WEST BENGAL MUNICIPAL CORPORATION ACT, 2006
(1) This Act may be called the West Bengal Municipal Corporation Act, 2006.
(2) It extends to the whole of West Bengal, except Kolkata as defined in clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980 (West Ben. Act L VII of 1980) and Howrah as defined in the Howrah Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980).
(3) It shall come into force on such date as the State Government may, by notification, appoint.
(4) Notwithstanding anything contained in sub-section (2), it shall not take effect in any cantonment or part of a cantonment without the. consent of the Central Government previously obtained.
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In this Act, unless the context otherwise requires,
(1) "adulterated" an article of food shall be deemed to be adulterated
(a) if the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality which it purports or is represented to be;
(b) if the article contains any other substance which affects, or if the article is so processed as to affect, injuriously the nature, substance or quality thereof;
(c) if any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously the nature, substance or quality thereof;
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Section 2 of the West Bengal Municipal Corporation Act, 2006, primarily provides definitions that are fundamental for interpreting the provisions of the Act. It establishes key terms and concepts that underpin the legal framework for municipal governance in West Bengal.
Section 2 offers definitions for various terms used throughout the Act, such as "adulterated," "Rural household," and other relevant concepts. It clarifies the scope and meaning of these terms to ensure consistent application of the law.
The scope of Section 2 is to provide a comprehensive set of definitions applicable across the entire Act. These definitions are crucial for the interpretation of subsequent sections and legal provisions within the Act.
As a definitional section, Section 2 itself does not prescribe punishments. However, violations of the provisions where these terms are relevant may attract penalties as specified elsewhere in the Act, such as under Sections 363 and 364 related to breach of regulations and power to cancel or alter limits.
Note: The analysis draws upon the provided sources, especially the references to building permissions, occupancy, and enforcement actions, to contextualize the importance of Section 2's definitions within the broader legal framework.
Whenever it appears to the Governor that any one or more than one municipal area together with, or exclusive of, any railway station, village within the jurisdiction of any Gram Panchayat constituted under the West Bengal Panchayat Act, 1973 (West Ben. Act XLI of 1973), land or building, in the vicinity of such area -
(i) contains a population of not less than 5 lakh inhabitants,
(ii) has a density of population of not less than three thousand inhabitants per square kilometre of area, and
(iii) has an occupational pattern in which more than three-fourth of the adult population are chiefly engaged in pursuits other than agriculture, and if the Governor is satisfied that if such area is constituted a C
Section 3 of the West Bengal Municipal Corporation Act, 2006, primarily deals with the constitution and declaration of municipal corporation areas, including criteria for formation and the powers of the government and authorities to establish such areas. It lays the foundation for the legal recognition and jurisdiction of municipal corporations within West Bengal.
Section 3 provides the procedural framework for declaring areas as municipal corporations, including the criteria based on population, density, and occupational patterns, and empowers the Governor to notify and constitute such areas as municipal corporations.
This section applies to urban areas in West Bengal meeting specified demographic and occupational criteria. It governs the formal process of recognition and creation of municipal corporations, impacting urban governance, local administration, and civic responsibilities.
The section itself does not specify punishments. However, violations related to the declaration process or illegal establishment of municipal areas may attract penalties under other provisions of the Act, such as breach of regulations or illegal construction (see Sections 363-364).
Note: The analysis is based on the available sources and the general provisions related to Section 3 of the West Bengal Municipal Corporation Act, 2006.
(1) The notification in respect of constitution of a Corporation area shall be published in the Official Gazette and the District Magistrate concerned shall publish the notification in at least two leading newspapers, one of which shall be in vernacular intelligible to the inhabitants of the area concerned.
(2) A copy of the notification shall also be displayed 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 Corporation area shall be made by the District Magistrate concerned either by beating of drum throughout the area concerned or through any other publicity media.
Any inhabitant of the 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 objections in writing to the State Government within three months from the date of publication of the notification, and the State Government shall take his objections into consideration.
On the expiry of three months from the date of publication of the notification under section 4 and after consideration of all or any of the objections which may be submitted under section 5 and also after taking into consideration the views of the Municipality and/or the Notified Area Authority and concerned Gram Panchayat, if any, affected by the notification issued under section 4, the Governor may, by notification, constitute the area in respect of which notification has been published under section 4 or any specified part thereof a Corporation area under this Act.
The State Government may, by notification, determine the number of wards in a Corporation area, having due regard to the population, density of population, geographical condition, historical importance and economic considerations of the area of each ward.
The State Government may, by notification,-
(a) withdraw any Corporation area from the operation of this Act, or
(b) exclude from a Corporation area any local area comprised therein, and defined, in the notification, or
(c) include in a Corporation area any local area contiguous to such Corporation area and defined in the notification, or
(d) divide any Corporation area into two or more Corporation areas or municipal areas, or
(e) unite two or more Corporation areas or municipal areas so as to form one Corporation area,
The following shall be the municipal authorities for the purposes of carrying out the provisions of this Act, namely:-
(a) the Corporation,
(b) the Mayor-in-Council, and
(c) the Mayor.
(1) Corporation established for an urban area shall mean the Board of Councillors charged with the authority of Municipal Government of the Corporation area, and shall consist of-
(a) such number of elected members as there are wards within the Corporation 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 Corporation.
(2) The Corporation shall be a body corporate with perpetual succession and a common seal, and may, by the name of the Corporation of the town by reference to which the Corporation is known, sue and be su
(1) The Councillors elected in a general election or a bye-election of a Corporation and the members nominated by the State Government under clause (b) of sub-section (1) of section 10 shall constitute the Board of Councillors.
(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.
(3) In a newly constituted Corporation area, all the powers or functions, vested with the Corporation authorities under this Act or under any other law, for the time being in force, for the purpose of shaping up the municipal administration, shall be exercised or performed, as the case may be, by such person or persons to be designated
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Corporation shall vest in the State Election Commission.
A Councillor shall hold office for a period of five years from the date of the first meeting of the Corporation under section 51 or for the period for which the new Board of Councillors shall continue under the second proviso to sub-section (2) of section 60 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 Corporation is dissolved earlier, or
(b) he resigns his office by writing under his hand addressed to the Chairman in which case the resignation shall take effect from such date as may be specified in the notice or, if no such date is specified, from the date of its receipt by he Chairman, or
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(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, such competent authority for the Corporation as may be appointed by the State Government by notification in this behalf (hereinafter referred to in this section as the competent authority), may, subject to the other provisions of this section, declare, for reasons to be recorded in writing, a Councillor to be disqualified for being a Councillor thereof, if -
(a) he is an elected Councillor set up by a recognised political party and has-
(i) voluntarily given up his membership of such recognised political party, or
(ii) joined another recognised political party, or
(iii) exercised the vot
There shall be a Leader of the Opposition in a Corporation, who shall be a Councillor and who is, for the time being, the Leader of the recognised political party in opposition in the Corporation, having regard to the greatest numerical strength and recognised as such by the Mayor:
Provided that where there are two or more parties in opposition in the Corporation having the same numerical strength, the Mayor shall, having regard to the status of the parties, recognise any one of the Leaders of such parties as the Leader of the Opposition for the purposes of this section, and such recognition shall be final and conclusive.
(1) Notwithstanding anything contained in the Indian Oaths Act, 1873 (10 of 1873), every person who is elected to be a Councillor shall, before taking his seat, make and subscribe before an officer appointed by the State Government an oath or affirmation of his allegiance to the Constitution of India in the following form :- "I, A. B. having elected a Councillor of the Corporation, do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully discharge the duties upon which I am about to enter."
(2) Any person who, having been elected a Councillor, fails to make an subscribe, within three months of the date on which his term of office commences, the oath or affirmation under sub-section (1) shall cease to hold his office, and hi
(1) The elected members of the Corporation, in the first meeting of the Corporation under section 51, shall, after taking the oath of allegiance under section 16, elect, in accordance with such procedure as may be prescribed, among its elected members,-
(i) one member to be the Mayor who shall be a whole-time functionary, and
(ii) one member to be the Chairman :
Provided that no elected member of the Corporation shall be eligible for election to the post of the Mayor unless he declares in writing under his hand that on being elected, he shall be the whole-time functionary of his office and that during the period for which he holds, or due to hold, such office, he shall not hold any office of profit,
A Mayor or a Chairman, as the case may be,-
(a) shall cease to hold office as such forthwith if he ceases to be a member of the Corporation;
(b) may, at any time, by giving notice in writing to the Corporation, resign his office and such resignation shall take effect from such date as may be specified in the notice or, if no such date is specified, from the date of its receipt by the Corporation;
(c) may be removed from office by a resolution carried by a majority of the total number of elected members of the Corporation present and voting at a special meeting of the Corporation called for this purpose upon a requisition made in writing by not less than one-third of the elected members of the Corpora
(1) There shall be a Mayor-in-Council consisting of the Mayor, the Deputy Mayor and such number of other elected members of the Corporation, not exceeding seven, as the State Government may from time to time determine.
(2) The Deputy Mayor and other members referred to in sub-section (1) shall be nominated by the Mayor from amongst the elected members of the Corporation within a period of thirty days of his entering upon office:
Provided that the State Government may, on an application by the Mayor and for reasons to be recorded in writing, extend the period as aforesaid by such period, not exceeding thirty days, as the State Government may think fit.
(3)
Section 19 of the West Bengal Municipal Corporation Act, 2006, deals with the constitution and functioning of the Mayor-in-Council, which is a key administrative body within municipal governance. It establishes the composition, responsibilities, and procedural aspects related to the Mayor-in-Council, thereby shaping the executive functioning of municipal corporations in West Bengal.
Note: The analysis is based on the provided sources, which primarily focus on the composition and procedural aspects of Section 19. Specific punitive provisions or detailed powers are not explicitly outlined in the sources.
A member of the Mayor-in-Council other than the Mayor shall hold office from the date of his taking the oath of secrecy as Deputy Mayor or as a member of the Mayor-in-Council, as the case may be, under sub-section (3) of section 16 until
(a) he ceases to be a member of the Corporation, or
(b) he resigns his office by writing under his hand addressed to the Mayor in which case the resignation shall take effect from the date of its acceptance by the Mayor, or
(c) he is removed from office by a written order of the Mayor, or
(d) a newly elected Mayor, in the case of any casual vacancy caused by death, resignation
(1) The Board of Councillors shall, at its first meeting in each year, or at 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 :
Provided that the State Government may, on an application by the Mayor and for reasons to be recorded in writing, extend the period as aforesaid by such period, not exceeding thirty days, as the State Government may think fit.
(2) The Municipal Accounts Committee shall consist of -
(a) any member of the opposition in the Corporation as its Chairman, and
(b) such number of pers
(1) The Corporation shall, at its first meeting after the election of members thereto or as soon as may be thereafter, group the wards in such number of boroughs as may allow each borough to consist of not less than six contiguous wards, and shall constitute a Borough Committee for each such borough.
(2) Each Borough Committee shall consist of the Councillors elected from the wards constituting the Borough.
(3) A member of a Borough Committee representing a constituent ward shall hold office till he ceases to be the Councillor representing such ward.
(4) The members of each Borough Committee shall elect from amongst themselves one member to be its Chairma
(1) Each ward of the Corporation shall have a Ward Committee.
(2) The composition and the functions of the Ward Committee shall be such as may be prescribed.
(3) The Councillor elected from a ward shall be the Chairperson of the Ward Committee for that ward.
(1) At the first meeting of the Corporation or at the meetings subsequent thereto, the Corporation shall constitute the following Standing Committees-
(a) Finance and Resource Mobilisation Standing Committee;
(b) Solid Waste Management Standing Committee;
(c) Water Supply, Public Health and Sanitation Standing Committee;
(d) Public Works Standing Committee;
(e) Health, Education and Urban Poverty Alleviation Standing Committee:
Provided that the Standing Committees, other than those mentioned above, may also be constituted by the Corporation if they so think fit.
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(1) The Standing Committees - shall be recommendory bodies, and each Standing Committee shall perform such functions, and exercise such powers, and discharge such duties, as the Corporation at a meeting delegate to it.
(2) The Corporation 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 Corporation as the Corporation may think fit.
(3) The Standing Committee shall submit its recommendations indicating the difficulties for implementation of development programme under its respective jurisdiction, and shall also indicate therein the possible measures to remove such difficulties.
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(1) The Corporation may, at its first meeting after each general election or as soon as may be thereafter, constitute an Education Committee for ensuring general control and supervision of primary and secondary schools maintained by the Corporation under any law in force immediately before the coming into force of this Act.
(2) The constitution, powers and duties of the Education Committee shall be such as may be prescribed:
Provided that the Chandernagore Municipal Corporation (Education Committee) Rules 2001, made under the Chandernagore Municipal Corporation Act, 1990 (West Ben. Act XXXII of 1990), shall continue to remain in force in the area within the jurisdiction of the Chandernagore Municipal Corporation, and the Education Committee cons
(1) The Corporation may, at its first meeting after each general election or as soon as may be thereafter, constitute a Poor Fund Committee for the administration of the Poor Fund, if any, maintained by the Corporation under any law in force immediately before the coming into force of this Act:
Provided that the Poor Fund Committee constituted under section 13 of the Chandernagore Municipal Corporation Act, 1990, shall be deemed to have been constituted under this Act.
(2) The constitution, powers and duties of the Poor Fund Committee shall be such as may be prescribed after considering the views of the Corporation.
Chairman of Borough Committee, the Councillor and members of committee
The Mayor, the Chairman, the Deputy Mayor, the members of the Mayor-in-Council, the Leader of the Opposition, Chairman of Borough Committee, the Councillors and the members of the committees constituted in accordance with the provisions of this chapter, except the Ward Committees constituted under section 23, shall be given such remuneration and facilities as may be prescribed:
Provided that if the Mayor holds the post of either a Member of Legislative Assembly or a Member of any House of the Parliament simultaneously, he shall draw any remuneration for any one of the said post only.
Section 28 of the West Bengal Municipal Corporation Act, 2006, pertains to the remuneration and facilities provided to key municipal officials such as the Mayor, Deputy Mayor, Chairman, and other elected representatives. It establishes the framework for their compensation, allowances, and facilities, ensuring transparency and accountability within municipal governance.
Section 28 primarily deals with the remuneration, allowances, and facilities for the Mayor, Chairman, Deputy Mayor, members of the Mayor-in-Council, Leader of the Opposition, and Chairmen of Borough Committees. It grants the municipal corporation the authority to fix and provide these benefits, subject to prior approval from the State Government. The section also allows for the sanctioning of additional remuneration for officers with prior approval.
The section itself does not specify direct punishments or penalties. However, breach of provisions related to unauthorized remuneration, facilities, or facilities without approval could potentially attract penalties under other sections of the Act, such as penalties for breach of regulations or misuse of funds (e.g., Sections 363 and 364).
Note: The analysis is based solely on the provided sources and the typical legal interpretation of such provisions within the context of the West Bengal Municipal Corporation Act, 2006.
(1) The Board of Councillors may, if so decided at a meeting, constitute special committees for the discharge of any specific function, or for making enquiry and report on any specific matter, and such committees shall have such powers, and shall perform such functions or discharge such duties, as may be provided by resolution in this behalf.
(2) Every such committee shall consist of such members of the Board of Councillors, and such other persons, not exceeding one-third of such members, as the Board of Councillors may decide.
(3) A special committee shall, subject to the approval of the Board of Councillors, formulate its own procedure for the conduct of its business.
The Code of Conduct of the Councillors as well as the elected functionaries of the Corporation shall be such as may be prescribed.
(1) The officers appointed by the State Government under clause (a) of sub-section (2) of section 30 shall be paid out of the Municipal Fund such salaries and allowances as the State Government may, from time to time, determine :
Provided that the Corporation may, with the prior approval of the State Government, sanction remuneration to such officers in addition to the salaries and allowances as aforesaid.
(2) If any of the officers referred to in sub-section (1) of section 30 is in the service of the State Government, the Corporation shall make such contribution towards his leave salary and pension as may be required by or under the conditions of his service under the State Government or the terms and conditions of his service under the Corpora
(1) The posts of officers and other employees of the Corporation, other than those referred to in sub-section (1) of section 30, shall constitute the establishment of the Corporation.
(2) The State Government shall fix the norms regulating the size of establishment of the Corporation from time to time.
(3) The Corporation at a meeting may, subject to the norms fixed by the State Government under sub-section (2), determine what officers and other employees, other than the officers mentioned in sub-section (1) of section 30, are necessary for the Corporation :
Provided that no post of officer or other employee shall be created by the Corporation without the
(1) The method of, and the qualifications required for, recruitment to the posts of different categories constituting the establishment of the Corporation shall be such as may be prescribed.
(2) Subject to the provisions of this Act, appointment to all the posts of officers and other employees constituting the establishment of the Corporation shall be made by the Commissioner with the approval of the Corporation and the State Government.
(3) Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, the Corporation may, by resolution, decide to engage, on contract basis with the prior approval of the State Government, officers and other employees of the Corporation against such posts of such other of
(1) Notwithstanding anything contained in this chapter or elsewhere in this Act or the rules made thereunder, an officer or other employee of the Corporation shall retire from service compulsorily with effect from the afternoon of the last day of the month in which he attains the age of sixty years.
(2) No officer or other employee of the Corporation shall be re-employed after retirement in any post of the Corporation without the prior sanction of the State Government.
The terms and conditions of service, including discipline, control and conduct, of officers and other employees constituting the establishment of the Corporation shall be such as may be prescribed:
Provided that such terms and conditions of service of the officers of the Corporation appointed under clause (a) of sub-section (2) of section 30, shall be such as may be determined by the State Government.
B. Municipal Service Commission
(1) The State Government may constitute a Municipal Service Commission consisting of -
(a) a Chairman, and
(b) two other members.
(2) The Chairman and the other members of the Municipal Service Commission shall be nominated by the State Government.
(3) The Municipal Service Commission shall perform such duties, and in such manner, as may be prescribed.
(4) The State Government shall also prescribe by rules -
(i) the terms of off
The salaries and allowances, if any, of the Chairman and other members of the Municipal Service Commission and the officers and other employees thereof shall be paid by the State Government.
Notwithstanding anything contained in section 37, the Municipal Service Commission (hereinafter referred to in this section as the said Commission) shall select such personnel for the Corporation as may be determined by the State Government by notification, and it shall be binding on the Corporation to appoint the personnel selected by the said Commission.
The Municipal Vigilance Authority appointed under sub-section (1) of section 27A of the Kolkata Municipal Corporation Act, 1980, shall, by virtue of sub-section (1) and sub-section (6) of section 27A of the Kolkata Municipal Corporation Act, 1980 (West Ben. Act, LIX of 1980), enquire into any complaint of corruption, misconduct, lack of integrity or any other kind of malpractice or misdemeanour on part of any officer or other employee of a Corporation as and when required by the Corporation concerned.
(1) Subject to the provisions of this Act and the rules and the regulations made thereunder, the executive power of the Corporation shall be exercised by the Mayor-in-Council as may be delegated to it by the Corporation under sub-section (1) of section 47.
(2) All executive actions of the Mayor-in-Council shall be expressed to be taken in the name of the Corporation.
(3) All proceedings of the meetings of the Mayor-in-Council shall be placed in the next meeting of the Corporation for consideration.
(1) The Mayor shall be the whole time functionary of the Corporation, and he shall exercise such powers, and discharge such functions, as are conferred on him by or under this Act.
(2) The Mayor shall preside over a meeting of the Mayor-in-Council, which shall meet at such place, and at such time, as the Mayor may direct.
(3) The matters to be discussed at a meeting of the Mayor-in-Council shall be prepared under the direction of the Mayor and shall be circulated to the members of the Mayor-in-Council in such manner as the Mayor may determine.
(4) The Mayor shall, for convenient transaction of the business of the Corporation, allot among the members of th
(1) In the event of the occurrence of any vacancy in the office of the Mayor or the Chairman by reasons of his death, resignation, removal or otherwise, the Deputy Mayor shall act as the Mayor or the Chairman, as the case may be, until the date on which a new Mayor or Chairman, as the case may be, elected in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
(2) When the Mayor or the Chairman is unable to discharge the functions of the Mayor or the Chairman, as the case may be, owing to absence, illness or any other cause, the Deputy Mayor shall discharge the functions of the Mayor or the Chairman, as the case may be, until the date on which the Mayor or the Chairman, as the case may be, resumes his duties.
The Commissioner shall be the principal Executive Officer of the Corporation and shall, subject to the supervision and control of the Mayor, -
(a) exercise the powers and perform the functions specifically conferred or imposed on him by or under this Act or by any other law for the time being in force;
(b) assign the duties, and exercise supervision and control over the acts and proceedings, of all officers and employees of the Corporation;
(c) be responsible for the custody of all records, other than the papers and documents connected with the proceedings of the Corporation and the Mayor-in-Council and the Municipal Accounts Committee, and shall preserve the same in such manner, and for such period,
(1) The Secretary shall be the Secretary to the Board of Councillors and the Municipal Accounts Committee and of other committees, if any, and shall exercise such powers, and shall discharge such functions, as are conferred on him by or under this Act or as may be assigned to him by the Commissioner.
(2) The Secretary shall be responsible for the custody of all papers and documents connected with the proceedings of the Board of Councillors and the Municipal Accounts Committee and of other committees, if any, and shall preserve the same in such manner, and for such period, as may be determined by regulations.
The financial powers of the Board of Councillors, the Mayor-in-Council and the Commissioner shall be such as may be prescribed.
(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 Mayor-in-Council.
(2) The Mayor-in-Council may, by order, delegate, subject to such conditions as may be specified in the order, any of its powers or functions to the Mayor or to the Commissioner.
(3) Subject to such standing orders as may be made by the Mayor-in-Council in this behalf, -
(a) the Mayor may, by order, delegate, subject to such conditions as may be specified in the order, any of his powers or functions to the Deputy Mayor or to the Commissioner;
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If any doubt arises as to whether any particular power or function appertains to any municipal authority or the Commissioner, the Mayor shall refer the matter to the State Government, and the decision of the State Government thereon shall be final.
(1) The Chairman shall, at the beginning of each calendar year, nominate from amongst the elected members of the Corporation a panel of not more than three Presiding Officers and specify sequence in which any one of them may preside over the meetings of the Corporation in the absence of the Chairman.
(2) A member nominated under sub-section (1) shall hold office until a new panel of Presiding Officers is nominated.
(1) The Corporation shall meet not less than once in every month for the transaction of business.
(2) The Chairman may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-third of the elected members of the Corporation, convene a meeting of the Board of Councillors.
(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in the like manner.
(1) The first meeting of the Corporation after a general election shall be held within thirty days after the publication of the results thereof and shall be convened by the Commissioner, and a clear seventy-two hours' notice shall be given for the meeting.
(2) Notwithstanding anything contained in this Act, the first meeting of the Corporation for the election of the Mayor and the Chairman shall be presided over by a member to be nominated by the State Government in this behalf:
Provided that such member shall not himself be a candidate for such election.
(3) In the case of equality of votes obtained by the candidates for election as Mayor or Chairman, th
Notice of every meeting, other than the first meeting, of the Corporation shall be given by the Commissioner under the direction of the Chairman to all the members in the manner provided in section 53 at least seven days before the date fixed for the meeting.
A list of the business, to be transacted at every meeting of the Corporation except at an adjourned meeting, shall be sent by the Commissioner to the registered address of each member of the Corporation at least seventy-two hours before the time fixed for such meeting; and no business shall be brought before, or transacted at, any meeting other than the business of which notice has been so given :
Provided that any member of the Corporation may send or deliver to the Commissioner notice of any resolution so as to reach him at least forty-eight hours before the time fixed for the meeting, and the Commissioner shall, with all possible despatch, take steps to circulate such resolution to every member of the Corporation in such manner as he may think fit.
Explanation.-In this section, "register
(1) The quorum necessary for the transaction of business at a meeting of the Corporation shall be one-third of the total number of members of the Board of Councillors.
(2) If, at any time during a meeting of the Corporation, there is no quorum, it shall be the duty of the Chairman or the person presiding over such meeting either to adjourn the meeting or to suspend it until there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before such meeting had there been a quorum, shall be brought before, and may be transacted at, an adjourned meeting, whether there is a quorum or not.
(4) All ma
(1) The Chairman or, in his absence, a member of the panel of Presiding Officers nominated under section 49 shall preside at every meeting of the Corporation :
Provided that when a meeting is held to consider a motion for the removal of the Chairman, the Chairman shall not preside at such meeting.
(2) In the absence of the Chairman and all members of the panel of the Presiding Officers as aforesaid from a meeting of the Corporation, the elected members present shall choose from amongst themselves one member to preside over the meeting.
(3) The Chairman or the person presiding over a meeting of the Corporation shall have, and shall exercise, only a casting
(1) Any Councillor may give notice of raising discussion on a matter of urgent public importance to the Secretary, specifying the matter to be raised.
(2) Such notice supported by the signature of at least two other elected members shall reach the Secretary at least forty-eight hours before the date on which such discussion is sought and the Secretary shall place it before the Chairman or, in his absence, any member of the panel of Presiding Officers and circulate the same among the members in such manner as he may think fit.
A Councillor may, in such manner as may be prescribed, ask the Mayor-in-Council questions not more than two on any matter relating to the administration of the Corporation and the Mayor, or any other member of the Mayor-in-Council, shall answer all such questions.
(1) Any Councillor may ask for a statement from the Mayor-in-Council on an urgent matter relating to the administration of the Corporation by giving a notice to the Secretary at least one hour before the commencement of the sitting on any day.
(2) The Mayor or a member of the Mayor-in-Council may accordingly make a brief statement on the same day or fix a date for the same.
(1) Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the members of the Corporation and shall, at all reasonable times, be available at the office of the Corporation for inspection by any member of the Corporation, free of cost, and by any other person on payment of such fee as the Corporation may determine.
(2) The minutes of the proceedings of each meeting of the Corporation shall be read out and confirmed at its subsequent meeting.
(3) The manner of transaction of business in the meetings of the Corporation, not specifically provided for in this Act, shall be such as may be prescribed.
(1) If, in the opinion of the State Government, the Corporation has shown its incompetence, or has persistently made default, in the performance of the duties, or in the exercise of the functions, imposed on it by or under this Act or any other law, or has exceeded or abused its powers, the State Government may, by an order with the reasons for making such order, published in the Official Gazette, declare the Corporation to be incompetent or to be in default or to have exceeded or abused its powers, as the case may be, and dissolve it for such period, not exceeding six months, as may be specified in the order:
Provided that no such order shall be made by the State Government unless -
(a) a notice has been given to the Corporation specifying the
(1) With effect from the date of an order made under sub-section (1) of section 60,--
(a) all members of the Corporation, the Mayor-in-Council and any Committee of the Corporation constituted under this Act shall vacate their respective offices, and
(b) all the powers and duties, which under the provisions of this Act or any rule, regulation or by-law made thereunder may be exercised or performed by the Corporation or the Mayor-in-Council or any committee of the Corporation or the Mayor or such other powers and duties as may be specified in the order, shall, subject to the direction issued by the State Government, be exercised or performed by such person or persons as the State Government may appoint in this behalf:
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(1) There shall be a Municipal Fund held by the Corporation in trust for the purposes of this Act and all moneys realised or realisable under this Act and all moneys otherwise received by the Corporation shall be credited to the Municipal Fund.
(2) All moneys received on account of the Municipal Fund shall forthwith be paid in a Government Treasury or in the State Bank of India or in any other nationalised bank or in the State Co-operative Bank for credit to one or more accounts, and each such account shall be called the account of the Corporation to which the money belongs :
Provided that the Corporation may, with prior approval of the State Government, invest money not required for immediate use, in securities or in fixed deposit in the State
Subject to the provisions of section 62, all moneys credited to the Municipal Fund shall be applied to the 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 to the payment of all sums payable out of the Municipal Fund under other law for the time being in force or under any arrangement approved by the State Government.
Any expenditure on physical assets outside the corporation area may, for carrying out the purposes of this Act, be made, if a resolution to that effect is carried out by not less than one-half of the total number of elected members of the Corporation.
Subject to the other provisions, of this Act, payment from the Municipal Fund shall be made in such manner as may be prescribed, and the accounts referred to in sub-section (2) of section 62 shall be operated by such officers of the Corporation as may be prescribed.
No expenditure for any work or for purchase of any materials, as may be necessary for the purposes of this Act, shall be made without the approval of the Corporation at a meeting, if the estimated cost, of such work or purchase of such materials exceeds rupees ten thousand but does not exceed rupees twenty-five lakh :
Provided that where the estimated cost of such work or purchase of such materials exceeds rupees twenty-five lakhs, approval of the State Government shall be obtained.
No payment of any sum out of the Municipal Fund shall be made unless the expenditure on account of such payment is covered by a current budget grant and a sufficient balance of such budget grant is available notwithstanding any reduction or transfer thereof under any provision of this Act:
Provided that this section shall not apply to payment in the following cases:-
(a) refund of taxes and other moneys which are authorised by this Act;
(b) repayment of moneys belonging to contractors or other persons and held in deposit and all moneys collected or credited to the Municipal Fund by mistake;
(c) temporary payment for works urgently required by the State Government in the public interest;
Whenever any payment is made in any of the cases referred to in the proviso to section 67, the Commissioner shall forthwith communicate the circumstances of such payment to the Mayor-in-Council and, thereupon, the Mayor-in-Council may take, or recommend to the Corporation to take, such action under the provisions of this Act as may appear to it to be feasible and expedient for covering the amount of such payment.
(1) The Corporation shall, on or before the 31st day of March in each year, adopt for the ensuing year a budget estimate of the income and the expenditure of the Corporation to be received and incurred on account of the Municipal government of the Corporation area.
(2) The budget estimate shall state the rates at which various taxes, cesses and fees shall be levied by the Corporation in the year next following.
(3) The budget estimate shall state the amount of money to be raised by the Corporation as loan during the year next following.
(4) The Mayor shall present the budget estimate to the Board of Councillors at a meeting on the 15th day of February in
(1) The State Government may give grants or financial assistance to the Corporation with or without direction as to the manner of application of such grants or financial assistance.
(2) The State Government may also lay down the pattern of distribution of such grants or financial assistance and the conditions of release of the grants for the purpose of such distribution.
(3) The State Government shall give grants to the Corporation for implementation in full or in part of any scheme included in the Annual Development Plan.
The Corporation may, by a resolution passed at a meeting, raise loan, by the issue of debentures or otherwise on the security of the property tax or of all or any of the taxes, fees and dues under this Act, or on the guarantee by the State Government, of such sum of money as may be required -
(a) for the construction of works under this Act, or
(b) for the acquisition of land or building for the purposes of this Act, or
(c) to pay off any debt due to the State Government, or
(d) to repay a loan raised under this Act, or
Notwithstanding anything hereinbefore contained, the power of the Corporation to raise loan shall be so limited that the sums payable under this Act during any year for interest and for maintenance of Sinking Funds established under sub-section (1) of section 76 of this Act shall not exceed fifteen per cent of the annual value of lands and buildings as determined under this Act.
Notwithstanding anything contained in section 71, whenever the raising of any loan has been sanctioned by the State Government under that section, the Corporation may, instead of raising such loan or any part thereof from the public, take credit, on such terms as may be approved by the State Government, from any bank on a cash account to be kept in the name of the Corporation Cash Account to the extent of such loan or any part thereof and, with the sanction of the State Government, may grant mortgage of all or any of the properties vested in the Corporation by way of securing the repayment of the amount of such credit or of the sum advanced on such cash account with interest.
Every loan raised by the Corporation under section 71 shall be repaid within the period approved and by such of the following methods as may be approved by the State Government, namely :-
(a) from a Sinking Fund established under sub-section (1) of section 76 in respect of such loan, or
(b) partly from such Sinking Fund and partly from the loan raised for the purpose of repayment of loan under section 71.
All debentures issued under this chapter shall be in such form, and shall be transferable in such manner, as the Corporation may by regulations determine, and the right to sue in respect of the money secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.
(1) The Corporation shall establish a Sinking Fund in respect of each loan raised under section 71 and shall pay into such Sinking Fund every six months a sum so calculated that if regularly paid, such sum together with the compound interest accrued thereon would be sufficient, after payment of all expenses, to pay off the loan within the period approved by the State Government under the proviso to that section.
(2) The rate of interest at which the sum referred to in sub-section (1) shall be calculated shall be such as may be prescribed.
(1) All moneys paid into a Sinking Fund shall, as soon as possible, be invested by the Corporation in-
(a) Government securities, or
(b) securities guaranteed by the Central Government or any State Government, or
(c) debentures issued by the Corporation, or
(d) debentures issued, if any, by a development authority, if any, within the jurisdiction of the Corporation, or
(e) any public security approved by the State Government and held by the Corporation for the purpose of repaying from time to time the loans raised by it by the issue of debentures or otherwise.
(2) All
Until any loan is wholly repaid, the Corporation shall not apply any Sinking Fund established under this Act in respect of such loan for any purpose other than the purpose of repayment of such loan.
(1) The Commissioner shall, at the end of each year, prepare a statement showing -
(a) the amount which has been invested during the year under section 77,
(b) the date of last investment made during the year,
(c) the aggregate amount of securities in the hands of the Corporation, and
(d) the aggregate amount which has, up to the date of the statement, been applied for the purpose of repayment of loan under section 78.
(2) Every such statement shall be laid before a meeting of the Corporation and shall be published in the Official Gazette.
(1) All Sinking Funds established under this Act shall be subject to annual examination by the auditors appointed under section 87, who shall ascertain whether the cash and the value of the securities belonging thereto are equal to the amount which should be at the credit of such funds had investments under section 77 been regularly made and had the interest accruing on account of such investments been regularly obtained.
(2) The amount which should be at the credit of a Sinking Fund shall be calculated on the basis of the sums credited to such fund under sub-section (1) of section 77.
(3) The value of securities belonging to a Sinking Fund shall be their current value, unless such securities become due for redemption at par with or above their
(1) The Corporation may borrow money from the State Government for carrying out the purposes of this Act, other than those referred to in section 71, on such terms and conditions as the State Government may determine.
(2) If any money borrowed by the Corporation from the State Government before the commencement of this Act, or borrowed under sub-section (1), is not repaid, or any interest due in respect thereof is not paid, according to the terms and conditions of such borrowing, the State Government may attach the Municipal Fund or any portion thereof giving an opportunity for conciliation.
(3) After such attachment, no person, other than an officer appointed in this behalf by the State Government (hereinafter referred to in this section as the
If the Corporation fails to make any payment or to transfer any sum under sub-section (4) or sub-section (5), of section 80, the State Government may attach the Municipal Fund or any portion thereof and, thereupon, the provisions of section 81 shall apply mutatis mutandis.
The accounts of all expenditure of the Corporation shall be kept by the Finance Officer in such form, and in such manner, as may be prescribed.
(1) The Chief Auditor shall conduct monthly internal audit of the accounts of the Corporation and shall report thereon to the Commissioner who shall, with the prior approval of the Corporation, cause an abstract of the receipts and expenditure of the month last preceding to be published.
(2) The Chief Auditor shall also conduct such other audit of the accounts of the Corporation as the Corporation may direct.
(1) Notwithstanding anything contained in this Act or the rules or the regulations or the by-laws made thereunder, the Chief Auditor shall -
(a) report to the Commissioner any material impropriety or irregularity which he may, at any time, observe in the expenditure or in the recovery of moneys due to the Corporation or in the accounts of the Corporation;
(b) furnish to the Commissioner such information as he may require on the progress of the audit.
(2) The Commissioner shall cause to be laid before the Corporation every report made to it by the Chief Auditor together with a statement of orders passed thereon by the Commissioner and, thereupon, the Corporation may take such action as it may deem fit
The State Government may by rules provide for the internal audit of the day-to-day accounts of the Municipal Fund and the manner in which such internal audit shall be conducted.
(1) The accounts of the Municipal Fund shall be audited by such auditors as are appointed for audit of accounts of the State Government.
(2) The Commissioner shall submit accounts to auditors as may be required by them:
Provided that the Commissioner shall not be bound to submit accounts of expenditure in connection with any anti-corruption work but shall, if so required by the auditors, furnish certificate, under his signature, of all such expenditure.
(3) The auditors so appointed may, -
(a) by written summons, require the production before them or before any of
The auditors appointed under section 87 shall -
(a) report to the Mayor-in-Council any material impropriety or irregularity which they may observe in the expenditure of, or in the recovery of moneys due to, or in the accounts of, the Corporation;
(b) report to the Mayor-in-Council any loss or waste of money or other property owned by, or vested in, the Corporation and caused by neglect or misconduct, and may, if they think fit, report the names of the persons who, in their opinion, are directly or indirectly responsible for such loss or waste;
(c) furnish to the Mayor-in-Council such information as the Mayor-in-Council may, from time to time, require regarding the progress of audit;
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The Mayor-in-Council shall take necessary action to remove the defects or irregularities that may be pointed out by the auditors and shall report to the Corporation and the State Government the action taken by it:
Provided that if there is a difference of opinion between the Mayor-in-Council and the auditors, the Mayor-in-Council or, if the Mayor-in-Council does not remove any defect or irregularity within such period as may be prescribed, the auditors shall refer the matter to the Corporation and to the State Government within such period, and in such manner, as may be prescribed, and it shall be within the competence of the State Government to pass such order thereon as it thinks fit.
(1) The auditors shall, after giving the person concerned an opportunity to submit an explanation and after considering such explanation, if any, disallow every item of accounts contrary to the provisions of this Act, and surcharge the amount of an illegal payment on the person making or authorizing the making of such payment, and charge against any person responsible therefor the amount of any deficiency or loss incurred by the negligence or misconduct of such person or any amount which ought to have been, but is not, brought into account by such person, and shall, in every such case, certify the amount due from such person.
(2) The auditors shall record the reasons for every disallowance, surcharge or charge under sub-section (1), and shall serve, in the manner prescribed, a certificate for the amount due under that sub-section and a
(1) The Corporation shall refer all reports received under section 89 and section 90 to the Municipal Accounts Committee for their examination and report under sub-section (4) of section 21.
(2) The report of the Municipal Accounts Committee shall be discussed at a meeting of the Corporation for such decision as it may think fit:
Provided that if no report is received from the Municipal Accounts Committee within thirty days from the date of receipt of the report referred to it by the Corporation, the Corporation shall be competent to discuss auditors' reports under section 88 for such decision as it thinks fit.
(3) The Corporation shall publish the audito
Any person from whom any sum has been certified by the auditors under sub-section (1) of section 90 to be due may, within one month after he has received the certificate or has been served with the certificate, either-
(a) appeal to a civil court of competent jurisdiction to set aside or modify the disallowance, surcharge, or charge, as the case may be, and, upon such application, the civil court may, after taking such evidence as it considers necessary, confirm, set aside or modify the disallowance, surcharge or charge, as the case may be, and the certificate, and pass such order as to costs a sit may think proper, or
(b) appeal to the State Government, and, thereupon, the State Government shall pass such order as it thinks fit, and the decision of the State Government on such appeal shall
Where an amount is certified under sub-section (1) of section 90 to be due from any person, such amount, or where such person proceeds under section 92, such amount as the civil court or the State Government, as the case may be, may decide to be due from such person, shall be paid within three months from the date of serving of certificate under sub-section (2) of section 90 or, as the case may be, within such period, not less than three months from the date of such decision as the civil court or the State Government, as the case may be, may allow, and, in the case of default of payment, the amount shall be recoverable by the Corporation as an amount decreed by the civil court.
(1) Any cost allowed by the civil court under clause (a) of section 92 shall be paid out of the Municipal Fund within such period as the State Government may fix in this behalf.
(2) If the Corporation fails to pay such cost within the period fixed by the State Government under sub-section (1), the State Government may attach the Municipal Fund or any portion thereof, and the provisions of sub-section (2) of section 81 shall, with all necessary modifications, be deemed to apply in respect of such attachment.
Where a person from whom an amount is certified to be due under section 90 is a member of the Corporation or of a committee thereof or is an officer or other employee of the Corporation and where such person has not paid such amount within three months from the date of such certificate, or where, on an appeal to a civil court or the State Government under section 92, an amount has been declared to be due from such person under clause (a) or clause (b) of section 92 but has not been paid by such person within such period, not less than three months from the date of such declaration, as may be allowed to him under section 93, such person shall be deemed to have vacated his seat or to have been dismissed from the service of the Corporation, as the case may be, with effect from the date of an order to be made by the State Government in his behalf and shall not be eligible for re-election or re-appointment, as the case may be, unt
(1) The State Government may make rules for the purposes of carrying out the provisions of this chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters;-
(a) the form and the manner in which the accounts of the Corporation shall be kept under section 83;
(b) the time period within which, and the manner in which, the matter referred to in the proviso to section 89 shall be referred to the State Government;
(c) the publication of the auditors' reports together with the reports of the Municipal Accounts Committee under sub-section (3) of section 89;
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It shall be the obligatory duty of the Corporation to make reasonable and adequate provisions for the following matters within the jurisdictional limits of the Corporation area and within the financial means at its disposal, namely;-
(1) in the sphere of public works, -
(a) construction and maintenance of waterworks and providing, by itself or by an agency, means for supply of water for public and private purposes;
(b) providing, by itself or by an agency, means of supply of water for fire- fighting purposes;
(c) construction, maintenance and cleansing of sewers and drains, sewerage and drainage works;
(d) construction, maintenance and cleansing of public l
The Corporation may, at its discretion provide, either wholly or partly, out of the property of the Corporation and Municipal Fund, for the following matters within the limits of the Corporation area namely:-
(1) in the sphere of public works, -
(a) giving relief to, and establishing and maintaining relief works in times of famine or scarcity for, destitute persons within the limits of the Corporation area;
(b) construction or maintenance of, or providing, or giving aid for, passengers' sheds, libraries, museums, community halls, offices, godowns, shops, markets, dharmashalas, rest houses, or places of entertainment and homes for the disabled and the destitute, other buildings, and domiciliary care of the sick, orphan, destitute and aged people,
(1) Notwithstanding anything contained 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 order published in the Official Gazette, to the Corporation any such function or duty of the State Government under any law which the State Legislature is competent to make, or which is otherwise within the executive power of the State and appears to relate to a matter arising within the Corporation area, being of an administrative character, and shall, on such transfer, allot to the Corporation such fund and personnel as may be necessary to enable the Corporation to discharge the function, or the duty, so transferred.
(2) Without prejudice to the generality of the provisions of sub-section (1), the State Government may transfer to the Corporation such func
Notwithstanding anything contained in the foregoing provisions of this Act or in any other law for the time being in force, the Corporation may, if it is of opinion that it is necessary so to do in the public interest, transfer, by contract or otherwise and with the prior approval of the State Government, any function or functions of the Corporation under this Act to any individual or organization, including a Government organization, in such manner, and on such terms and conditions, as may be determined by the Corporation and approved by the State Government:
Provided that such transfer of function or functions of the Corporation to such organization shall not absolve the Corporation from the responsibility of carrying out the provisions of this Act in relation to the function or functions so transferred.
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(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Corporation may, with the prior approval of the State Government, enter into any business itself, or Joint Venture basis, or Partnership basis with any individual or organisation, on such terms and conditions as may be decided by the Corporation and agreed to by the partner or partners of such Joint Venture or Partnership Business after being approved by the State Government.
(2) The Corporation may, with the prior approval of the State Government, invest the Corporation properties in the Joint Venture or Partnership Business mentioned in sub-section (1).
(3) For financial investment from the Corporation Fund, either in any business proposed t
(1) The Corporation 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 newspapers,
(c) a tax on carts, carriages and animals, and
(d) toll on -
(i) ferry,
(ii) bridge, and
(iii) heavy truck which shall be a heavy goods vehicle, and bus which shall be a heavy passenger motor vehicle, within the meaning of the Motor Vehicles Act, 1988, (59 of 1988) plying on public street.
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(1) The Corporation may levy a fee per head or per vehicle for providing municipal services to persons or vehicles assembling in connection with any congregation of whatever nature, including pilgrimage, fair, festival, circus or yatra, within the Corporation area.
(2) The fee for the purposes of sub-section (1) shall be such as may be determined by the Corporation from time to time and shall not exceed rupees two per person and rupees ten per vehicle, besides the levy of such fee on each of the passengers in the vehicle.
(3) The Corporation may make regulations specifying the occasions on which such fee may be levied, and the rate of such fee, the mode of collection, and the matters connected therewith or incidental thereto.
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(1) The Corporation may levy a fee per head or per vehicle for providing municipal services to such persons or vehicles as are visiting a Corporation area for the purpose of sight-seeing:
Provided that such fee shall not be levied on persons or vehicles passing through the Corporation area.
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(2) The fee for the purposes of sub-section (1) shall be such as may be determined by the Corporation from time to time and shall not exceed rupees three per person, and rupees fifty per vehicle, besides the levy of such fee on each of the passengers in the vehicle.
(3) The Corporation may make regulations specifying the
(1) The Corporation may levy a special conservancy charge for providing municipal services in connection with the removal of solid wastes.
(2) The special conservancy charge for the purposes of sub-section (1) shall be such as may be determined by the Corporation from time to time.
(3) The Corporation may make regulations specifying the occasions on which such special conservancy charge may be imposed, and the rate of such special conservancy charge, the mode of collection, and the matters connected therewith or incidental thereto.
The Commissioner may levy, on the owner or occupier of any premises, administrative charges or special cleansing service charges for sweeping, cleansing of premises, and for collecting and final disposal of the rubbish and offensive matters, at such rates, as the Mayor-in-Council may determine from time to time. Any unpaid sum under this section shall be recoverable from the person concerned as an arrear tax under this Act.
(1) The Corporation may, levy fee for any licence issued, or permission granted, under the provisions of this Act, and may also impose charge for any specific service rendered in pursuance of the provisions of this Act.
(2) The State Government may prescribe the scale at which such fee may be levied or such charge may be imposed.
(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 Corporation.
(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/100 + 10] per cent of the annual value:
(b) where the annual value of lands and building exceeds nine hundred ninety nine rupees, the property tax shall be determined in accordance with the following formula :- [annual value/1000 + 20] per cent of the annual value :
A surcharge, not exceeding 50 per cent of the total amount of the property tax imposed on a holding, may be levied, if such holding is used wholly or in part for commercial, industrial or other non-residential purposes, and the Corporation shall decide the rate of surcharge which shall form part of the property tax for the purpose of recovery.
The State Government may, by order, exempt from the payment of any rate, tax, toll or fee, payable under the provisions of this Act, any diplomatic or consular mission of a foreign State and the diplomatic and consular officers of such mission.
Notwithstanding anything contained in the foregoing provisions of this chapter, lands and buildings, which are the properties of the Central Government, shall be exempted from the property tax:
Provided that nothing in this section shall prevent the Corporation 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 Corporation may levy a service charge on such lands and buildings on the basis of annual value, and at such rate, as may be determined by the Central Government.
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 public burial or as burning ground, or any other place used for disposal of the dead and duly registered under this Act, or
(c) open spaces, including parade grounds, which are the properties of the Government, or
(d) social welfare homes run by the State Government, shall be exempted from the property tax.
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(1) The Corporation may exempt from property tax, either wholly or in part, any holding which is exclusively used with the approval of the Corporation for public charity or philanthropic purpose or for the purpose of medical relief to, or education of, the poor, free of charge.
(2) All primary, secondary or higher secondary schools, run or sponsored by the Government, shall be exempted from the property tax:
Provided that the Corporation may levy a service charge, at such rate as may be determined by the Corporation, for water-supply and garbage clearance in the case of such primary schools, and shall levy a service charge, not exceeding 1 per cent, of the annual valuation of lands and buildings of such schools, other than primary schools.
All educational institutions, other than the primary, secondary or higher secondary schools referred to in sub-section (2) of section 113, owned or sponsored by the Government, shall be exempted from property tax :
Provided that the Corporation may impose a service charge, not exceeding five per cent of annual valuation of lands and buildings of such educational institutions, for providing civic services to such educational institutions.
Notwithstanding anything contained in the foregoing provisions of this chapter, the Corporation may, by a resolution exempt 25 per cent of the property tax in respect of any holding belonging to an ex-serviceman, or family of a deceased soldier, who has no other land or building in any part of the State of West Bengal and who is residing in that holding.
Whenever from the circumstances of a case, it appears to the Corporation that the levy of property tax for any year on any holding in the Corporation area would cause excessive hardship to the person liable to pay such tax, the Corporation may reduce the amount of such tax payable on account of such holding, or may realise such tax by instalments:
Provided that no such tax shall be reduced, or realised by instalments, more than once unless the Corporation decides otherwise.
(1) When any land and building has remained vacant or unproductive of rent for ninety consecutive days or more, the Corporation may, upon an application in writing from the owner, grant remission or refund of one-half of the amount of property tax due for the period of such vacancy.
(2) The Corporation may make regulations for the purpose of granting remission or refund of property tax under sub-section (1).
The Corporation may exempt from property tax any holding comprising land or building, the annual valuation of which does not exceed five hundred rupees :
Provided that where a person owns or occupies more than one holding the aggregate annual value of which exceeds five hundred rupees; such holding shall not be exempted from the property tax.
(1) Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1997, (West Ben. Act XXXVII of 1997.) 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 for the cost of repairs and other expenses necessary to maintain such land or building in a state to command such gross rent.
(2) The annual value of a holding comprising vacant land only shall be deemed to be an amount which may be equal to, but may not exceed, five per cent of the estimated market value of the land at the time of assessment
(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 the provisions of this chapter, the annual value of any building erected on such land is not entitled to any exemption from the property tax, and the annual value of such building 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 land or buildings, to the exte
(1) The annual value of a holding comprising land or building which 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 Corporation shall cause a general valuation of all holdings in accordance with the provisions of this chapter as soon as possible after the constitution of a new Corporation and at periodic intervals so as to ensure that there is a revision of annual valuation of all holdings at the termination of successive period of five years.
(1) The annual valuation of holdings under this chapter shall be made, unless otherwise directed by the State Government, by the West Bengal Valuation Board, established 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 108 on the basis of such valuation list, and disposal of all applications for review, shall abide by the provisions of that Act.
(2) The list prepared under sub-section (1) shall be the assessment list of the Corporation.
(3) When the Corporation is directed by the State Government to undertake the preparation of valuation list, the Corporation shall determine the annual value of all holdings within the Corporation
(1) When an assessment list is prepared or revised by the Corporation, it shall cause the assessment list to be published together with a public notice of the place where the assessment list may be available for inspection.
(2) In all cases in which any property is assessed for the first time, or the assessment is increased, the Corporation shall also give a written notice of such assessment or such increase, as the case may be, to the owner or the occupier of the property, if known.
(3) Such assessment list shall take effect from the beginning of the quarter of a year immediately following its publication.
(1) Any person, who is dissatisfied with the assessment as appearing in the assessment list referred to in section 124, may prefer an application for review before the Corporation within a period of one month from the date of service of the written notice under sub-section (2), or within three months from the date of publication of the assessment list under sub-section (1), of section 124.
(2) No such application for review shall be entertained unless the amount of property tax on the basis of the previous valuation of any land or building has been paid, or has been deposited in the office of the Corporation, before such application is preferred, and every such application shall stand rejected unless such property tax is continued to be paid, or deposited, in the office of the Corporation, till such application is finally disposed of.<
(1) Every application under sub-section (1) of section 125 shall be heard and determined by a Review Committee to be constituted by the Corporation in the manner hereinafter provided in this section :
Provided that where the Review Committee reduces the valuation of any land or building, such reduction shall not be more than 25 per cent. 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 Committee shall be presided over by the Mayor or the Deputy Mayor and shall consist of not less than two, but not more than four, Councillors appointed by the Corporation at a meeting
(1) Notwithstanding anything contained in this chapter or in any other law for the time being in force, the Corporation may, for reasons to be recorded in writing, at any time, direct amendment or alteration of the assessment list in any of the following cases :-
(a) when the ownership of a holding changes, or
(b) when any tenancy or rent in respect of a holding changes, or
(c) when the nature or use of a holding changes, or
(d) when the land or the building comprised in a holding has been redeveloped or substantially altered or improved during the period the annual valuation remains in force, or
(e) when a holding has been acquired by purchase or otherwise
(1) When a new building has been constructed, or a new holding has been created by mutation or by transfer or upon the inclusion of any local area within the Corporation or otherwise, during a period as assessment list remains in force, the Corporation may, at any time, cause the annual valuation of such building or holding, and assessment thereon, to be made in accordance with the provisions of this Act.
(2) Before finalizing the annual valuation and assessment of such holding, the Corporation shall give the owner or the occupier an opportunity to preferan objection, if any, to the proposed valuation within such period as the Corporation may specify, and such objection shall be heard and determined by the Review Committee constituted under section 126.
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In case of any addition to, or alteration in, the assessment list under the provisions of section 127 or section 128, as the case may be, the Commissioner shall bring such addition to, or alteration in, the notice of the West Bengal Valuation Board established under West Bengal Valuation Board Act, 1978, (West Ben. Act LVII of 1978).
(1) The Corporation may, with a view to determining the annual value of any holding, by service of a notice, in writing, require the owner or the occupier of the land or the building comprised in such holding or portion thereof, to submit a return in such form, within such period, and in accordance with such procedure, as may be prescribed.
(2) The Corporation may, by service of a notice, in writing, require the owner or the occupier of any holding or portion thereof used for public show of cinema or theatrical performance or as a place of similar public recreation, amusement, or entertainment to furnish return in such form, within such period, and in accordance with such procedure, as may be prescribed.
(3) Every owner or occupier on whom a not
(1) Whenever the title of any person to any land or building is transferred, such person, if primarily liable for payment of property tax on such land or building, and the person to whom the title is so transferred, shall, within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Commissioner.
(2) In case of death of any person primarily liable for payment of property tax on land or building as aforesaid, the person upon whom the title of such land or building devolves shall, within six months from the date of death of the former, give notice of such devolution in writing to the Commissioner.
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(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 previously, 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 subjected to revision of assessment consequent upon such redevelopment or alteration or improvement, as the case may be, or
(d) any new building or existing building referred to in clause (a) or clause (b), the bills in respect of which have riot been issued, shall pay such amount of property tax, together wi
(1) The Corporation shall levy a surcharge on the transfer of immovable property situated within the Corporation area concerned, in the form of additional stamp duty.
(2) The rate of surcharge, and the manner of -
(a) collection of the surcharge,
(b) payment of the surcharge to the Corporation, and
(c) deduction of the expenses, if any, incurred by the State Government in course of collection of the surcharge, shall be such as may be prescribed.
(1) The property tax on land and building shall be primarily leviable,-
(a) if the land or the building is let, upon the lessor, or
(b) if the land or the building is sublet, upon the superior lessor, or
(c) if the land or the building is unlet, upon the person in whom the right to let such land or building vests.
(2) The property tax on any land or building, which is the property of the Corporation and the possession of which has been delivered under any agreement or in accordance with the terms and conditions of any licence, shall be leviable upon the transferee or the licensee, as the case may be.
(1) If the annual value of any land or building exceeds the amount of rent of such land or building payable to the person on whom the property tax on such land or building is liable under section 134, such person shall be entitled to receive from his tenant the difference between the amount of the property tax on such land or building and the amount which would be leviable, if the property tax on such land or building were calculated on the basis of the rent payable to him.
(2) If the annual value of any land or building which is sublet exceeds the amount of rent of such land or building payable to the tenant by his sub-tenant or to the sub-tenant by the person* holding under him, the tenant or the subtenant, as the case may be, shall be entitled to receive from his sub-tenant or the persons holding under him, as the case may be, the d
(1) On the failure to recover any sum due on account of property tax on any land or building from the person primarily liable therefor under section 134, the Commissioner shall recover from the occupier of such land or building, by attachment of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of such land or building.
(2) An occupier, from whom any sum is recovered under sub-section (1), shall be entitled to be reimbursed by the person primarily liable for the payment of such sum, and may, in addition to having recourse to other remedies that may be open to him, deduct the amount so recovered from the amount of any rent becoming due f
save as otherwise provided in this Act, the property tax on any land or building under this chapter shall be paid by the person liable for the payment therefor in quarterly instalment.
(1) Notwithstanding anything contained elsewhere in this Act, the property tax on land and building in a bustee shall, after deducting therefrom a sum equal to one-eighth of such property tax, be paid by the owner of the land in such bustee.
(2) Whenever a property tax on land and building in a bustee is leviable, the owner of the land in such bustee may recover from the owner of each hut standing thereon-
(a) half of the property tax on the land on which the hut stands; and
(b) the property tax on the hut standing on the land.
(3) The sum deducted under sub-section (1) shall be retained by the owner of the la
If any surcharge is levied on the property tax on any land or building, the person liable to pay such surcharge may recover the same from the occupier of such land or building who uses it for non-residential purpose :
Provided that if there is more than one such occupier, the amount of surcharge may be rateably apportioned among them by such person for the purpose of recovery under this section.
(1) When a person liable for the payment of property tax on land and building or surcharge on the property tax defaults to pay the sum due within the prescribed period, a sum, not exceeding twenty-five per cent. of the amount of the property tax or the surcharge, as may be determined by the Corporation by regulations, may be recovered from him by way of penalty, in addition to the amount of the property tax or the surcharge payable by him.
(2) The amount due as penalty under sub-section (1) shall be recoverable as an arrear of tax under this Act.
(1)Every person engaged, or intending to be engaged, in any of the professions, trades and callings, as specified in Schedule II, in any area within the jurisdiction of the Corporation, 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 Commissioner or, in his absence, the officer authorised to function as the Commissioner, upon presentation of an application together ' with such application-fee, not exceeding rupees two thousand and five hundred, as may be determined by the Corporation by regulations :
Provided that such certificate of enlistment or renewal thereof shall not absolve such person from any liability to obtain any licence under this Act or under any other law for the time being in force,
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(1) Every person, who erects, exhibits, fixes, or retains upon or over any land, building, wall, hoarding, frame, post, kiosk, structure, neon-sign or sky-sign, or on, upon, or in, any vehicle any advertisement, or who displays any advertisement to public views in any manner whatsoever, visible from a public street or other public place (including any advertisement exhibited by means of cinematograph or broadcast by radio or television), shall pay for every such advertisement, which is so erected, exhibited, fixed, retained or displayed to public view, a tax at such rate, not below the rate mentioned in Schedule III, as the Corporation may determine.
(2) When any person pays any tax for any advertisement under sub-section (1), the Commissioner shall grant him a licence in respect of such advertisement specifying the period for which it
(1)Except under, and in conformity with, the terms and conditions of a licence, no person being the owner, lessee, sub-lessee or occupier, or being an advertising agent, shall use or allow to be used any site in any land, building, or wall or erect, or allow to be erected, on any site any hoarding, frame, post, kiosk, structure, neon-sign or sky-sign for the purpose of display of any advertisement.
(2) For the purpose of advertisement, every person -
(a) using any site before the commencement of this Act, within ninety days from the date of such commencement, or
(b) intending to use any site, or
(c) whose licence for use of any site is about to expire, sha
No advertisement for which tax is payable under section 142 shall be erected, exhibited, fixed, or retained upon or over any land, building, wall, hoarding, frame, post, kiosk, structure, neon-sign, or sky-sign, or shall be displayed to public view in any manner whatsoever in any place, unless the tax is paid.
Where any advertisement has been erected, exhibited, fixed, or retained upon or over any land, building, wall, hoarding, frame, post, kiosk, structure, neon-sign, or sky-sign or displayed to public view in every manner whatsoever in any place in contravention of the provisions of this Act or the rules or the regulations made thereunder, it shall be presumed that the contravention has been committed by the person or persons or their agents on whose behalf the advertisement purports to be so erected, exhibited, fixed or retained.
If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or this rules or the regulations made thereunder, the Commissioner may require the owner or the occupier of the land, building, wall, hoarding, frame, post, kiosk, structure, neon-sign or sky-sign, upon or over which such advertisement is erected, exhibited, fixed, or retained, to take down or remove such advertisement or may enter any building, land or property with prior notice and have the advertisement dismantled, taken down, removed, spoiled, effaced, or screened.
The provisions of sections 142 to 144 shall not apply to any advertisement which -
(a) relates to a public meeting, or an election to the Parliament or the State Legislature or the Corporation, or any candidature in respect of such election; or
(b) is exhibited within the window of any building if the advertisement relates to any trade, profession or business carried on in such building; or
(c) relates to any trade, profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on or upon or in such land or building; or
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A tax shall be imposed by the Corporation on all carts, carriages, and animals kept within the boundaries of the Corporation area except the -
(a) carriage kept for sale by bona fide dealers in Garages and not used for any other purpose;
(b) carriages and animals maintained by any authority for the purpose of a fire brigade;
(c) carriages and animals belonging to Government and maintained for police or military purposes; and
,
(d) such other classes of carriages and animals as may be prescribed.
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The rate of tax on carriages and animals shall be such as may be determined by regulations, and different rates may be fixed for different classes of carriages or animals:
Provided that the rate of such tax shall not exceed one hundred rupees annually in the case of a carriage or an animal.
The tax on carriages and animals shall be leviable on the owners or the persons having possession or control or the carriages and animals: I
Provided that in the case of an animal generally used or employed in drawing any carriage, the tax in respect of such animal shall be leviable on the owner or the person having possession or control of such carriage, whether or not such animal is owned by such owner or such person.
(1) When the owner, or the person having possession or control, of any carriage or animal pays to the Corporation the tax payable by him under this Act, the Commissioner shall grant him a licence.
(2) The Commissioner may require the owner, or the person having possession or control, of any carriage or animal or the occupier of any land or building on or in which any animal is kept to furnish such statement in relation to the carriage or the animal as aforesaid as may be prescribed.
(3) The Commissioner may, by a notice, in writing, require any person, who carries on trade or business of a livery stablekeeper, to produce for inspection all books and accounts relating to such trade or business.
The Corporation may compound, for any period not exceeding one year at a time, with any livery stablekeeper or other person keeping vehicles for hire or animals for sale or hire, for a lump sum to be paid by such livery stablekeeper or other person in respect of the vehicle or animal so kept in lieu of the taxes for which such livery stablekeeper or other person would otherwise be liable to pay under this Act.
The Corporation may, by regulations, determine the manner of imposition, payment, refund, and remission of tax on carriages and animals, the time for payment of such tax, and the conditions under which a licence may be granted.
The Corporation may, with the sanction of the State Government,-
(i) establish a toll-bar on any public street (except a kutcha road), wherever situated in the Corporation area, vested in the Corporation and constructed or reconstructed by or on behalf of the Corporation and
(ii) levy tolls at such toll-bar on persons, vehicles and animals passing over such street:
Provided that no toll-bar shall be established, or tolls levied, otherwise than for the purpose of recovering -
(a) the expenses incurred by the Corporation in constructing or reconstructing such street,
Where any ferry is controlled by the Corporation, the provisions of sections 132, 133, 134, 135, 136, 137 and 138 of the West Bengal Municipal Act, 1993, (West Ben. Act XXII of 1993.) shall apply to such ferry mutatis mutandis, and the powers vested in, or the duties imposed on, the Chairman-in-Council, or the Board of Councillors, of a Municipality by or under that Act shall be exercised by the Corporation.
Save as otherwise provided in this Act, any tax levied under this Act may be recovered in accordance with the following procedure, and in such manner, as may be prescribed -
(a) by presenting a bill, or
(b) by serving a notice of demand, or
(c) by distraint and sale of defaulter's movable property, or
(d) by attachment and sale of defaulter's immovable property, or
(e) in the case of property tax on lands and buildings, by attachment of rent due in respect of such lands and buildings, or
(1) Save as otherwise provided in this Act, any tax levied under this Act shall be payable on such dates, in such number of instalments, and in such manner, as may be prescribed.
(2) If any amount due is paid on or before the date prescribed under sub- section (1), a rebate of five per cent of such amount shall be allowed.
When any tax has become due, the Commissioner shall cause to be presented to the person liable for the payment thereof a bill of the amount due:
Provided that no such bill shall be necessary in the case of -
(a) a tax on advertisements;
(b) a toll.
Explanation.-A bill shall be deemed to be presented under this section if it is sent by post under certificate of posting to the person liable for payment of the amount included in the bill, and, in such case, the date borne on such certificate of posting shall be deemed to be the date of presentation of the bill to such person.
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(1) If a person liable for payment of any tax does not, within thirty days of service of the notice of demand under section 159, pay the sum due and if no appeal is preferred against such tax, he shall be deemed to be in default.
(2) When a person liable for payment of any tax is deemed to be in default under sub-section (1), such sum, not exceeding fifteen per cent, of the amount of tax, as may be determined by the Corporation by regulations, may be recovered from him by way of penalty, in addition to the amount of the tax, the fee for notice of demand under sub-section (2) of section 159, and the simple interest payable under sub-section (3) of this section.
(3) A simple interest on any amount of tax remaining unpaid shall, with effect from th
(1) If any person liable for payment of tax does not, within thirty days of the expiry of thirty days referred to in sub-section (1) of section 160, pay the amount due, such sum together with all costs, interest due and penalty may, under a warrant issued in such form as may be specified by the Corporation by regulations, be recovered by distress and sale of the movable property, or by attachment and sale of the immovable property, of such person :
Provided that the Commissioner shall not recover any sum, the liability of which has been remitted on appeal Under the provisions of this Act.
(2) Every warrant issued under this section shall be signed by the Commissioner or any officer authorised by him in his behalf.
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It shall be lawful for any officer or other employee of the Corporation, to whom a warrant issued under this chapter is addressed, to distrain, wherever it may be found in any place in the Corporation area, any movable property belonging to the person therein named as defaulter, subject to the following condition, exception and exemption, namely :-
(a) the following property shall not 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, and
(iii) books of accounts;
(b) the distress shall not be excessi
(1) When the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Commissioner shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and he shall sell it accordingly by public auction unless the amount mentioned in the warrant of distress issued under section 162 is forthwith paid.
(2) If the warrant is not in the meantime suspended by the Commissioner or is not discharged, the property seized shall, after the expiry of the period mentioned in the notice under clause (c) of section 162, be sold by public auction by order of the Commissioner.
(3) When a war
(1) If the Commissioner has reason to believe that any person, from whom any sum is due or is about to become due on account of any tax, is about to move from the Corporation area, he may direct such person to make immediate payment of the sum which is due or is about to become due, and may cause a notice of demand for such sum to be served on such person.
(2) If, on the service of the notice under sub-section (1), such person does not forthwith pay the sum which is due or is about to become due, the amount shall be recovered by warrant of distress or attachment, and by sale, in the manner hereinbefore provided, and the warrant of distress of attachment may be issued and executed, and the sale may be made, without any delay.
After a person has been proceeded against unsuccessfully or with partial success under for foregoing provisions of this chapter, any sum due, or the balance of any sum due, may be recovered from him under the provisions of the Bengal Public Deman'ds Recovery Act, 1913.
No distress under this act shall be deemed to be unlawful, nor shall any person executing the same be deemed to be a trespasser, on account of -
(a) want of any form, or any defect, 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, in full satisfaction, any damage considered by such court to be special and sustained by him.
(1) For the purpose of recovery of any property tax from any occupier under section 136, the Commissioner shall cause to be served on such occupier a notice requiring him to pay to the Corporation any rent due or falling due from him in respect of the land or building to the extent necessary to satisfy the portion of the sum due for which he is liable to pay under the said section.
(2) Such notice shall operate as an attachment of such rent unless the portion of the sum due shall have been paid and satisfied, and the occupier shall be entitled to credit in account with the person to whom such rent is due for any sum paid by him to the Corporation in pursuance of such notice:
Provided that if the person to whom such rent is due is not the person
Where any land or building is in the occupation of any person, not being the owner or the 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 no 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.
(1) If any money is due to the Corporation under this Act from the owner of any land or premises on account of property tax on lands and buildings or any other tax, expenses or charges recoverable under this Act, and if the owner of such land or premises is unknown or the ownership thereof is disputed, the Commissioner may published twice, at an interval of not less than two months, a notification of such money and of sale of such land or premises for realisation thereof of the money and after the expiry of not less than one month from the date of last publication of such notification, may, unless the money is paid, 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 such sale. Such notification shall be published in the Official Gazette and in local newspapers and by d
(1) No assessment and no charge or demand of the property tax on lands and buildings or of any other tax, made under this Act, shall be called in question or shall, in any way, be affected by reason of -
(a) any clerical or arithmetical mistake arising from any accidental slip or omission -
(i) in the name, residence, place of business or occupation of any person liable to pay such tax, or
(ii) in the description of any property or thing liable to such tax, or
(iii) in the amount of assessment of such tax, or
(b)
(i) any clerical error, or
The Corporation may, by order, strike off in the books of the Corporation any such due on account of the property tax on lands and buildings or any other tax or on any account, which may appear to it to be irrecoverable.
Save as otherwise provided in this Act, any person primarily liable to pay the property tax in respect of any land or building may recover, -
(a) if there be but one occupier of the land or the building, from such occupier half of the amount paid, and may, if there be more than one occupier of the land or the building, recover from each occupier half of such amount as bears to the total amount paid by the owner the same proportion as the value of the portion of the land or the building in the occupation of such occupier bears to the entire value of such land or building:
Provided that if there be more than one occupier of the land or the building, such half of the amount may be apportioned and recovered from each occupier, in such proportion as the annual value of the portion occupied by hi
If any person is primarily liable to pay any property tax on any land or building and is entitled to recover any sum from an occupier of such land or building, he shall have, for recovery thereof, the same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled to recover such sum.
The property tax on land and building due from any person shall, subject to prior payment of land revenue (if any) due to the State Government thereupon, be a first charge upon the land or the building belonging to such persons and upon the movable property (if any) found within or upon such land or building.
In this chapter, unless the context otherwise requires,-
(1) "main" means a trunk main, or reserve main, or service main, as the case may be, in a given context;
(2) "reserve main" means a main laid by the Corporation or any other agency for the purpose of giving a general supply of water as distinct from a supply to individual consumers, and includes any apparatus used in connection with reserve main;
(3) "service main" means so much of any main for supplying water from a reserve main to any premises as is subject to water pressure from that reserve main or would be so subject but for the closing of some tap;
(1) It shall be the duty of every Corporation to provide a supply of wholesome water for the domestic use of the inhabitants.
(2) The supply of water for domestic and non-domestic uses may be charged for at such scale of fee, or price, on the basis of annual valuation of the holdings of the beneficiary concerned or other criteria, such as consumption of water as may be prescribed :
Provided that in the case of Water Supply Projects, implemented in any Corporation area with external aid or on joint venture basis or through private participation, the Corporation may make regulation fixing fees for supply of water and other allied matters associated with the Project, as may be necessitated by the terms and conditions of the project.
The Corporation shall provide for a supply of unfiltered water -
(a) in those parts of the Corporation area in which such water is provided immediately before the commencement of this Act, and
(b) in such other parts of the Corporation area is it may think fit:
Provided that the Corporation may discontinue the supply of unfiltered water in any part of the Corporation area where a supply, in sufficient quantity, of wholesome water becomes available.
(1) The Corporation shall, subject to the rules or the regulations made in this behalf, provide supply of wholesome water, either in pipes or by sinking tube-wells or otherwise, to huts or bustees for domestic purposes of the occupants thereof.
(2) The Corporation shall provide, where it is so available, supply of unfiltered water for the flushing of privies in bustees.
(1) The Commissioner may, with the prior approval of the Mayor-in-Council, erect hydrants or stand-posts for supply of wholesome water to the public within the Corporation area through other conveniences :
Provided that for the purpose of safety, maintenance and regulation of use of such hydrants or stand-posts, the Commissioner may place them under the charge of any person or agency or organisation who may realize from each consumer such fee as the Mayor-in-Council may determine :
Provided further that the person or agency or organisation as aforesaid shall perform such functions as the Corporation may, by regulations, provide :
Provided also that instal
(1) The use of wholesome water shall be for domestic purposes only.
(2) The supply of water for domestic purposes under this Act shall not be deemed to include any supply of water-
(a) for washing of animals kept for sale or hire, or
(b) for such trade, manufacture or business as may be determined by the Corporation, or
(c) for fountains or swimming-baths, or
(d) for watering gardens or streets, or
(e) for any ornamental or mechanical purpose, or
(f) for building purpose, or
(g)
(1) The Commissioner may supply water for any purpose, other than domestic purpose, on receiving a written application specifying the purpose for which the supply of water is required and the quantity of water is likely to be consumed.
(2) Subject to the provisions of sub-section (1), when an application under that sub-section is granted, the Commissioner may, by order, place, or allow to be placed, the necessary pipes and water-fittings of such dimension and character as may be specified in the order.
(3) Notwithstanding anything contained in sub-section (1) of this section or elsewhere in this Act, the Commissioner, on receipt of any information that the water supplied under that sub-section is being consumed for any any purpose, other than th
The Commissioner shall, on demand, supply to any ship at a port situated within the Corporation area a reasonable supply of wholesome water for use during voyage at such price for every thousand litres, and on such conditions, as the Corporation may determine.
(1) The Corporation may, at any time, on receiving an application from a Municipality, or from a Cantonment Board or from any other authority in respect of any area adjacent to the Corporation area which may be included in the Corporation area under clause (c) of section 8 give direction that such quantity of wholesome water per diem as may be determine by it shall be delivered into such reservoirs or pipes of such Municipality or Cantonment Board or other authority, as the case may be, as may be specified in such application.
(2) The supply of wholesome water under sub-section (1) shall be on payment of such rate, not being less than the cost of production and delivery (including the costs for debt servicing, depreciation of plant and machinery, losses, and other charges, if any), as the Corporation may determine.
Where any supply of wholesome water has been made to any premises or building, either for domestic purpose or for any other purpose, through a meter or ferrule attached to the supply pipe in such premises or building, it shall be presumed, irrespective of the size of the ferrule, that the supply of as much quantity of such wholesome water as may pass through such ferrule has been made and there shall not be raised any dispute about the payment of any fee for such supply on any ground whatsoever, except on the ground of disconnection, if any, of the supply pipe as aforesaid under any provision of this Act or the rules or the regulations made thereunder.
Where the address of the owner of a motor vehicle, as recorded in the certificate of registration of such motor vehicle under any law for the time being in force, is within the jurisdiction of the Corporation, or where such motor vehicle is kept in any area within the jurisdiction of the Corporation, it shall be presumed that additional water for washing such motor vehicle has been consumed by such owner, and the Corporation shall have the power to levy fee, on such owner, at such rate, as may be stated in the budget estimate under sub-section (2) of section 69 or as may be fixed by regulations under the first proviso to sub-section (1) of section 181.
All rights over the subsoil water resources in the Corporation area shall vest in the Corporation.
(1) For the purpose of providing the Corporation area with proper and sufficient supply of water for public and private uses, the Corporation may-
(a) plan, construct, operate, maintain, and manage waterworks, either within or outside the Corporation area;
(b) purchase, or take on lease, any waterworks, or any water, or any right to store, or to take and convey, water either within or outside the Corporation area;
(c) enter into an arrangement with any person and authority for supply of water:
Provided that the Corporation may, with the approval of the State Government, make over to, or take over from, any organization established under any law for the tim
Subject to the other provisions of this Act, the Commissioner shall manage all waterworks and allied facilities belonging to the Corporation and shall maintain such waterworks and allied facilities in good repair and efficient condition and shall cause to be done all such things as shall be necessary or expedient for improving such waterworks and allied facilities.
(1) The Commissioner, or any person appointed by the State Government under section 190, may, for the purpose of inspection or repair or execution of any work in, upon, or in connection with, any waterworks, at all reasonable times,-
(a) enter upon, and pass through, any land within or outside the Corporation area, adjacent to, or in the vicinity of, such waterworks, in whomsoever such land may vest;
(b) convey through any such land all necessary materials, tools and implements.
(2) While exercising any of the powers under sub-section (1), as little damage as possible shall be done, and compensation for any damage in course of exercise of any such power shall be paid -
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The State Government may appoint any person for the purpose of inspection of any waterworks and, thereupon, such person may, at all reasonable times and with the prior intimation to the Commissioner, enter upon and inspect any waterworks belonging to the Corporation.
The Commissioner shall, at all times, secure that the water in any waterworks belonging to the Corporation from which water is supplied for domestic purposes is pure and wholesome.
(1) No person shall, except with the prior permission, in writing, of the Commissioner, sink any tube-well in any premises.
(2) The commissioner may grant permission for sinking a tube-well in any premises, and issue a licence for such tube-well, on such conditions, and on payment of such annual fee, as the Corporation may specify:
Provided that any person owning a tube-well sunk before the commencement of this Act shall take a licence for such tube-well on such conditions, and on payment of such annual fee, as the Corporation may determine.
(1) Notwithstanding anything contained in section 192, the Commissioner may, with the prior approval of the Mayor-in-Council, by a written notice, require the owner of a premises to sink a tube-well, if the premises is to be used as a place of public resort, or as a market, or as a place of employment of more than fifty persons, or for any other reason to be recorded in writing.
(2) Every such owner shall be bound to take a Iicence for such tube-well on such conditions, and on payment of such annual fee, as the Corporation may determine.
The Commissioner shall cause to be maintained a register in such form, and in such manner, as may be determined by regulations, and such register shall provide for an inventory of tube-wells, public or private, sunk in the Corporation area, and shall be updated from time to time.
(1) The Corporation may lay a main, whether within or outside the local limits of the Corporation area,-
(a) in any street, and,
(b) with the consent of every owner or occupier of any land, not forming part of a street, in, over or on that land. and may inspect, repair, alter, or renew, or may remove any main, whether so laid under this section or otherwise :
Provided that whether or not a consent required for the purpose of this sub- section is withheld by the owner or the occupier, of any land, not forming part of a street, the Commissioner may, after giving the owner or the occupier of such land a written notice of his intention so to do, lay the main in, over or on that land even without such con
(1) The Commissioner may, in any street, whether within or outside the local limits of the Corporation, lay such service mains with such stopcocks and other water-fittings as he may deem necessary for supplying water to premises and may inspect, repair, alter, or renew, and may, at any time, remove, any service main, whether so laid in a street under this section or otherwise.
(2) Where a service main has been lawfully laid in, over, or on, the land not forming part of a street, the Commissioner may enter upon that land and inspect, repair, alter, renew, or remove the service main, or lay a new service main in substitution thereof, but shall pay compensation for any damage done in course of such action.
(1) The Commissioner may fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out, and may keep such hydrants in good order and may replace every such hydrant from time to time.
(2) For the purpose of denoting the situation of every such hydrant, letters, marks or figures shall be displayed prominently on any wall, building or other structure adjacent to such hydrant.
(3) As soon as a hydrant is fixed on any water mains, the Commissioner shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he may deem necessary.
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The Commissioner may, subject to the provisions of this Act and the rules and the regulations made thereunder, permit the owner, or the lessee, or the occupier, of any premises to connect the premises by means of supply-pipes for conveying to the premises a supply of wholesome or unfiltered water from the service mains of the Corporation.
(1) The Commissioner may require the laying of a separate supply-pipe for entry premises which has been, or is to be, supplied with water by him.
(2) If, in the case of any premises which has already been supplied with water without having a separate supply-pipe, the Commissioner gives notice to the owner of such premises reaquiring him to lay a separate supply-pipe, the owner shall, within three months of such notice, lay so much of the supply-pipe as is not required to be laid in a street, and the Commissioner shall lay so much of the supply-pipe as is required to be laid in a street and shall make all necessary communications.
(1) The Commissioner may, on every service main laid after the commencement of this Act, and may, on every service main laid before the commencement of this Act, fit a stopcock enclosed in a cover box or a pit of such size as may be reasonably necessary.
(2) Every stopcock fitted on a service main after the commencement of this Act shall be placed in such position as the Commissioner deems most convenient: Provided that -
(a) a stopcock in private premises shall be placed as near to the street from which the supply-pipe enters such premises as is reasonably practicable;
(b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.
(1) No water-pipe shall be laid in a drain or on the surface of an open channel or house gully or within twenty feet of a cesspool or in any position where the water-pipe is likely to be injured or the water therein is likely to be polluted, and no well or tank and, except with the permission of the Commissioner in writing, no cistern shall be constructed within twenty feet of a latrine or cesspool.
(2) No latrine or cesspool shall be constructed or made within twenty feet of any well, tank, water-pipe or cistern or in any position where pipe, well, tank or cistern is likely to be injured or the water therein is likely to be polluted.
(1) It shall be incumbent on the owner or the occupier of any premises to which water is supplied from any waterworks belonging to the Corporation to keep in a thoroughly clean condition, and to maintain and keep in efficient repair, every supply-pipe connecting the premises to the water supply mains of the Corporation and any other water-fittings in the premises:
Provided that upon an inspection, the Commissioner may, by a notice, in writing, require the owner or the occupier of the premises to take steps to remove any defect which he may find:
Provided further that when an occupier of any premises is served with a notice under this section, he may, after giving three days' notice is writing to the owner or to the person to whom he is responsib
The Commissioner may, if he thinks fit under such circumstances as may be specified by regulations, take charge of all supply-pipes and water-fittings, of any premises connected with the water-mains of the Corporation and, thereupon, the same shall vest in, and shall be maintained at the expenses of the Corporation.
(1) All private connections of premises to the service mains of the Corporation for the supply of water thereto and all pipes, taps and other water-fittings used for such, supply shall be made, maintained and regulated in accordance; with, and subject to, such regulations as may be made in this behalf, and such regulations shall form a part of a Code to be called Municipal Water Supply, Sewerage and Drainage Code :
Provided that in making such regulations, due regard shall be given to the Code relating to water-supply and other matters connected therewith, published by the Indian Standards Institution:
Provided further that so long as such regulations are not made, the provisions of the Code published by the Indian Standards Institution shall ap
(1) The Corporation may, if it thinks fit, establish block meters through which the entire supply of wholesome water for an area shall pass and the supply of such wholesome water shall be recorded.
(2) The Corporation may, with due regard to the size of the population and the technical compulsions, if any, and after taking into account the capacity approved by it for non-domestic purposes, regulate the supply of wholesome water in an area in such manner as may ensure that there is equitable distribution of available wholesome water throughout the Corporation area :
Provided that the decision of the Corporation on any matter relating to the supply of wholesome water in an area shall be final.
(1) The Commissioner may provide a water meter, and attach the same to the supply- pipe, in the premises connected with the service main of the Corporation.
(2) The expenses of providing and attaching a water meter under subsection (1) shall be paid out of the Municipal Fund.
(3) The use, rent to be paid for such use, maintenance, and testing of water meters shall be governed by regulations in this behalf.
Whenever water is supplied under this Act through a water meter, it shall be presumed that the quantity of water indicated by the water meter has been consumed until the contrary is proved.
(1) No person shall fraudulently-
(a) alter the index to any water meter or prevent any water meter from duly recording the quantity of water supplied;
(b) abstract or use water before it has been recorded by a water meter set up for the purpose of recording the abstraction or use of water.
(2) The existence of artificial means under the control of a consumer for causing any such alteration, prevention, abstraction or use shall be an evidence that such consumer has fraudulently affected the water meter.
(1) In a premises where a water meter has been attached to a supply-pipe, the occupier of such premises shall be liable to pay for the water consumed on the basis of the readings shown by the water meter attached to the supply-pipe an annual fee at the rate determined under sub-section (2);
Provided that where a water meter attached to the supply-pipe in any premises or building connected with the service main of the Corporation goes out of order, or where there is a dispute about the proper operation of such water meter, or where such water meter is fraudulently altered or tampered with, the annual fee for the supply of water to such premises or building for domestic purpose or for any other purpose may be levied on the basis of the size of the ferrule attached to the supply-pipe in such premises or building.
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The Corporation shall have the power to exempt, either wholly or partly, any person from payment of the annual fee for the supply of water for domestic purpose or for any other purpose-
(a) in any case where such payment causes, to the satisfaction of the Corporation, undue hardship to him, and
(b) in any other case where the Corporation thinks fit so to do.
No person shall occupy, or cause or permit to be occupied, any pemises or part thereof constructed or reconstructed after the commencement of this Act until he has obtained a certificate form the Commissioner that there is provided within, or within a reasonable distance of, the premises such supply of wholesome water as appears to the Commissioner to be adequate for the persons who may occupy, or who may be employed in, such premises for their domestic purposes.
(1) If it appears to the Commissioner that any premises in the Corporation area is without supply of wholesome water for domestic purposes or that the existing supply of water for domestic purposes available for the persons usually occupying, or employed in, such premises is inadequate or, on any sanitary ground, objectionable, the Commissioner may, by a notice, in writing, required the owner or the lessee or the occupier of the premises or the person primarily liabie for the payment of the property tax in respect of the premises or any other person having an interest therein-
(a) to take a connection from the supply mains of the Corporation, adequate for the requirements of the persons usually occupying, or employed in, the premises or to take additional or enlarged connection or connections from the supply mains, and
(1) If the Commissioner is of opinion that any water in, or obtained from, any well, tank or other source of supply, not vested in the Corporation, being water which is, or is likely to be, used for domestic purposes or for the preparation of food or drink for human consumption, and is, or is likely to become, so polluted as to be prejudicial to health, the Commissioner may, after giving the owner or the occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order, direct that such source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only, or make such order as appears to him necessary to prevent injury or danger to the health of person using such water or consuming food or drink prepared therewith or therefrom.
(2) B
Whenever a supply of filtered or unfiltered water has been provided in an area, the Commissioner may, by a notice, in writing, require the owner or the lessee or the occupier, as the case may be, of a well, tank or other water area forming a part of any premises in the said area, to fill up such well, tank or water area.
The owner of every premises connected with the service main of the Corporation shall, when so required by the Commissioner, set up electric pumps or other contrivances whereby water may be caused to reach to the top of the topmost storey of such premises.
No person shall, without the permission, in writing, of the Commissioner, use, or allow to be used, filtered water, supplied for domestic purpose, for any other purpose.
(1) Unfiltered water shall be used for the following purposes:-
(a) extinguishing of fire;
(b) street watering;
(c) flushing drains of the Corporation, gully-pits, public privies and urinals,
(2) Unfiltered water may also be used, free of charge,-
(a) for flushing privies and urinals in private premises connected with sewers;
(b) for flushing of drains in private premises.
(3) Unfiltered water shall not be used for domestic purpos
(1) No person shall wilfully or negligently cause or suffer any water-fitting, which he is liable to maintain,-
(a) to be, or to remain, so out of order or so in need of repair, or
(b) to be, or to remain, so constructed or adapted or to be so used, that the water supplied to him by the Corporation is, or is likely to be, wasted, misused or unduly consumed, or contaminated before use, or that foul air or any input matter is likely to return into any pipe belonging to, or connected with, a main belonging to be Corporation.
(2) If any water-fitting which any person is liable to maintain is in such condition or is so constructed or adapted as aforesaid, the Commissioner, without prejudice to his right t
The Commissioner, or any officer of the Corporation authorised by the Commissioner, in writing, may, between sunrise and sunset, enter any premises supplied with water by the Corporation in order to examine if there is any waste or misuse of such water and the Commissioner or such officer, as the case may be, shall not be refused admittance to the premises or obstructed by any person in making such examination.
(1) Notwithstanding anything contained elsewhere in this Act, the Commissioner may cut off the connection between any water-works of the Corporation and any premises to which water is supplied from such water-works, or may turn off such supply, in any of the following cases, namely:-
(a) if the premises is unoccupied; or
(b) if, after receipt of a notice, in writing, from the Commissioner requiring him to refrain from so doing, the owner or the occupier of the premises continues to use the water or to permit the same to be used, in contravention of this Act or of any regulations made thereunder; or
(c) if the occupier of the premises contravenes the provisions of section 180; or
(d) if the occupier ref
If any offence relating to water-supply is committed under this Act on any premises connected with the service main of the Corporation, the owner, the person primarily liable for the payment of the property tax, and the occupier of the said premises shall be jointly and severally liable for such offence.
(1) All public drains, and all drains in, alongside, or under, any public street, whether made at the charge of the Municipal Fund or otherwise, and all works, materials and things, appertaining thereto, which are situated within the Corporation area, shall vest in the Corporation:
Provided that the Corporation may, with the approval of the State Government, make over the trunk-sewers, sewage treatment plants, pumping stations and other utilities to a separate and independent agency for maintenance and development, and it shall be lawful for such agency to construct new trunk-sewers, sewage treatment plants, pumping stations, or other utilities.
(2) For the purpose of enlarging, deepening or otherwise repairing or maintaining any such drain, so
All drains and ventilation-shaft, pipes and other appliances and fittings connected with drainage works constructed, erected or set up at the charge of Municipal Fund in or upon premises not belonging to the Corporation, whether for the use of the owner or the occupier of such premises or not, shall, unless the Corporation otherwise determines, vest, and shall be deemed always to have vested, in the Corporation.
(1) Without the permission, in writing, of the Commissioner granted in accordance with such regulations as may be made by the Corporation in this behalf,-
(a) no private street shall be constructed over any municipal drain, or
(b) no wall or other structure shall be newly erected over any municipal drain, or
(c) no wall, fence or structure shall be erected on the bed, bank or embankment of any municipal sewage or storm-water channel, nor any portion thereof shall be interfered with, encroached upon, altered or occupied for fishery, agriculture or any other purpose.
(2) If any private street is constructed, or any wall or other structure is erected over any
(1) The Commissioner may, at any time, levy an annual fee, for drainage and sewerage, at such rate, as may be fixed under the regulations made thereunder, or as stated in the budget estimate referred to in . sub-section (2) of section 69 in this behalf, on the owner or the occupier or the person responsible to pay property tax on any house or land.
(2) Any unpaid sum under this section shall be recoverable from the person concerned as an arrear of tax under this Act.
The owner or the occupier of any premises shall be entitled to cause his house-drains to empty into a municipal drain, provided that before so doing, he obtains the written permission of the Commissioner and complies with such condition as the Commissioner may determine as to the mode in which, and the superintendence under which, communications between house-drains and municipal drains are to be made.
(1) No person shall, without complying with the provisions of section 226, make or cause to be made, any connection of a house-drain with a municipal drain,
(2) The Commissioner may, in accordance with such regulations as may be made by the Corporation in this behalf, close,demolish, alter, or remake any connection made in contravention of sub-section (1), and the expenses incurred in so doing shall be paid by the owner or, the occupier of the premises, as the case may be, for the benefit of which such connection was made or by the person who made, or caused to be made, such connection, and, such expenses shall be realised by the Commissioner as arrears of taxes under this Act.
(3) Notwithstanding anything contained in the foregoing provisions o
Where any premises is, in the opinion of the Commissioner, without sufficient means of effective drainage, the Commissioner may, by a notice, in writing require the owner of the premises to construct a house-drain up to a point to be specified in the notice or to construct a closed cesspool and drains emptying into such cesspool in such manner as may be determined by regulations.
The Corporation may, if it considers necessary, make regulations for grouping or combination of house-drains for economic or operational advantages and for enforcement of drainage of undrained premises and for any other matters in connection with drainage.
Subject to the approval of the State Government in this behalf the Corporation may, if necessary, make the municipal drains communicate with, or empty themselves into, any public drain, lake, canal or watercourse outside the Corporation area and in so doing it may, exercise throughout the line outside the Corporation area along which the municipal drains are to run all the powers exercisable by it under this Act, if the said municipal drains were to run entirely within the Corporation area.
(1) No person shall throw, empty or otherwise discharge into any water-source, channel or municipal drain within or outside the Corporation area any matter, refuse, trade effluent, or waste so as to cause pollution, health hazard or nuisance prejudicial to environment.
(2) Subject to the provisions of any other law for the time being in force, the Corporation may, by regulations, provide for treatment standard to be maintained before discharge of any industrial waste or foul water or refuse into any river, water-source, channel, or municipal drainage and sewerage system.
If it appears to the Corporation that it is necessary to place, or to carry, any pipe or drain over, under, or across the immovable property of any person to maintain the only or the most convenient water-supply to, and drainage of, any premises, the Corporation may, after giving the owner of the immovable property an opportunity of being heard, authorise the owner or, occupier of the premises, as the case may be, to place or carry such pipe or drain over, under, or across such immovable property in such manner as it may think fit to allow.
The Corporation may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, or across any immovable property within or without the Corporation area and may enter any property for such purpose:
Provided that the Corporation shall not acquire any right other than the right of user in the property over, under, or across which any aqueducts, conduits, lines df mains, pipes or drains are placed.
The Commissioner shall cause to be maintained complete survery maps, drawings and descriptions of all underground utilities within the Corporation area, including water-supply mains, supply-pipes, sewers and connections thereto in such Form, and in such manner, as may be prescribed, and shall ensure the secrecy of the same in conformity with the provisions of the Official Secrets Act, 1923 (19 of 1923).
The Corporation shall-
(a) provide and maintain, in proper and convenient situations, water closets and urinals for the use of the public, and
(b) cause such water closets and urinals to be so constructed and kept as not to be a public nuisance or injurious to public health.
(1) The Corporation may grant licence to a private individual or organisation for maintenance, and regulation for use, of public toilets and urinals constructed by it, on such terms and conditions as may be determined by regulations.
(2) On the grant of a licence to a private individual or organisation under sub-section (1), such private individual or organisation, as the case may be, shall be entitled to recover from the persons using such public toilets or urinals such fee as may be determined by regulations.
(3) No person shall keep, or maintain, any toilet or urinal for public use without the specific permission of the Corporation, and the Corporation may impose such conditions therefor as it may consider necessary.
(1) No person, either owner or occupier of any premises, shall be allowed to maintain service privy within the Corporation area.
(2) The Commissioner shall issue a notice to the owner or the occupier of every premises having service privy, directing him to convert the service privy by connecting either with the sewerage system or into a sanitary toilet, as the case may be.
(3) The owner or the occupier of the premises, as the case may be, shall, on receipt of the notice under sub-section (2), either convert the service privy into a sanitary toilet or connect the service privy with the sewerage system, as the case may be, within 90 days from the date of receipt of the notice under sub-section (2).
(1) There shall be provided in every new building in which ten or more labourers or workmen are likely to be employed, and in any part of which a manufacturing process is likely to be carried on with the aid of power, or is likely to be ordinarily so carried on, such privy and urinal accommodation, and such accommodation for bathing and for washing of clothes and domestic utensils, as the Corporation may decide.
(2) Where any premises in which twenty or more labourers or workmen are employed, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, is without any privy, urinal or other accommodation for bathing and for washing of clothes and domestic utensils or with inadequate accommodation, the Corporation may by a notice, in writing require the owner of such premi
(1) If any premises, intended for human habitation, is without privy or urinal accommodation, or if the existing accommodation is, in the opinion of the Corporation, insufficient, inefficient or objectionable for sanitary reason, the Corporation may, by a notice, in writing, direct the owner or the occupier, as the case may be, of such premises to make such structural or other alterations of the existing privy or urinal accommodation as may be specified in the notice within 90 days from the date of issue of the notice.
(2) If the owner of the occupier of the premises, as the case may be, fails to comply with the directions of the Corporation within the time limit specified in sub-section (1), he shall be punished with fine in accordance with the provisions of section 403.
(1) No person shall construct a cesspool-
(a) beneath any part of any building or within fifteen metres of any tank, reserve water-source or well, or
(b) upon any site or any position in the Corporation area which has not been approved in writing by the Commissioner, or
(c) upon any site or in any position outside the Corporation area which has not been so approved and is situated within ninety metres of any reservoir, used for storage of filtered water to be supplied to the Corporation area.
(2) The Commissioner may, at any time, by a notice, in writing, require the owner of any premises in which any cesspool has been constructed in contravention of the p
All house-drains, within as well as without the premises to which they belong, and all cesspools, privies and urinals shall, as respects their site, construction, materials, and dimension and arrangements for flushing the same, be under the survey and control of the Corporation and shall be subject to such regulations as the Corporation may make in this behalf.
(1) The Corporation may, from time to time, grant to any person it thinks fit a licence to act as a plumber for the purposes of this Act.
(2) Every such licence shall be granted in such manner, in such Form, and on such terms and conditions, as may be determined by the Corporation by regulations.
(1) If, in the opinion of the Corporation, any pool, ditch, tank, well, pond, swamp, quarry, hole, drain, cesspool, watercourse, pit, cistern, desert or air-cooler, or ground, underground or overhead tank, or any collection of water, or any land on which water may, at any time, accumulate, is, or is likely to become, a breeding place of mosquitoes or, in any other respect, becomes a nuisance, the Corporation 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 Corporation, to keep such paving in proper repair, or to r
(1) All streets and public places, squares, parks, and gardens, not being the property of, and kept under the control of, Government or the Board of Trustees for the improvement of the Corporation area, including soil, sub-soil and side-drains, footways, pavements, trees, stones and other materials, implements, and other things provided for such streets and other public places, which are situated within the Corporation area, shall vest in the Corporation.
(2) Whenever the Corporation proposes to determine the name by which any public street or public place is to be known or to change the name of any public street or public place, it shall refer the proposal to an Advisory Committee constituted under sub-section (3) for its consideration.
(3) The
The Corporation shall cause all public streets vested in it, under section 244 to be maintained by the Commissioner who shall, for this purpose, do all things necessary for the public safety and convenience including the construction and maintenance of bridges, causeways, sub-ways, flyovers and culverts.
The Corporation may lay out and make new public streets, construct bridges, sub-ways and flyovers, classify public streets into different categories, turn or divert any existing public street, prescribe a regular line for streets or buildings on one or both sides of any public street, and take steps in pursuance of a plan for improvement of street and street alignments and may, by regulations, make provisions in this regard.
(1) No person shall, except with the permission of the Commissioner, cause any obstruction to, or encroachment upon, or projection over, or otherwise occupy, any portion of any public street or other public place.
(2) When any verandah, platform, building or other structure or any fixture attached to a building so as to form part of the building (whether erected before or after the commencement of this Act) causes a projection, encroachment or obstruction over or on any public street or other public place vested in the Corporation, the Commissioner, in accordance with such regulations as may be made by the Corporation, may, by a notice, in writing require the owner or the occupier of the building to remove or alter such verandah, platform, building or other structure or fixture.
The Commissioner may, without notice, cause to be removed -
(a) any wall, fence, rail, post, step, booth, or other structure, or fixture, which may be erected, or set up, in or upon any street, footpath, or upon, or over, any open channel, drain, well or tank, contrary to the provisions of this Act;
(b) any article, bench, box, ladder, bale, board, or shelf, or any other thing whatsoever, placed, deposited, projected, attached, or suspended, in, upon, from, or to, any place in contravention of the provisions of this Act;
(c) any article whatsoever hawked, or exposed, for sale in any public street or footpath in contravention of the provisions of this Act and any vehicle, package, box, board, shelf, o
(1) No person shall tether any animal or cause, or permit, any animal to be tethered or stayed in any public street or other public place.
(2) No person shall milk, or cause or permit to be milked, any cow or buffalo or other animal in any public street or other public place.
(3) Notwithstanding anything contained in any other law for the time being in force, the Commissioner may cause to be removed or impounded any animal tethered or being milked or found staying in any public street or other public place.
(1) If the Corporation considers it expedient to prescribe a regular line for streets or buildings on one or both sides of any public streets or portion thereof, it shall give a public notice of its intention to do so.
(2) Every such notice shall specify the period within which objections will be received by the Corporation, and a copy of the notice shall be sent by post to every owner of the premises abutting on such public street, who is registered in respect of such premises in the books of the Corporation.
(3) The Corporation shall consider all objections received by it within the period specified in the notice under sub-section (2) and shall make an order specifying a building-line or a street-alignment or both for such public street. Every
The Commissioner may authorise temporary construction on, or temporary closure of, any part of a public street on such occasions, and on such conditions, and for such period, as the Corporation may provide by regulations made in this behalf.
Subject to the provisions of this Act and any other law for the time being in force, the State Government may, by rules, provide for -
(a) the sanction by the Corporation of specific rights of way in the subsoil of public and private streets in the Corporation area for different public utilities including electric supply, telephone and other telecommunication facilities, gas-pipes, water-supply, sewerage and drainage, pedestrian sub-ways, shopping places, warehousing facilities, and apparatus and appurtenances related thereto provided by the State Government, any statutory body or any licensee under any law for the time being in force;
(b) the levy of any fee or charges;
(c) the furnishing to the Cor
The Commissioner may, with the prior approval of the Corporation, close any portion of a public street and declare it to be a parking area, and charge parking fees at different rates for different vehicles for different areas and for different periods in accordance with such regulations as may be made in this behalf.
(1) If the owner of any land utilizes, sells, leases, or otherwise disposes of such land or any portion thereof as plots for the construction of buildings thereon, he shall lay down and make street or streets giving access to the plots into which the land may be divided, and connecting such street cr streets with any existing public street or private street.
(2) Before utilizing, selling or otherwise disposing of any land under subsection (1), the owner thereof shall send to the Commissioner an application, in writing with a layout plan of the land showing the following particulars:-
(a) the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be us
If any private street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved, and lighted to the satisfaction of the Corporation, the Commissioner may, and, if the street is not less than six meters in width, on a requisition by a majority of the owners of the street, shall, declare such street to be a public street and, upon such declaration, such street shall vest in the Corporation.
Section 255 of the West Bengal Municipal Corporation Act, 2006, addresses the process of converting private streets into public streets, thereby integrating them into the municipal infrastructure and governance framework.
This section stipulates that if a private street has been developed to the satisfaction of the Corporation—through leveling, paving, metalling, flagging, channeling, sewerage, drainage, conservation, and lighting—the Commissioner has the authority to declare such a street as a public street. Additionally, if the street is at least six meters wide, and a majority of its owners requisition, the Commissioner shall declare it a public street.
This section primarily facilitates urban development by formalizing private streets into public streets, thereby enabling municipal management, maintenance, and regulation. It also provides a mechanism for residents to request such conversion through requisition.
The section itself does not specify any punishment; rather, it grants administrative authority to the Commissioner to declare streets as public, which is a procedural act. Violations or non-compliance with the declaration process may be subject to penalties under other provisions of the Act, such as breach of regulations (Section 363).
Note: The analysis is based on the available sources, primarily from the PRS India summary and the text of Section 255. Specific case law or detailed procedural rules are not provided in the sources.
No person shall make any new street without the prior approval of the Corporation.
(1) The Corporation shall-
(a) take measures for lighting, in a suitable manner, in public streets, squares, and municipal markets, and in all buildings vested in the Corporation;
(b) procure, erect and maintain such number of lamps, lamp-posts, and other appurtenances as may be necessary for such lighting; and
(c) cause such lamps to be lighted by means of oil, gas, or electricity, or by such other means as the Corporation may determine.
(2) The Corporation may by itself, or in conjunction with any firm or company, and in accordance with such regulations as may be made by it in this behalf, erect plants and machinery for the generation of power and produc
On the coming into force of the West Bengal Fire Services Act, 1950, (West Ben. Act XVIII of 1950.) in any area within the jurisdiction of the Corporation, the Corporation shall, in consultation with the Director-General of Fire Services or any officer authorised by him in this behalf by general or special order, require the owner or the occupier of all or any of the premises in such area to make, or to carry, such arrangements as may be necessary for fire prevention and fire safety in such area, and issue a fire safety certificate on such conditions as are provided in the West Bengal Fire Services Act, 1950, or in the rules made thereunder.
Explanation.-"Director-General of Fire Services" shall mean the Director- General of Fire Services referred to in clause (e) of section 2 of the West Bengal Fire Services Act, 1950.
(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;
(1) The Mayor-in-Council may constitute a Municipal Building Committee with the Commissioner as its Chairman and an Officer of the Corporation as its convenor.
(2) The Committee may have, in addition to the Chairman and the convener, eight other members of whom-
(a) one may be a nominee of the Development Authority under which the area of the Corporation is located;
(b) one may be a nominee of the Superintendent of Police of the concerned district;
(c) one may be a representative of the Director of Fire Services;
(d) one may be a nominee of the State Government;
(e) o
No person shall use any piece of land as a site for erection of a new building except in accordance with the provisions of this Act and the rules and the regulations made thereunder in relation to such use of land and erection of building.
Every person, who intends to erect a building or to re-erect a building shall submit an application to the Commissioner for sanction in such Form, containing such information or documents, accompanied by such plans and specifications in such manner, as may be prescribed.
(1) The Commissioner may sanction the erection of the building or re-erection of the building, as the case may be, ordinarily within a period of sixty days from the date of submission of the application for sanction unless further information or document is called for or the Commissioner may refuse to sanction for the erection of the building or re-erection of the building on such grounds as may be prescribed, and if sanction is accorded, such sanction shall remain valid for such period from the date of grant of such sanction, and may be renewed for such period, and on payment of such fee, as may be prescribed:
Provided that a provisional sanction may be given for the erection of a building for the use of which a licence or permission is required from any department of Government or statutory body under any law for the time being in fo
Notwithstanding anything contained in this chapter or elsewhere in this Act or in the West Bengal Municipal Act, 1993, or in the West Bengal Panchayat Act, 1973, permission granted under the West Bengal Municipal Act, 1993, or the West Bengal Panchayat Act, 1973, for erection or construction of any new structure or building or addition to any structure or building in any area under any of the said Acts, shall, upon inclusion of such area in the Corporation area,-
(a) be deemed to have been granted under this Act, and
(b) shall remain valid for one year from the date of inclusion of such area in the Corporation area, or for such period for which such permission was granted, whichever is greater:
Provi
After a building plan is sanctioned, the person who has been given the notice of such sanction shall commence work and complete the same within such period or within such extended period as may be prescribed.
(1) Where the erection of any building, or the execution of any work in furtherance thereof, has been commenced, or is being carried on, or has been completed without, of contrary to, the sanction or in contravention of any provision of this Act or the rules or the regulations made thereunder, the Commissioner may, in addition to any other action that may be taken under this Act, make an order directing that such erection of work shall be stopped or demolished or such addition or alteration thereto as the Commissioner considers necessary be made, by the person at whose instance the erection or the work has been commenced, or is being carried on, or has been completed.
(2) The Commissioner may make an order under sub-section (1), notwithstanding the fact that the assessment of such building has been made for the levy of the property tax
(1) No person shall, without any permission, in writing, of the Commissioner, change, or allow the change of, the use of any building for any purpose, other than that specified in the order of sanction, or convert, or allow the conversion of, tenement under a particular occupancy or use group to be a tenement under another occupancy or use group.
(2) Where the Commissioner refused to give such permission, he shall give the person seeking permission an opportunity of being heard before making any order in writing in this behalf.
(3) Any person aggrieved by an order of the Commissioner under subsection (2) may, within thirty days from the date of the order, prefer an appeal to the Mayor.
(1) Where the Commissioner, 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, mortgage 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 Commissioner and gives an undertaking that such person shall, within a period specified by the Commissioner, execute such work of improvement in relation of the building as will, in the opinion of the Commissioner, render the buildin
The Commissioner may, and in such manner as may be prescribed, grant licence to a person to act as a Licenced Building Surveyor, or a Structural Engineer, or a Geo-Technical Engineer for the purposes of this chapter:
Provided that no such licence shall be required for any Architect for the purposes of this chapter.
The State Government may, in addition to, or in modification of, Schedule IV, make rules regulating-
(a) restriction of the use of site of building;
(b) fire protection measures and structural and other safeties of building;
(c) conveniences and amenities in building, including quality of materials, plumbing services, and workmanship;
(d) architectural designs of buildings; and
(e) building uses for the purpose of residence, hospital, nursing home, factory, warehouse, eating-house, theatre, cinema, commercial institutio
(1) The Corporation 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 a building or a class of building, erected or re-erected after such notice, shall, in respect of the architectural features of such building or class of building, be such as the Corporation may consider suitable to the locality; or
(b) that in any locality specified in such notice, there shall be allowed re-erection of only detached or semi-detached buildings or of both, and that the land appurtenant to each such building shall be of an area of not less than that specified in such notice; or
(c) that the division or sub-division of building plots in a particul
(1) No person shall, without permission, in writing, of the Commissioner or otherwise than in conformity with the conditions, if any, of such permission-
(a) use, or permit to be used, for the purpose of human habitation, any 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 us
(1) No person shall use, or shall permit to be used, any premises for any of the purposes mentioned in Schedule IV without, or otherwise than in conformity with, a licence issued by the Commissioner in this behalf on such terms and conditions, including payment of fee, as may be determined by regulations.
(2) The Corporation shall determine by regulations the scale of fee to be paid for the issue of a licence under sub-section (1) in respect of the premises used for any of the purposes as aforesaid :
Provided that no such fee shall exceed five hundred rupees per month in respect of any premises.
(1) The Corporation 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 such notice and for reasons stated therein.
(2) Objections to any notice under sub-section (1) shall be received within a period of one month from the date of publication of the notice.
(3) The Corporation shall consider all objections, received within the period as aforesaid, after 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. Every declaration made under this sub-section shall be published in su
No piece of land shall be used as a site for the erection of a building unless such site has been so approved with reference to the provisions of subsection (2) of section 333, which shall apply mutatis mutandis, and no building shall be erected unless a building plan has been sanctioned for such building in accordance with the provisions of this chapter and the rules, or the regulations or the bye-laws, made under this Act.
(1) Subject to the provisions of section 262,-
(a) every person shall make an application, in writing, to the Commissioner seeking permission to erect or re-erect a building and shall specify in the application the purpose for which such building is intended to be used; and
(b) every such application shall be accompanied by a building plan.
(2) The Corporation 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 Corporation may determine consistent with the provisions of this Act or any other law for the time being in force.
Subject to the provisions of section 263 within a period of sixty days after the receipt of any application with building plan or any information or document which the Commissioner may require the applicant to furnish before deciding whether sanction shall be accorded in this regard, the Commissioner shall, by an order in writing, either-
(a) 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 280, to accord such sanction, or
(c) accord sanction, subject to the condition of permission to execute the work.
If, within the period referred to in sub-section (1) of section 277, the Commissioner has neither accorded, nor refused to accord, any sanction to a building plan, nor granted any permission to execute a work, the applicant may prefer an appeal to the Mayor, and if the appeal is not disposed of within thirty days from the date of receipt of the appeal, such sanction or permission shall be deemed to have been accorded or granted, as the case may be; 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 the building regulations or the rules applying thereto.
Not less than seven days before the erection or re-erection of a building commences, the owner of the building shall send to the Commissioner a notice, in writing, specifying therein the date on which such erection or re-erection of the building is proposed to be commenced.
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 or the rules, or the regulations, or the bye-laws, 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, or the bye-laws, 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 this Act or the rules, or the regulations, or the bye-laws made thereunder
The Commissioner shall, when granting permission conditionally or unconditionally to the construction of a building or execution of a work, specify a period within which the building or, as the case may be, 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 permissjon unless the Commissioner, on an application made in this behalf, allows an extension of such period :
Provided that the Commissioner may, if he considers necessary, require, for reasons to be recorded in writing, a modification of the building plan in case of inordinate delay in completion of the work.
(1) Every person submitting an application with building plan for construction of a building or execution of a work to which such application relates shall, within thirty days after the completion of construction of such building or execution of such work, deliver, or send, or cause to be delivered or sent, to the Commissioner a notice, in writing, of such completion accompanied by a certificate in such Form as may be specified in the rules to be made in this behalf, and shall give to the Commissioner all necessary facilities for inspection of such building or work.
(2) No person shall occupy, or permit to be occupied, any such building, or use, or permit to be used, any building or a part thereof, affected by any such work, until permission has been granted by the Commissioner in this behalf in accordance with the rules and the regula
(1) Notwithstanding the provisions of this Act, or the rules or the regulations made thereunder, or of any other law in force for the time being the Commissioner may, in the case of any building which is intended to be erected at the corner of two streets,-
(a) refuse sanction for such reasons as may be recorded is writing, or
(b) impose restrictions on its use, or
(c) place special conditions concerning exit to or entry from any street,or
(d) require it to be rounded off, or splayed or cut off, to such height and to such extent as may be determined, or
(e) acquire, such portion of the site at the corner as he may consider necessary for public convenience or
(1) No roof, verandah, pandal or wall of a building or no shed or fence shall be constructed of cloth, grass, leaves, mats or other inflammable materials except with the written permission of the Commissioner, 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 Commissioner 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.
The provisions of this chapter and the rules and the regulations made thereunder relating to erection of buildings shall not applied to necessary repairs not involving any of the works, which constitute a material addition and 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 of 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 ano
If, at any time, sanction to erect any building has been given and the Commissioner 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.
subject to the provision of section 266 if the Commissioner is satisfied that-
(a) the erection of any building-
(i) has been commenced without obtaining sanction or permission under this Act or the rules or the regulations made thereunder or has been completed otherwise than in accordance with the particulars on which such sanction or permission is based or after such sanction or permission has been lawfully withdrawn,or
(ii) is being carried on, or has been completed, in contravention of any provision of this Act or the rules or the regulations or the bye-laws made thereunder, or
(b) any building or projection exists in violation of any condition, direc
Notwithstanding anything contained in this Act or in any other law for the time being in force, 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, or gas pipe) is touched or is likely to be touched, or if the Commissioner is of opinion that such excavation may cause danger to public, the Commissioner may, by an order in writing, stop forthwith any such excavation or operation till the matter is investigated and decided.
(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, having regard to the provisions of this chapter, the Commissioner may, by a notice in writing, require the person carrying on such erection of building or other work to discontinue such erection of building or other work forthwith, pending further proceedings in respect thereof.
(2) If any notice issued under sub-section (1) is not duly complied with, the Commissioner may, with the assistance of the police, if necessary, take such steps as he may consider necessary to stop the continuance of such erection of building or other work, as the case may be.
(3) If it appears to the Commissioner that it is
(1) The Commissioner 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 in writing, stating the reasons, require the owner of any existing building to make such alterations therein, and within such period, as may be specified in the order:
Provided that before making any such order, the Commissioner shall give the owner an opportunity to show cause why such order should not be made.
(2) An appeal against an order under sub-section (1) shall lie with the Mayor.
(1) The Commissioner may, for sufficient reasons, by an order require the owner or the occupier of any building abutting on a public street or private street to keep the external parts of the building, including the roof thereof, in proper repair with lime and/or cement plaster or other material, or properly painted, to the satisfaction of the Commissioner.
(2) If such owner or occupier makes persistent default in carrying out the order under sub-section (1), the Commissioner may himself carry out the work and recover the cost thereof from the owner, or, as the case may be, the occupier, of such building as an arrear of tax under this Act.
(3) Notwithstanding anything contained in any other law for the time being in force, the Commissioner may a
(1) No person shall, without the written permission of the Commissioner or otherwise than in conformity with the conditions, if any, of such permission, which shall be granted subject to the provisions under section 293, use or permit to be used, or materially alter, enlarge or extend the use of any premises for the purpose of establishing or keeping open any theatre, cinema house, drive-in-theatre or cinema house, circus, fair, fete, exhibition, dancing hall, video cinema hall, cable TV. centre, video parlour, internet parlour, or any other place of similar public resort, recreation or amusement for any such purpose:
Provided that nothing in this section shall apply to private performance in any place.
(2) The Commissioner may specify any condi
(1) In case of any premises for the use of which a licence or permission is required from Government or any statutory body under any law for the time being in force, the Commissioner shall not grant any permission under this Act to any person until such person produces before the Commissioner the licence or the permission from Government or statutory body, as the case may be, and submits duly authenticated copies thereof to him :
Provided that in the case where production of a municipal permission is a pre-condition for the grant of a licence or permission under any other law for the time being in force, the Commissioner may grant a provision which shall become final upon production of a licence or permission under the said law:
Provided further
The Commissioner 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 Electricity Act, 2003 (36 of 2003), for lamps to be lighted with electricity or otherwise or, subjects to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), for telegraph wires or telephones 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) Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being in force, any person, who, being responsible by himself or by any other person on his behalf, so constructs, or attempts to so construct, or conspires to so construct, any new building, or additional floor or floors of any building, in contravention of the provisions of this Act or the rules made thereunder, as endangers, or is likely to endanger, human life or any property of the Corporation, whereupon the water-supply, drainage or sewerage, or the road traffic is disrupted or is likely to be disrupted, or is likely to cause a fire hazard, shall be punishable with imprisonment of either description for a term which may extend to five years and also with fine which may extend to fifty thousand rupees.
Explanation.-"per
The Corporation may define the external limits of any bustee and may alter such limits.
(1) The Corporation may, with the approval of the State Government, prepare and execute improvement scheme for the purpose of effecting environmental or general improvement of bustees. Such scheme may provide for water-supply, sanitation, pathways, lighting and the like.
(2) Notwithstanding anything contained hereinbefore, the Commissioner may, for reasons of environmental sanitation, cause the following works to be executed in any bustee:-
(a) Sinking of tube-wells inside a bustee including laying of water-pipe lines, installation of overhead reservoirs and other appurtenances necessary to maintain flushing for privies and sewers;
(b) laying of drains and diversion of existing drains;
If,at any time, it becomes necessary to acquire the right of user in any land in or around any bustee for the purpose of effecting improvement, the Corporation shall follow such procedure as may be prescribed.
The Corporation may sanction building plans submitted by an owner of land in a bustee for the purpose of permanent construction in the nature of renovations of, or additions and alterations to, the existing huts, or conversion of the existing huts into pucca structures and also for construction of new structures under such buildings regulations, and upon payment of such fees, as may be determined by the Corporation by regulations :
Provided that a lay-out plan of a bustee, or such part thereof as may be determined by the Corporation, shall be prepared by the Corporation before such sanction is accorded. The method of preparation of a lay-out plan and the items to be provided therein shall be such as may be prescribed.
(1) For the purpose of securing efficient scavenging and cleansing of all streets, public places and premises in the Corporation area, the Corporation shall undertake the function of collection, removal and disposal of solid wastes.
(2) All matters deposited in public receptacles, depots, and places,
provided or appointed by the Corporation for collection of solid wastes shall be the property of the Corporation.
(3) The Corporation may, by regulations, specify the duties of the owners or the occupiers of the premises in the matter of Collection of solid wastes, and different provisions may be made for premises in different types of occupational uses.
&
If, for any reason, any building or portion of a building, intended for, or used as, a dwelling place appears to the Commissioner to be unfit for human habitation, he may, if he considers that the building or the portion thereof can be altered to make it fit for human habitation, by an order in writing require the owner of such building to make such alteration in the building or the portion thereof as he thinks necessary within a period specified in the order. Where the Commissioner considers that the building or the portion thereof cannot be so altered as to make it fit for human habitation or where the building or the portion thereof is not altered as required by the Commissioner, the Commissioner shall take such steps as may be necessary to enforce such order.
(1) No person shall, without the previous permission of the Commissioner, use or materially alter, enlarge or extend the use of any premises as a warehouse or godown or for running a goods transport business, either by his own carriers or by arrangement with the owners of such carriers.
(2) The Commissioner may refuse to give such permission or impose such conditions as he thinks fit, if, in his opinion, such use would be objectionable due to traffic constraint in the vicinity of such premises or inadequacy of space for parking of vehicles or loading or unloading of goods or would constitute a fire hazard or other nuisance.
(1) No person shall, without the previous permission of the Commissioner in Writing, establish any premises, or materially alter, enlarge or extend any factory or workshop or work-place, in which it is intended to employ steam, electricity, water or other mechanical power.
(2) The Commissioner may, in accordance with such regulations as may be made by the Corporation, refuse to give permission under sub-section (1), if he is of opinion that the establishment, alteration, enlargement or extension of such premises, factory, workshop or work-place would be objectionable by reason of the density of population in the neighbourhood thereof or would be a nuisance to the inhabitants of the neighbourhood.
(1) No person shall, without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf or without payment of such fees as may be determined by the Corporation, keep any eating-house, tea-shop, hotel, boarding-house, bakery, aerated water-factory, ice-factory or other place where food is sold or is prepared for sale.
(2) The Commissioner may, at any time, cancel or suspend any licence granted under sub-section (1), if he is of opinion that the premises covered by such licence is not kept in conformity with the terms of such licence or the provisions of any rules or regulations relating to such premises, whether or not the licensee is prosecuted under this Act.
No person shall, without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf or without payment of such fees as may be determined by the Corporation, keep open any theatre, circus, cinema-house, dancing-hall or similar other place of public resort, recreation or amusement for any gainful purpose :
Provided that the provisions of this section shall not apply to any private performance, or performance for philanthropic purpose, in any such place as aforesaid.
If the Commissioner is of opinion that any eating-house, tea-shop, hotel, boarding-house, bakery, aerated water-factory, ice-factory or other place where food is sold or is prepared for sale, or any theatre, circus, cinema-house, dancing hall or similar other place of public resort, recreation or amusement, as the case may be, is kept open without, or otherwise than in conformity with the terms of, a licence granted under section 305, he may, by order in writing stating therein the reasons of such opinion, stop the use of any such premises for such period as may be specified in the order:
Provided that no such order shall be made until the licensee, or the person keeping the premises so open, has been given an opportunity of being heard.
(1) The Corporation may own, purchase or take on lease any land or building for the purpose of establishing municipal market or municipal slaughter house or municipal stockyard or improving an existing municipal market, municipal slaughter house or stockyard, and make provisions for maintenance of such municipal market, municipal slaughter house or municipal stockyard.
(2) The Corporation may, after giving general notice, close any municipal market or municipal slaughter house or municipal stockyard or any portion thereof, and the premises occupied for any municipal market or municipal slaughter house or municipal stockyard or any portion thereof, so closed, shall be vacated by the occupants thereof in accordance with such notice.
No person shall, without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf, keep open any private market or wilfully or negligently permit any place to be used as a private market or use any place as a slaughter house or stockyard or for slaughtering of any animal intended for human consumption.
No person shall, without, or otherwise than in conformity with the terms, of, a licence granted by the Commissioner in this behalf,-
(a) carry on, within the Corporation area or at any municipal slaughterhouse situated outside the Corporation area, the trade or business of a butcher, or
(b) sell, or expose or hawk for sale, any animal, or any meat or fish, intended for human consumption, in any place other than a municipal market or private market.
The Commissioner may, subject to such terms and conditions as may be fixed,-
(a) charge such stallage rent or fee as may be fixed by the Corporation in this behalf for the occupation or use of any stall, shop-stand, shed, pen or space in a municipal market or municipal slaughter house;
(b) farm the stallage rent or fee, chargeable as aforesaid or any portion thereof, for such period as he may think fit; and
(c) put up to public auction, or dispose of by private sale, the privilege of occupying or using any shop, stall, stand, shed, pen or space in a municipal market or municipal slaughter house.
The Commissioner may subject to such directions as he may receive from the Corporation on the advice of the State Government, open depots or shops for trading any essential commodities.
No person shall, without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf,-
(a) hawk, or expose for sale in any place, any article whatsoever, whether or not such article is for human consumption, or
(b) use in any place his skill in any handicraft, or render services to the public for their convenience, for the purpose of gain or making a living.
No person shall, otherwise than in conformity with the terms of a licence granted by the Commissioner, and such other provisions as may be made by regulations in this behalf, carry on the trade of a butcher, fishmonger, poulterer, or importer of flesh intended for human food, or use any place for the sale of flesh, fish, or poultry, intended for human food.
If, upon such inspection or analysis, any food for consumption is, in the opinion of the Commissioner or any officer or other employee of the Corporation, 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 utensil or vessel is of such kind or in such state as to render any food prepared, manufactured or stored therein unwholesome or unfit for human consumption, he may seize, seal or carry away such food or utensil or vessel.
(1) The Corporation may, with the approval of the State Government, undertake the formulation, execution and running of commercial projects, including market development schemes or industrial estates, in relation to lands and buildings vested in, or in the possession of, the Corporation, or open depots for trading in essential commodities, or maintain terminals for buses or trucks together with commercial complexes, or run tourist lodges or centres along with commercial activities, or carry on similar projects on commercial basis.
(2) All the provisions of this chapter, so far as they are applicable, shall mutatis mutandis apply to the commercial projects undertaken by the Corporation under this section.
Every manufactory of mustard oil, edible or edible fat or ghee or butter within the Corporation area shall be registered by the owner or the person-in-charge thereof in the office of the Corporation in such manner as the Corporation may direct.
No person shall keep in any shop or place in which milk is stored or in any manufactory, shop or place in which butter, ghee or any other milk product or wheat, flour, mustard oil, tea, edible oil, edible fat, sugar or gur is manufactured or stored, any substance intended to be used for the purpose of adulteration.
(1) Every place used for manufacture, preparation, storage, or packing for sale of any article of food or drug shall be open at all time for inspection by the officers of the Corporation authorised in this behalf by the Commissioner, and such officers shall have the right to enter into such place for such inspection at all time.
(2) In every place used for manufacture, preparation, storage, or packing for sale, of any article of food or drug, such article of food or drug or any receptacle and material used for such manufacture, preparation, storage or packing shall be protected from dust, flies and other insects by such measures as may be specified by the Corporation in this behalf.
(1) No person shall keep any shop or place for retail sale of drugs, not being articles of ordinary domestic consumption, without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner.
(2) Every person to whom a licence is granted under sub-section (1) in respect of any shop or place shall display it in some conspicuous part of such shop or place.
It shall be the duty of the Corporation to take such measures as are necessary for preventing or checking the spread of any dangerous disease in the Corporation area or of any epidemic disease among any animals therein.
Any person being in charge of, or attending, whether as a medical practitioner or otherwise, any person whom he knows or has reasons to believe to be suffering from a dangerous disease, shall forthwith give information regarding the existence of such disease to the Commissioner.
The Commissioner or any person authorised by him in this behalf may, at any time by day or by night without notice or after giving such notice as may, in the circumstances appear to him to be reasonable, inspect any place in which any dangerous disease is reported or suspected to exist and take such measures as he may think fit to prevent the spread of such disease beyond such place and shall forthwith submit a report to the State Government to this effect.
If the Commissioner or any person authorised by him in this behalf is of opinion that the cleaning or disinfecting of any building or any part of a building or any article therein which is likely to retain infection or of any tank, pool or well adjacent to a building which is likely to prevent or check the spread of any dangerous disease, he may cleanse or disinfect such building or part thereof, or article, or tank, pool or well and may, by a notice in writing, require the occupier of such building or any part thereof to vacate such building or part thereof for such period as may be specified in the notice.
(1) If the Commissioner is of opinion that the water in any well, tank or other place is, if used for drinking, likely to endanger such well, tank or other place or to cause the spread of any disease, he may, by public notice, prohibit the lifting of such water from such well, tank or other place for drinking and, by a notice in writing, require the owner or the person having control of such well, tank or other place to take such steps as he may consider expedient to prevent the public from having access to, or from using, such water.
(2) If the Corporation area or any part of it is visited with, or threatened by, an outbreak of any dangerous disease, the Commissioner may, by a public notice, restrict or prohibit the sale or preparation of any article of food or drink for human consumption.
Subject to the provisions of the Registration of Births and Deaths Act, 1969 (18 of 1969), the Corporation shall cause registration of births and deaths taking place within the Corporation area, and extracts of information therefrom shall, on application, be supplied, free of charge, if the event of such birth or death is registered within the period specified in section 326 or section 328, as the case may be. If registration is not done within the period as aforesaid, such registration shall be done under the provisions of section 13 of the Registration of Births and Deaths Act, 1969.
It shall be the duty of the father or the mother of every child born within the Corporation 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 such officer as may be empowered by the Commissioner in the Corporation area in this behalf, within twenty-one days from the date of birth of the child, information containing such particulars as are required under the Registration of Births and Deaths Act, 1969, or the rules made thereunder:
Provided that-
(a) in the case of an illegitimate child, no person shall be required under this Act to give, as father of such child, any information containing the particula
In case any new-born child is found exposed, it shall be the duty of every person who finds such child or in whose charge such child may be placed to give, to the best of his knowledge and belief, to the officer empowered under section 343, within twenty-one days from the date of finding such child or from the date of having been placed with the charge of such child, as the case may be, such information containing the particulars of birth of such child as such person possesses.
It shall be the duty of the nearest relation of a person present at the time of death of such person or in attendance during the last illness of such person dying in a premises within the Corporation area and, in default of such relation, of any person present or in attendance at the time the death occurred (hereinafter referred to as the latter) and, in default of the latter, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of to give, to the best of his knowledge and belief, to the officer specially empowered in this behalf for the area within which the death took place, information containing such particulars as may be required under the Registration of Births and Deaths Act, 1969 (18 of 1969), and the rules made thereunder, within twenty-one days from the date of its occurrence :
Provided that-
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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 cognizent 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 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 any other place for disposal of the dead, whether situated within the Corporation 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 authorised by the State Government in this behalf.
(1) Every owner or keeper of a place not vested in, or owned by, the Corporation or a Board appointed by the State Government for the administration of such place, which is used for burying, burning or otherwise disposing of the dead, shall cause such place to be registered in a register which shall be kept by the Commissioner and shall deposit in the office of the Corporation at the time of registration a plan of such place prepared by a surveyor.
(2) All burial and burning grounds, public or private, shall be registered in the book of the Corporation in such manner as may be determined by regulations.
(3) The provisions of this chapter shall be subject to the provisions of the Registration of Births and Deaths Act, 1969 (18 of 1969).
(1) The Corporation shall prepare a Draft Development Plan for the Corporation area in consultation with the concerned District Planning Committee for a period of five years, and shall submit to the Urban Development Sub-Committee at least one year before completion of the term of the preceding Draft Development Plan:
Provided that the Corporation shall prepare the first Draft Development Plan in accordance with the directions of the District Planning Committee.
(2) The Draft Development Plan for the Corporation area shall be a written statement, and shall include-
(a) the schemes of the Corporation for the development and other use of land or for any de
A financial statement shall be submitted with the Draft Development Plan containing-
(a) detailed particulars about the quantum of finance available for conducting the development programme under the said Draft Development Plan from-
(i) own resources of the Corporation with sourcewise break-ups, and
(ii) corporate sector or household sector;
(b) the following particulars in detail:-
(i) credit plan or terms and conditions of availing of the finance from corporate sector or household sector, and
(ii) sources of fund for
The Corporation may, at any time but not more than once in every three years, propose to the District Planning Committee any revision or modification of the Draft Development Plan.
(1) The Corporation shall prepare an Annual Development Plan for a period of one financial year, covering only the relevant portion of the Draft Development Plan for the concerned period, in consultation with the District Planning Committee, and submit the said Annual Development Plan 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 333 and section 334 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 purp
Notwithstanding anything contained elsewhere in this Act, but subject to the proviso to subsection (5) of section 1, the provisions of this chapter shall apply to the Corporation 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 Corporation.
(1) The word "drain", as defined in clause (30) of section 2, shall, in the case of the Corporation in the hill areas, include a jhora or watercourse of natural drainage line, and the State Government may, for the purposes of this Act, specify, by notification, the limits of any jhora, watercourse, channel, or natural drainage line with a municipal area in the hill areas.
(2) For the purposes of this chapter, the expression "masonry building", as defined in clause (55) of section 2, shall include a framed building.
(i) "Government road" means a road, street, square, court, alley, or passage, maintained by the Central Government or the State Government or at the public expense;
(ii) "private bridge" means any bridge which is not a public bridge as defined in clause (v);
(iii) "private drain" means any drain which is not public drain as defined in clause (vi);
(iv) "private road" means any road, street, square, alley, or passage, which is not a public road as defined in clause (vii) or Government road as defined in clause (i);
(v) "public bridge" means a bridge on or over which
If it appears to the Commissioner 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 a notice in writing, 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.
The Commissioner 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 Commissioner shall provide a reasonable means of access to persons occupying holdings adjacent to such public road or part of such public road.
All private roads and bridges shall be subject to the inspection and control of the Corporation.
(1) Every person who intends to construct, reconstruct or alter a private road shall send to the Commissioner an application for permission to execute the work of construction, reconstruction or alteration, as the case may be, of such private road.
(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 Commissioner or by an office authorised by him in this behalf.
(4) The permission referred to in sub-section (1) may be granted or refus
If it appears to the Commissioner 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 a notice in writing, require the owner of such private road,-
(a) to reconstruct, regrade, divert, alter, or repair such private road, or
(b) to construct a revetment for 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 Commissioner that it is necessary to provide any waterway on any private road or to enlarge any waterway on any private road, he may, by a notice in writing, require the owner of 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 road or private road or drain, the Commissioner may cause the obstruction to be removed and take all measures incidental thereto, and recover the expenses thereof from the owner of such premises, unless such owner himself causes the obstruction to be removed.
(1) Every person, who intends to construct, reconstruct, alter, stop up, or obstruct any private drain, shall send to the Commissioner 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 may be granted subject to any conditions which the Commissioner may think fit to impose in accordance with such rules as may be made in this behalf.
(4) No construction, reconstruction, alteration, or stoppage of, or obstruction to, any private drain shall be commenced without the permission, in writing, of th
(1) The Commissioner may, by a notice, in writing, 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 the direction, of such drain, or
(c) to provide for such drain or such movable cover or grating as may be specified in the notice, or
(d) to carry such drain to such point of outlet, or to such junction with some other drain, as may be specified in the notice.
(2) The Commissioner may, by a notice, in writing, require the owner, or the occupier, of any b
If any land or building is not drained to the satisfaction of the Commissioner, he may, by a notice, in writing, require the owner of such land or building to provide a drain therefor at such inclination, and to such point of outlet or junction with some other drain, as may be specified in the notice.
(1) If it appears to the Commissioner 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 Commissioner may cause such land or building to be drained, or the drainage thereof to be improved, in such manner as he may consider fit.
(2) The Commissioner 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 for carrying out the provisions of sub-section (1) or sub-section (2), as the case may be, shall be paid by the owner of the land or the building, as the case may be, in proportion to the benefit deri
If it appears to the Commissioner that any building or portion of a building or anything 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 Commissioner may, by a notice, in writing, 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
If it appears to the Commissioner that the condition or situation of any hillside or bank, being private property, is such as threatens the safety of any building (hereinafter referred to as unsafe building) or the safety of such unsafe building cannot be ensured by taking action under any other provision of this Act or such unsafe building threatens the safety of some other building, he may, by a notice, in writing, require the owner of such unsafe building-
(a) to take down the unsafe building and remove the materials, or
(b) to secure the unsafe 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 a notice in writing, require the owner of the other buildi
(1) If it appears to the Commissioner 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 Commissioner may, by a notice, in writing, 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.
If it appears to the Commissioner 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 Commissioner 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 Commissioner may direct.
The Commissioner 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 Corporation with the owner of such private land in such proportion as the Commissioner may direct.
Whenever any revetment, retaining-wall or toe-wall is required to be constructed, reconstructed, enlarged, strengthened, altered or repaired, or any land is required 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 Commissioner that any building or the site thereof is, in consequence of its condition or situation with reference to any hillside or bank,unsafe, he may, by a notice, in writing, prohibit the owner of such building or site thereof 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 Commissioner.
(2) If it appears to the Commissioner that the drainage of, or the latrine accommodation provided for, any masonry or framed building is defective, it may, by a notice, in writing, prohibit the owner of such building from letting the building for occupation until the defect has been remedied to its satisfaction.
(1) In addition to any rule that the State Government may make under this Act, the Corporation in the hill areas may, at a meeting, make regulations-
(a) prohibiting the cutting or destroying of trees, shrubs, or 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 bypaths, and general protection of the surface land on any hillside, where such regulations appear to the Corporation to be necessary for the maintenance of water-supply, preservation of soil, preservation of landslips or of formation of ravines or torrents, and protection of land against erosion or deposit thereon of sand, gravel or stones;
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(1) The State Government may, after previous publication in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which under any provisions of this Act are required to be prescribed or to be provided for by rules.
(3) Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, till such time as the State Government makes rules under this Act providing for all or any of the matters, the rules under the West Bengal Municipal Act, 1993 (West Ben. Act XXII of 1993), the Howrah Municipal Corporation Act, 1980 (West Ben. Act LVIII of 1980), or the Kolk
(1) The Corporation may make regulations, not inconsistent with the provisions of this Act or the rules made thereunder, for discharging its functions under this Act.
(2) No regulation made by the Corporation under this Act shall have any validity unless and until it is approved by the State Government.
(3) Before approving any such regulation, the State Government may modify, it.
Section 363 Penalty for breach of regulations
(1) Any regulation made under this Act may provide that a contravention thereof shall be punishable-
(1) If the State Government is, at any time, of opinion that any regulation made by the Corporation should be cancelled or modified, either wholly or in part, it shall cause the reasons for such opinion to be communicated to the Corporation, and shall specify a period within which the Corporation may make any representation with regard thereto.
(2) After the expiry of such period and on consideration of the representation of the Corporation, if any, the State Government may, at any time, by notification, cancel or modify such regulation, either wholly or in part.
(3) Any notification under sub-section (2) shall be published in local newspapers.
The State Government may by notification, add to, amend, or alter, any Schedule to this Act.
(1) The State Government may, subject to such conditions or restrictions as it may deem fit to impose, by notification, delegate to the Director of Local Bodies, appointed under any law for the time being in force, any of the powers vested in, or the functions imposed on, the State Government by or under this Act, and thereupon, the Director of Local Bodies shall exercise such powers or perform such functions as if he were the State Government.
(2) The State Government may, by notification, authorise one or more Deputy Directors of Local Bodies or Assistant Directors of Local Bodies, appointed under any law for the time being in force, to exercise the powers, and perform the functions, of the Director of Local Bodies.
(3) Notwithstanding anythin
(1) The Director of Local Bodies, in addition to the powers or functions delegated to him by or under this Act may-
(a) inspect, or cause to be inspected, any immovable property owned, used or occupied by the Corporation or any work in progress under the direction of any authority of the Corporation;
(b) inspect or examine any department of the Corporation, or any office, service, work or thing under the control of the Corporation;
(c) record, in writing, for the consideration of the Corporation, any observation he thinks proper in regard to the proceedings or duties of the Corporation.
(2) For the purpose of any inspection or examination under sub-section
The State Government may, at any time,-
(a) call for any document in the possession, or under the control, of the Commissioner or any officer of the Corporation;
(b) require the Commissioner or any officer of the Corporation to furnish any return, plan, estimate, statement, account, report, or statistics, or any information whatsoever.
Section 369 Inspection of works or institution constructed or maintained by Corporation, or register, book etc. of Corporation, by officers of State Government
Any work or institution constructed or maintained, or any programme undertaken in whole or in part, at the expense of
(1) The State Government may, after giving the Corporation a reasonable opportunity of being heard, annul any proceeding or resolution or order of the Corporation which that Government 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 Corporation, the State Government may suspend the operation of such proceeding or resolution or order.
(2) That State Government may, on receiving any information that the Corporation is about to pass an order, or instruction, or to implement any act, in excess of any power conferred on it by this Act, forthwith prohibit the passing of such order, or instructio
In the discharge of their functions, the Corporations 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 Corporation has made default in performing any duty 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.
(2) If such duty is not performed within the period so fixed, the State Government may appoint its own agency to perform such duty and may direct that the expenses of performing such duty shall be paid to such agency from the Municipal fund within such time as that Government may fix.
Where, by reason of any order of a competent court, the Corporation is unable to exercise the powers, or to perform the duties, or to 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 person or persons to exercise the powers, or to perform the duties, or to discharge the functions, or 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) The State Government may require the Corporation 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 that Government may deem fit and proper.
(2) When so require, it shall be the duty of the Corporation to participate in such process of co-ordination in accordance with such procedure as the State Government may determine.
(1) The Corporation shall convene a meeting of the citizens in each area covered by a Borough Committee once a year for placing its annual administration report and annual financial statement for public information and deliberation thereon.
(2) The views of the citizens on the said report and the said statement shall be recorded and considered in such manner as may be prescribed.
All the members, and officers and other employees, of the Corporation shall, while acting, or purporting to act, in pursuance of, or in exercise of any power conferred by or under, any provision of this Act or the rules or the regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860), and the definition of "legal remuneration" in section 161 of that Code, the word "Government" shall, for the purposes of this section be deemed to include the Corporation.
(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 the Corporation to exercise any power or to perform any function or to discharge any duty, or
(b) upon the transfer to the Corporation of any function, or control and management of any property, under any provision of this Act, the State Government shall, subject to such conditions as it may deem fit to impose, place at the disposal of the Corporation the services of such officers and other employees of the State Government to work under the supervision of the Corporation as may by necessary, to enable the Corporation to exercise such power or to perform such function or to discharge such duty, as the case may be.
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(1)The State Government may require the Corporation to avail of the services of the Municipal Engineering Directorate of the State Government, or the 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.
(2) The power of the State Government under sub-section (1) shall include the power to post a technical officer, namely, an engineer, architect or town planner, from the pool of the Municipal Engineering Directorate, with or without supporting staff, who shall discharge his functions in such manner as the State Government may decide.
(1) The State Government may require the Corporation 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 Corporation functionaries and personnel.
(2) It shall be obligatory on the part of the Corporation 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.
Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, the Hill Council may provide to the Corporation in hill areas such financial and technical assistance as it may require in any emergent circumstances.
Notwithstanding anything contained elsewhere in this Act, the State Government may, in consultation with the Mayor, appoint, from its own cadre, an officer to be posted for the Corporation 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 Corporation.
If any dispute arises on any matter between the Corporation and any other local authority, 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 under the Siliguri Municipal Corporation Act, 1990 (West Ben. Act XXX of 1990), or the Asansol Municipal Corporation Act, 1990 (West Ben. Act XXXI of 1990), or the Chandernagore Municipal Corporation Act, 1990 (West Ben. Act XXXII of 1990), or the Durgapur Municipal Corporation Act, 1994 (West Ben. Act LIII of 1994), or the West Bengal Municipal Act, 1993 (West Ben. Act XXII of 1993), or the West Bengal Panchayat Act, 1973 (West Ben. Act XLI of 1973), by or against the Corporation constituted under this Act may be continued or instituted by the Corporation.
(2) For the purposes of any suit or other legal proceeding referred to in subsection (1), and of all matters incidental thereto, the powe
Whoever contravenes any provision of any section, subsection, or clause, or any proviso to any section, sub-section, or clause, of this Act mentioned in column 1 of Schedule V shall be punishable with fine which may extend to the amount, or with imprisonment for a term which may extend to the period, specified in column 3 of the said Schedule, or with both, and, in the case of 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 of such contravention or failure after conviction for the first such contravention or failure.
The Corporation shall, for the purposes of this Act, have the power to acquire and hold movable or immovable property or any interest therein, whether within or outside the limits of the Corporation area.
The Commissioner shall maintain an inventory of movable and immovable properties of the Corporation in such form and manner as may be determined by the Corporation by regulations.
The Corporation may dispose of, by sale or otherwise, any movable or immovable property belonging to the Corporation in such manner as may be prescribed.
(1) Subject to the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), in identical matters, the Commissioner or any other officer or other employee of the Corporation, authorised by the Commissioner or empowered under this Act in this behalf, may enter into or upon any land or building with or without assistance for the purpose of enquiry, inspection, execution of any work or discharge of any function authorised under this Act or the rules or the regulations made thereunder.
(2) It shall be lawful for the Commissioner or any person authorised by him in this behalf to make forcible entry into any land or building or break open any door, gate or other barrier, if the same is considered necessary for carrying out the purposes of this Act, after calling upon two or more respectable inhabitants of the locality to witness such e
It shall be the duty of every police-officer in or outside the Corporation area to assist the Mayor, the Corporation, the Councillors, the Commissioner or any other officer or other employee of the Corporation in the exercise of the powers, and in the discharges of the duties and the functions, under this Act or the rules or the regulations made thereunder as and when such assistance is called for.
If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, as occasion may require, by order, do or cause to be done anything which may be necessary for removing the difficulty.
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 time for doing such thing.
(1) Every licence, permission, in writing, notice, bill, summons or other document which is required by this Act or the rules or the regulations made thereunder to bear the signature of the Commissioner or any other officer of the Corporation, shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or such other 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 to be served upon, or issued to, any person shall be served or issued by an officer or other employee of the Corporation or by any person authorised by the Commissioner in that behalf.
(1) Every notice, bill, summons or other document required or authorised by this Act or the rules or the regulations made thereunder to be served or issued by or on behalf of the Corporation or by any of the municipal authorities referred to in section 9 or any officer or other employee of the Corporation shall, save as otherwise provided in this Act or the rules or the regulations made thereunder, be deemed to be duly served,-
(a) where the person to be served is a company, if the document is addressed to the company or the secretary or the manager of the company at its registered office or at its principal office or place of business and is either-
(i) sent by registered post, or
(ii) delivered at the registered office or at the principal offi
All offences under this Act or the rules or the regulations made thereunder, whether committed within or outside the Corporation area, shall be cognizable by any Judicial Magistrate having jurisdiction and such Magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any law, repealed by this Act, by reason only of his being-
(a) liable to pay under this Act any property tax or other tax of fee or charge; or
(b) benefited by the Municipal Fund.
(1) No person shall be liable to any punishment for an offence under this act or the rules or the regulations made thereunder unless a complaint of such offence is made, before a Judicial Magistrate having jurisdiction, within six months next after-
(a) the date of commission of such offence, or
(b) the date on which the commission or the continuance of such offence is first brought to the notice of the Corporation or the Commissioner.
(2) For the avoidance of doubt, it is hereby declared that any failure to take out a licence under this Act until the expiration of the period for which such licence is required to be taken or to obtain a certificate of enlistment under section 141 shall, for the purpo
A copy of any receipt, application, plan, notice, order or other document or any entry in a register in the possession of any municipal authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence of such application, plan, notice, order, document or entry.
Every Councillor and the Commissioner of the Corporation shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860), and in the definition of "legal remuneration" in section 161 of that Code, the word "Government" shall, for the purposes of this section, be deemed to include the Corporation.
When the Commissioner requires the owner of any premises to carry out any work, he may, if he considers it desirable so to do, required the occupier of the said premises to carry out such work, and the occupier shall be bound to comply with such requisition:
Provided that except in the case of a special agreement to the contrary, such occupier may deduct the amount of the expenses reasonably incurred or paid by him in respect of such work from the rent payable to the owner or may recover the same from the owner in any court of competent jurisdiction.
No person shall,-
(1) save with the permission, in writing, of the Commissioner and in such manner as he may authorise, store or use night-soil, cowdung, manure, rubbish or any other substance emitting an offensive smell;
(2) use or permit to be used any premises for any purpose which is, in the opinion of the Commissioner, dangerous to life, health or property or likely to create a nuisance on any land or building or workshop or workplace. The Commissioner or any officer empowered by him may, by a notice, in writing, require the person or persons by whose act, default or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land, building, workshop or workplace to remove or abate the nuisance by taking such measure, in such manner, and within such period, as m
Where any building or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression or excavation or any branch of tree is, in the opinion of the Commissioner, dangerous to persons passing by or dwelling or working in the neighbourhood, the Commissioner may, by a notice, in writing, require, the owner or the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary and if the danger is, in the opinion of the Commissioner, imminent, he shall forthwith take such steps as he thinks necessary to avert the danger. And, on failure of compliance with the notice for removal and abatement of the nuisance or the danger, the offender may be punished with imprisonment for a term which may extend to three months or with fine to the extent of rupees five hundred and, in the case of continuing offence, with daily fine of rupees fifty.
(1) The Corporation shall constitute a Committee to be called the Heritage Conservation Committee with the Mayor as its Chairman and the Commissioner 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,
&
(1) With effect from the date of commencement of this Act, the provisions of the West Bengal Panchayat Act, 1973, the Wet Bengal Municipal Act, 1993, the Siliguri Municipal Corporation Act, 1990, the Asansol Municipal Corporation Act, 1990, the Chandernagore Municipal Corporation Act, 1990, and the Durgapur Municipal Corporation Act, 1994, shall cease to apply to any area constituted, or deemed to have been constituted as a Corporation area under this Act and shall cease to be in force in such area.
(2) Notwithstanding the provisions of sub-section (1), the Siliguri Municipal Corporation, or the Asansol Municipal Corporation, or the Chandernagore Municipal Corporation, or the Durgapur Municipal Corporation, constituted under the Siliguri Municipal Corporation Act, 1990, or the Asansol Municipal Corporation Act, 1990, or the Chandernago
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