified area. - (1) When any tax is imposed in a notified area under any of the provisions of this Act as extended to such area, the proceeds of such tax shall be expended in the same manner in which, and for the same purposes for which, the Municipal Fund may be expended by a Municipality.
(2) When any provision of this Act or the rules or the regulations made thereunder is extended with or without modification to a notified area such provision or rule or regulation shall unless a different intention appears, operate as if the notified area were a municipal area
Notwithstanding anything contained in Chapter II or elsewhere in this Act. If, at any time, the Governor is satisfied, having regard to the provisions of section 3, that a notified area may be constituted a municipal area, the Governor may, by notification, declare such notified area to be a municipal area.]
1. Section 381 substituted by section 34 of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) and shall be deemed always to have been substituted for the existing section, which was earlier as under:
"381. Abolition or alteration of a notified area. - The State Government may, at any time and in accordance with the provisions of this Act, by notification-
(a) constitute a notified area or any part thereof to be a municipal area, or
&n
2. Substituted by section 35(1). ibid for "Consequences of abolition or alteration of notified area," and shall be deemed always to have been substituted.
3[(1) When the whole of a notified area is declared to be a municipal area under section 381, the Notified Area Authority for the notified area declared to be a municipal area shall be deemed to be the Municipality for such municipal area, and the Board of Councillors constituted after the general election of the said Notified Area Authority shall be deemed to be the Board of Councillors in relation to such Municipality and shall, unless dissolved earlier, hold office for the period of five years from the date appointed for the first meeting after the general election of the said Notified Area Authority and no longer.]
3. Sub-section (1) Inserted by section 35(2), ibid and shall be de
1[383. * * * ]
1. Section 383 omitted by section 24 of the West Bengal Municipal (Amendment) Act, 1994 (West Ben. Act XXX of 1994) (with effect from 13.7.1994), which was as under:
"383. Officers and other employees. - A Notified Area Authority may, subject to the approval of the State Government, appoint such officers and other employees as may be necessary for the purpose pf giving effect to the provisions of this Chapter.".
(1) Whenever, in the opinion of State Government, it becomes necessary to make provisions for regulation of urban growth in any non-municipal urban area, identified as such in the latest Census Report, the State Government may by notification, entrust a Gram Panchayat or a Panchayat Samiti, as the case may be, constituted under the West Bengal Panchayat Act, 1973 (West Ben. Act XLI of 1973), with powers and duties to enforce all or any of the provisions of this Act or the rules made thereunder on matters relating to -
(a) building regulations,
(b) street alignment.
(c) conversion of land or building from one use to another, and
(d) public safety and nuisance.
(2) The exercise of any power or discharge o
(1) The State Government may, by notification, make rules for carrying out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
2[(a) to (c) ***]
2. Clauses (a), (b) and (c) omitted by section 25, ibid (with effect from 13.7.1994), which were as under:
"(a) the qualifications for appointment of members of a Notified Area Authority and the manner of filling casual vacancies in the office of such members:
(b) the term of office of the Chairman and the other members, the Vice-Chairman of a Notified Area Authority;
(c) any other matte
(1) Whenever, in the opinion of the Governor, it is necessary to make provisions for all or any of the purposes of this Act in respect of any area in which industries have been or are being established, the Governor may, by notification, specify such area to be an industrial township and declare his intention so to do.
(2) Any inhabitant of the area in respect of which a notification has been published under sub-section (1) may, if he objects to the making of any provision as aforesaid, submit his objection in writing to the Governor within three months from the date of publication of the notification.
(3) The Governor may, after considering the objection, if any, received by him during the period referred to in sub-section (2), make an order-
(a) withdrawing the notification under sub-section
(1) The Governor may, by order to be published in the Official Gazette-
(a) extend to an industrial township with such incidental and consequential modification as the State Government, may consider necessary for giving effect to the provisions of this Chapter-
(i) any provision of this Act which applies to a Municipality, or
(ii) any rule or regulation in force in any municipal area; and -
(b) appoint, for an industrial township, a Committee consisting of not more than 13 and not less than 9 members, to be known as the industrial Township Authority, to carry out all or any of the purposes of this Chapter.
(2) The State Government shall appoint a Chairman and may also appoint a Vice-Chairman from among t
(1) When any tax is imposed in an industrial township under any of the provisions of this Act as extended to such township, the proceeds of such tax shall be expended in the same manner in which, and for the same purposes for which, the Municipal Fund may be expended by a Municipality.
(2) When any provision of this Act or the rules or the regulations made thereunder is extended with or without modification to an industrial township, such provision or rule or regulation shall unless a different intention appears, operate as if the industrial township were a municipal area and the powers and duties of the Chairman-in-Council were vested in the Chairman appointed under sub-section (2) of section 385B and those of the Board of Councillors, in the Industrial Township Authority.
The State Government may, at any time and in accordance with the provisions of this Act, by notification,-
(a) constitute an industrial township or any part thereof to be a municipal area, or
(b) include an industrial township or any part thereof within a municipal area.
(1) When the whole of an industrial township is constituted to be a municipal area, the industrial township shall cease to exist and the properties, funds and other assets vested in the Industrial Township Authority and all the rights and liabilities of the Industrial Township Authority shall vest in, and shall devolve on, the Municipality.
(2) When a part of an industrial township is constituted to be, or is included in, a municipal area, such part shall be deemed to have been excluded from such industrial township, and so much of the properties, funds and other assets vested in, and such of the rights and liabilities of, the Industrial Township Authority, as may be allocated by the State Government by order in this behalf, shall vest in. and shall devolve on, the Municipality.
An Industrial Township Authority may, subject to the approval of the State Government, appoint such officers and other employees as may be necessary for the purpose of giving effect to the provisions of this Chapter.
(1) The State Government may, by notification, make rules for carrying out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the qualifications for appointment of members of an Industrial Township Authority and the manner of filling casual vacancies in the office of such members;
(b) the term of office of the Chairman, the Vice-Chairman, and the other members, of an Industrial Township Authority;
(c) any other matter relating to the constitution and functions of an Industrial Township Authority.]
(1) Wherever it is provided in this Act or the rules or the regulations made thereunder that a licence or a written permission shall be issued by the Board of Councillors 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 Municipality authorised, by the Board of Councillors or the officer empowered as aforesaid in this behalf, the same 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) the restrictions or conditions, if any subject to which it is granted:
&
The Board of Councillors or any officer or other employee of the Municipality authorised by the Board of Councillors 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, in connection with the land or the building, there is or has been 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. or require the Board of Councillors or any officer or other employee of the Municipality 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;
(c) for the purpo
(1) The Board of Councillors or any person authorised by it 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 purposes connected with the execution of the same.
(2) Every person as aforesaid shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Municipality in accordance with the rules or the regulations made under this Act in this behalf to the owner or the occupier of such land or to both for any such damage, whether permanent or temporary.
(1) It shall be lawful for the Board of Councillors or any person authorised by it or empowered by or under this Act in this behalf to make any entry into any place and to open or to cause to be opened any door, gate or other barrier-
(a) if he considers the opening of such door, gate or other barrier 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 other barrier.
(2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Board of Councillors or the person authorised or empowered in this behalf shall call upon two or more respectable inhabitants of the locality in which the place to be entered Into is situate to witness the entry into s
Save as otherwise provided in this Act or the rules or the regulations made thereunder, no entry into any place authorised by or under this Act shall be made except between the hours of sunrise and sunset:
Provided that if the Chairman-in-Council is satisfied that the erection of any building or the execution of any other work has been commenced, or is being carried on, in any premises in contravention of the provisions of this Act or any other evasion of the provisions of this Act or the rules or the regulations made thereunder is being committed between the period of sunset and sunrise, it may, for reasons to be recorded in writing, enter such premises during such period to make an inspection thereof and take such action as may be necessary under this Act.
Save as otherwise provided in this Act or the rules or the regulations made thereunder, no land or building shall be entered without giving the owner or the occupier thereof, 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 Chairman-in-Council considers, for reasons to be recorded in writing, that there is immediate urgency for such entry and the service of a written notice may defeat its purpose.
Every public notice given under this Act or the rules or the regulations made thereunder shall be in writing under the signature of the Chairman or any officer of the Municipality authorised in this behalf by the Board of Councillors, 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 advertisement in local newspapers or by publishing the same otherwise as the Chairman-in Council may think fit.
Wherever under this Act or the rules or the regulations made thereunder the doing of, or the omission to do, or the validity of, anything depends upon the approval, sanction, consent, concurrence declaration, opinion or satisfaction of-
(a) the Board of Councillqrs, or
(b) the Chairman-in-Council, or
(c) the Chairman or any officer of the Municipality, as the case may be, a written document signed,-
(i) in the cases referred to in clause (a), by the 1[Chairman], and
1. Substituted by section 23 of the West Bengal Municipal (Second Amendment) Act. 1994 (West Ben. Act XLV of 1994) (with effect from 10.10.1994) for "Municipal Secretary".
(ii) in the cases refe
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.
(1) Every licence written permission. notice, bill, summons or other document, which is required by this Act or the rules or the regulations made thereunder to bear the signature of the Chairman or any officer of the Municipality shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairman 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.
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 Municipality or by any person authorised by the Chairman in that behalf.
(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 Municipality or by any of the other municipal authorities or any officer or other employee of the Municipality 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-
(i) sent under certificate of posting, or
(ii) delivered at the registered office or at the principal office or place of business of the company;
&
(1) When, under this Act or the rules or the regulations made thereunder, any requisition or order is made by a written notice issued to any person or persons by any municipal authority or any officer of the Municipality, such authority or officer shall specify in such notice a 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.
(2) If any such requisition or order or any part thereof is not complied with within the period specified under sub-section (1), the Board of Councillors may, subject to such regulations as may be made by the Board of Councillors in this behalf, take such measures or cause such work to be executed or such thing to be done as may, in its opinion, be necessary fo
(1) Any person who has been served with a written notice under sub-section (1) of section 398 in which a period for receiving objections has been specified may, within such period, deliver to the municipal authority or the officer of the Municipality, 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 Chairman for determination.
(1) When, under this Act or the rules or the regulations made thereunder, any 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 Municipality are incurred by such authority or officer in the event of any person not complying with any requisition or order under this Act or the rules or the regulations made thereunder, the Chairman may, if he thinks fit and with the approval of the Board of Councillors, 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 Board of Councillor
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 Board of Councillors, 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.
(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 or 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 Municipality 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 to raise such funds or for such directions as
In any case not otherwise expressly provided for in this Act or the rules or the regulations made thereunder, the Board of Councillors 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 of the Municipality.
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 Municipality resulting from such offence as the Board of Councillors may consider reasonable.
Save as otherwise provided in this Act or the rules or the regulations made thereunder, any sum due to the Municipality 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 property tax:
Provided that no proceedings 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.
The Board of Councillors may-
(a) initiate, or withdraw from, any proceedings against any person who is charged with-
(i) any offence under this Act or the rules or the regulations made thereunder, or
(ii) any offence which affects or is likely to affect any property or interest of the Municipality, or
(iii) committing any nuisance whatsoever;
(b) institute, or withdraw from, or compromise, any proceedings under this Act;
(c) contest or compromise an appeal against assessment of any property tax or other tax;
(d) withdraw or compromise any claim against any person in respect of a penalty payable under a contract en
(1) No suit shall be instituted in any court having jurisdiction against any municipal authority or any officer or other employee of the Municipality or any person acting under the direction of any municipal authority or any officer or other employee of the Municipality in respect of any act done or purporting to be done under this Act or the rules or the regulations made thereunder until after 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 officer or other 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.
1[(2)***]
No suit shall be maintainable against any municipal authority or any officer or other employee of the Municipality or any person acting under the direction of any municipal authority or any officer or other employee of the Municipality or of a Magistrate in respect of anything done lawfully and in good faith and with due regard to the provisions of this Act or the rules or the regulations made thereunder.
(1) The Director General and Inspector-General of Police. West Bengal and the police-officers subordinate to him shall-
(a) co-operate with the Municipality for carrying into effect and enforcing the provisions of this Act and for maintaining good order in and outside the municipal area, and
(b) assist the Board of Councillors, the Chairman-in-Council or the Chairman or any officer or other employee of the Municipality in carrying out any order made by a Magistrate under this Act.
(2) It shall be the duty of every police-officer-
(i) to communicate without delay to the Chairman or any officer of the Municipality any information which he receives in respect of any design to commit, or any commission of, any offence under this Act or the rules or the
(1) Any police-officer may arrest any person who commits, in his view, any offence under this Act or the rules or the regulations made thereunder, provided the name and address of such person are unknown 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 arrested under sub-section (1) 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, excluding the period necessary for the journey from the place of arrest to the court of the Magistrate.
(3) On the written application of the Chairman, any police-officer above the rank of a constable shall arrest any person who obstructs the Chairman or any
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.
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 lawful keeper thereof or other person authorised by the Chairman in this behalf, be admissible in evidence of the existence of such document or entry, and shall be admitted as evidence of the matters and the 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.
No officer or other employee of the Municipality shall, in any legal proceeding to which the Board of Councillors is not a party, be required to produce any register or document the contents of which can be proved 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.
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.
No person shall, without any authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under the orders of the Board of Councillors or any municipal authority or any officer or other employee of the Municipality empowered in this behalf.
(1) No person shall, without any authority in that behalf, remove earth, sand or other material form, or deposit any matter in, or make any encroachment on, any land vested in the Municipality, or in any way obstruct such land.
(2) No person shall interfere with, or encroach upon, or otherwise damage, any property belonging to, or vested in, the Municipality.
(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 shall be subject to such modification as the State Legislature may make during the session in which they are so laid. Any modification of the said rules made by the State Legislature shall be published in the Official Gazette, and shall, unless some later date is appointed by the State Government, come into force on the date of such publication.
The State Government, on its own or on the recommendation of a Municipality or number of Municipalities may, by notification add to, amend, or alter any Schedule to this Act.
(1) The Board of Councillors may, after previous publication 4[in accordance with, and subject to, the provisions of sub-section (2)], make regulations not inconsistent with the provisions of this Act or the rules made thereunder for discharging its functions under this Act.
4. Inserted by section 36(1) of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995).
[(2) (a) At notice relating to the draft regulations shall be published in one or more of the local newspapers circulated within the jurisdiction of the Municipality to which such regulations relate or, if there be no such newspaper, in such manner as the Board of Councillors may direct.
(b) Such draft shall not be further proceeded with until the expiration of a period of one month from
No regulation made by the Board of Councillors under this Act shall have any validity unless and until it is approved by the State Government.
(1) If the State Government is, at any time, of opinion that any regulation made by the Board of Councillors under this Act should be cancelled or modified, either wholly or in part, it shall cause the reasons for such opinion to be communicated to the Board of Councillors and shall appoint a reasonable period, not less than fifteen days, within which the Board of Councillors may make such representation with regard thereto as it may think fit.
(2) On receipt and consideration of any such representation or, if 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 take effect from such date as the State Government ma
(1) Any rule or regulation made under this Act may provide that a contravention thereof shall be punishable-
(a) with fine which may extend to one thousand rupees;
(b) with an additional fine in the case of a continuing contravention, which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention; and
(c) with additional fine which may extend to fifty rupees for everyday during which the contravention continues after receipt of a notice from the Municipality requiring the offender to discontinue such contravention.
(2) Any rule or regulation made under this Act may further provide that the offender shall be required to remedy, in so far as such remedy lies in his powe
(1) A copy of all rules and regulations made under this Act shall be kept at the office of the Municipality and shall, during office hours, be open, free of charge, to inspection by any inhabitant of the municipal area.
(2) Copies of all such rules and regulations shall be kept at the office of the Municipality and shall be sold to the public at such price as the Board of Councillors may determine.
If any doubt arises as to the municipal authority to which any particular power, duty or function appertains, the Chairman shall refer the matter to the State Government and the decision of the State Government thereon shall be final.
(1) The State Government may, with regard to the Municipalities generally or to any Municipality or group of Municipalities in particular and subject to such conditions or restrictions as it may deem fit to impose. by notification, delegate to the Director of Local Bodies 1[or the District Magistrate or the Sub-divisional Magistrate] 2[or the District Municipal Development Officer] any of the powers vested in, or the functions imposed upon, the State Government by or under this Act, and thereupon, the Director of Local Bodies 1[or the District Magistrate or the Sub-divisional Magistrate] 2[or the District Municipal Development Officer] shall exercise such powers or perform such functions as if he were the State Government.
1. Inserted by section 25(a) of the West Bengal Municipal (Second Amendment) Act, 1994 (West Ben. Act XLV of 1994) (with effect from 10.10.1994).
(1) The Director of Local Bodies 2[or the District Magistrate 3[or the Sub-divisional Magistrate or the District Municipal Development Officer]]. in addition to the powers or functions delegated to him, may-
2. Inserted by section 26(a), ibid (with effect from 10.10.1994).
3. Substituted by section 15 of the West Bengal Municipal (Amendment) Act, 2009 (West Ben. Act III of 2009) (with effect from 1.6.2009) for "or the Sub-divisional Officer".
(a) inspect, or cause to be inspected, any immovable property owned, used or occupied by the Municipality or any work in progress under the direction of a municipal authority;
(b) inspect or examine any department of the Municipality or any office service, work or thing under the control of the Board of Counci
The State Government may, at any time,-
(a) call for any document in the possession or under the control of the Chairman or any officer of the Municipality;
(b) require the Chairman or any officer of the Municipality to furnish any return, plan, estimate, statement, account, report or statistics, or any information whatsoever.
Any work or institution constructed or maintained, or any programme undertaken in whole or in part, at the expense of the Municipality and all registers, books, accounts or other documents relating thereto shall, at all times, be open to inspection by such officers as the State Government may appoint in this behalf.
(1) The State Government may, after giving the Board of Councillors a reasonable opportunity of being heard, annul any proceeding or resolution or order which it considers to be not in conformity with the provisions of this Act or the rules made thereunder and may do all things necessary to secure such conformity:
Provided that pending the hearing to be given to the Board of Councillors, the State Government may suspend the operation of such proceeding or resolution or order.
(2) The State Government, on receiving any information that the Board of Councillors or any other municipal authority is about to pass an order or instruction or implement any act in excess of any power conferred by this Act, may forthwith prohibit-the passing of such order or instruction or implementation of such act, and such prohibition shall be binding on the Mu
1[2[429A. * * *]
1. Sections 429A and 429B inserted by section 36 of the West Bengal Municipal (Amendment) Act, 2002 (West Ben. Act XVI of 2002) (with effect from 2.12.2002).
2. Sections 429A omitted by section 11 of the West Bengal Municipal (Amendment) Act. 2004 (West Ben. Act VIII of 2004) (with effect from 15.9.2004), which was as under:
"429A. Power to remove the Chairman or the Vice-Chairman. - (1) Notwithstanding anything contained elsewhere in this Act, the State Government may, by an order in writing, remove, with effect from a date to be specified in the order, any Chairman or Vice-Chairman of any Municipality from his office if, in its opinion, he wilfully omits or refuses to carry out the provisions of this Act or of any rules or orders made thereunder or abuses the powers vested i
In the discharge of their functions, the Municipalities shall be guided by such directions as may be given to them by the State Government in conformity with the provisions of this Act.
(1) If, at any time. it appears to the State Government that the Board of Councillors has made default in performing any duty 1 [including the duty in relation to the Municipal Fund.] imposed on it by or under this Act or any other law for the time being in force, the State Government may, by order in writing, fix a period for due performance of such duty.
1. Inserted by section 37(a) of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995).
2[(2) If such duty is not performed within the period so fixed, the State Government may, in the public interest. by order do, or cause to be done by any Officer of the State Government or any authority appointed by it, anything for due performance of such duty notwithstanding anything to the contrary contained elsewhere in this Act or in any other l
(1) If, in the opinion of the State Government, the Board of Councillors has shown gross neglect in the performance of the duties imposed upon it by or under this Act or any other law for the time being in force, or has committed serious irregularities in the performance of such duties, the State Government may by order direct the Board of Councillors to show cause within the period specified in the order why it shall not be dissolved on grounds of charges mentioned in this order.
(2) If the Board of Councillors fails to answer the charges within the period specified in the order or within such further time as may be allowed by the State Government, or if the answers do not convince the State Government, 3[or where more than two-thirds of the total number of Councillors holding office for the time being have, for any reason, resigned] the State Government may dissolve the Board of
Where, by reason of any order of a competent court, the Board of Councillors is unable to exercise the powers, or perform the duties. or discharge the functions, conferred or imposed on it by or under any provision of this Act or the rules or the regulations made thereunder, the State Government may appoint any authority, or any person or persons, to exercise the powers, or perform the duties, or discharge the functions. as the case may be, during the period of such inability, in such manner. and on such conditions. as the State Government may, by order, direct.]
1. Section 431A inserted by section 31 of the West Bengal Municipal (Amendment) Act.
2000 (West Ben. Act XXII of 2000) (with effect from 1.9.2000).
(1) The State Government may require the Municipalities to be integrated with such authorities at the level of district, region or State for the purposes of co-ordination of planning and development, as it may deem fit and proper.
(2) When so required, it shall be the duty of the Municipality to participate in such process of co-ordination in accordance with such procedure as the State Government may determine.
(1) The Board of Councillors shall convene a meeting of the citizens in each area covered by 1[one or more wards. as the Board of Councillors may decide,] once a year for placing its annual administration report and annual final financial statement 2[of the preceding year] for public information and deliberation thereon.
1. Substituted by section 38(a)(i) of the West Bengal Municipal (Amendment) Act, 1995 (West Ben. Act XIII of 1995) (with effect from 5.9.1995) for "a borough committee".
2. Inserted by section 38(a)(ii), ibid (with effect from 5.9.1995).
(2) The views of the citizens on the said report and statement shall be recorded and considered in such manner as may be 3[determined by the Board of Councillors.]
3. Substituted by section 38(b),
All the members of a Board of Councillors and all the officers and other employees of a Municipality shall, while acting or purporting to act, in pursuance of, or in exercise of any power conferred by or under, any provision of this Act or the rules or the regulations made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
4. Sections 433A and 433B inserted by section 32 of the West Bengal Municipal (Amendment) Act, 2000 (West Ben. Act XXII of 2000) (with effect from 1.9.2000).
(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force,-
(a) upon the issue of any direction to any Municipality to exercise any power or to perform any function or to discharge any duty, or
(b) upon the transfer to any Municipality of any function, or control and management of any property, under any provisions of this Act, the State Government shall, subject to such conditions as it may deem fit to impose. place at the disposal of the Municipality the services of such officers and other employees as may be necessary to enable it to exercise such power or perform such function or discharge such duty, as the case may be.
(2) The officers and other employees, whose services are so placed at the disposal of the Municipality, shall cont
(1) The State Government may require the Municipality to avail of the services of the Municipal Engineering Directorate of the State Government 1[or the 2[Kolkata] Metropolitan Development Authority, or any other development authority or development organisation, or any department of the State Government. or any undertaking of the State Government] in all matters in which the State Government considers such services necessary.
1. Inserted by section 33 of the West Bengal Municipal (Amendment) Act, 2000 (West Ben. Act XXII of 2000) (with effect from 1.9.2000).
2. Substituted by section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) (with retrospective effect from 1.1.2001) for "Calcutta".
(2) The power of the State Government under sub-section (1) sh
(1) The State Government may require the Municipality to participate in such training and research programmes as may be organised by the Institute of Local Government and Urban Studies from time to time in aid of the municipal functionaries and personnel.
(2) It shall be obligatory on the part of the Municipality to furnish such papers, reports, documents, information, data and statistics as may be called for by the Institute of Local Government and Urban Studies from time to time.
The Darjeeling Gorkha Hill Council constituted under the Darjeeling Gorkha Hill Council Act, 1988 (West Ben. Act XIII of 1988), may provide to a Municipality in the hill areas such financial and technical assistance as it may require in any emergent circumstances.]
3. Section 435A inserted by section 28 of the West Bengal Municipal (Second Amendment) Act, 1994 (West Ben. Act XLV of 1994) (with effect from 10.10.1994).
4[436. * * * ]
4. Section 436 omitted by section 29, ibid (with effect from 10.10.1994), which was as under:
"436. Appointment of officers for Municipalities from cadres of State Government. - Notwithstanding anything contained elsewhere in this Act, the State Government may appoint from its own cadre, an officer to be posted for a Municipality or a group of Municipalities by way of support service on such terms and conditions as the State Government may decide:
Provided that an officer so appointed shall be under the administrative control of the Chairman-in-Council and shall be withdrawn if the Board of Councillors so desires.".
Where there is any specific provision in any section of this Act for its being extended by the State Government to any municipal area, the State Government may, at any time, by order, withdraw such section if extended to any municipal area, from operation in such municipal area, and thereupon such section shall cease to be in force in the said municipal area from the date of such order.
If any dispute arises on any matter between the Board of Councillors and any other local authority or between the municipal authorities themselves, such dispute shall be referred to the State Government whose decision thereon shall be final and shall not be questioned in any court.
(1) Any suit or other legal proceeding instituted, or any action taken, which but for the passing of this Act would have been instituted or taken by or against any Municipality or other municipal authority under the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), may be continued or instituted by the Municipality or the Board of Councillors, as the case may be, constituted or appointed under this Act.
(2) For the purposes of such suit or legal proceedings and of all matters incidental thereto, the powers and the duties of the Commissioners or the Board of Commissioners under the Bengal Municipal Act, 1932, shall vest in the Board of Councillors constituted or appointed under this Act.
(3) Save as provided in sub-section (2), the procedure laid down in this Act shall be followed in all proceedings relating to a contravention of the prov
Save as otherwise provided in this Act, whoever contravenes any provision of any of the sections, subsections, clauses or provisos, or any other provision of this Act as mentioned in column 1 of Schedule IV or fails to comply with any order or direction lawfully given to him or any requisition lawfully made to him under any of the aforesaid provisions, shall be punishable-
(i) with fine which may extend to the amount, or with Imprisonment for a term which may extend to the period, specified in that behalf in column 3 of the said Schedule or with both, and
(ii) in the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in column 4 of the said Schedule for every day during which such contravention or failure continues after conviction upon first such contravention or failure.
(1) With effect from the date of commencement of this Act, the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), shall stand repealed.
(2) Notwithstanding such repeal, every Municipality, and every notified area authority, constituted under the Bengal Municipal Act, 1932, and in existence immediately before the commencement of this Act, shall, at the date of commencement of this Act, be deemed to have been constituted under this Act, and, in respect of such Municipality or notified area authority,-
(a) every Commissioner continuing in office as such immediately before the commencement of this Act shall be deemed to be a Councillor under this Act and shall hold office as such unless he vacates, or is removed from, his office, or a new Councillor is elected and assumes office under this Act, whichever is earlier;
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order, not inconsistent with the provisions of this Act, do or cause to be done anything which may be necessary for removing the difficulty.
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