WEST BENGAL MUNICIPAL CORPORATION ACT, 2006

WEST BENGAL MUNICIPAL CORPORATION ACT, 2006

S.1 Short title, extent and commencement

S.2 Definitions

S.3 Declaration of intention to constitute Corporation area

S.4 Publication of declaration

S.5 Consideration of objection

S.6 Constitution of Corporation area

S.7 Power to determine number of wards in a Corporation area

S.8 Power to abolish, or to alter the limits of, Corporation area

S.9 Municipal authorities

S.10 Corporation

S.11 Constitution of Board of Councillors

S.12 Election to Corporation

S.13 Terms of office of Councillors

S.14 Disqualification for being a Councillor on change of political party

S.15 Leader of the Opposition

S.16 Oath of allegiance to be taken by Councillors

S.17 Election of Mayor and Chairman

S.18 Term of office of Mayor and Chairman

S.19 Constitution of Mayor-in-Council

S.20 Term of office of Deputy Mayor and other members of Mayor-in-Council

S.21 Municipal Accounts Committee

S.22 Borough Committee

S.23 Ward Committee

S.24 Constitution of Standing Committees

S.25 Functions of the Standing Committee

S.26 Education Committee

S.27 Poor Fund Committee

S.28 Remuneration and facilities of Mayor, Chairman, Deputy Mayor, members of Mayor-In-Council, Leader of the Opposition, Chairman of Borough Committee, the Councillor and members of committee

S.29 Appointment of special committee

S.31 Code of Conduct for the elected functionaries

S.30 Salary and other conditions of service of Commissioner and other officers appointed by State Government

S.33 Establishment of Corporation

S.34 Appointment

S.35 Compulsory retirement of officers and other employees of CorporationQ

S.36 Terms and conditions of service of officers and other employees of Corporation

S.37 Constitution of Municipal Service Commission

S.38 Payment of salaries and allowances of Chairman and other members, and officers and other employees, of Municipal Service Commission

S.39 Selection of personnel

S.40 Municipal Vigilance Authority

S.41 Powers and functions of Mayor-in-Council

S.42 Powers and functions of Mayor

S.43 Deputy Mayor to act as Mayor or Chairman or to discharge the functions of Mayor or Chairman during casual vacancy in the office of Mayor or Chairman or during the absence of Mayor or Chairman

S.44 Powers and functions of Commissioner

S.45 Powers and functions of Secretary

S.46 Financial powers of Board of Councillors, Mayor-in-Council and Commissioner

S.47 Delegation of powers and functions

S.48 Doubts as to powers or functions of Municipal Authorities

S.49 Nomination of panel of Presiding Officers

S.50 Meeting

S.51 First meeting of Corporation after general election

S.52 Notice of meeting

S.53 List of business

S.54 Quorum

S.55 Presiding Officer of meeting of Corporation

S.56 Discussion on urgent public matters

S.57 Questions on matter relating to administration

S.58 Statement on matter relating to administration

S.59 Circulation of minutes of proceedings and inspection of minutes of proceedings

S.60 Power of State Government to dissolve Corporation

S.61 Consequences of dissolution

S.62 Municipal Fund

S.63 Application of Municipal Fund

S.64 Expenditure on physical assets outside Corporation area

S.65 Operation of bank account

S.66 Approval of State Government in respect of work etc. estimated to cost more than rupees twenty-five lakh

S.67 Payment not to be made out of Municipal Fund unless covered by budget grant

S.68 Procedure when money, not covered by budget grant, is paid

S.69 Annual budget

S.70 Financial assistance by State Government

S.71 Power of Corporation to raise loan

S.72 Limit to power to raise loan

S.73 Power of Corporation to open credit account with bank

S.74 Repayment of loan

S.75 Form and effect of debenture

S.76 Sinking Fund

S.77 Investment of amount of Sinking Fund

S.78 Application of Sinking Fund

S.79 Statement of investment

S.80 Annual examination of Sinking Fund

S.81 Power of Corporation to borrow money from State Government

S.82 Attachment of Municipal Fund for securing any payment into Sinking fund

S.83 Accounts to be kept by Finance Officer

S.84 Internal audit of accounts by Chief Auditor

S.85 Report by Chief Auditor

S.86 Rules of internal audit

S.87 Appointment of Auditors

S.88 Report and information to be furnished by auditors

S.89 Mayor-in-Council to remove defects and to report to Corporation

S.90 Power of Auditors to disallow, to surcharge, and to charge

S.91 Reference of reports to Municipal Accounts Committee

S.92 Right of appeal to civil court or State Government

S.93 Payment of certified amount

S.94 Cost payable out of Municipal Fund

S.95 Effect of non-payment of certified amount

S.96 Power of State Government to make rules

S.97 Obligatory functions of Corporation

S.98 Discretionary functions of Corporation

S.99 Transfer of functions of State Government

S.100 Power to transfer any function of Corporation under the Act to any organization

S.101 Powers of the Corporation to enter into any business or venture

S.102 Power to impose tax

S.103 Levy of fee on congregation

S.104 Levy of fee on tourist

S.105 Levy of special conservancy charge

S.106 Levy of administrative or special cleansing charges

S.107 Levy of fee, charge, etc

S.108 Property tax on land and building

S.109 Levy of surcharge

S.110 Exemption of diplomatic mission

S.111 Exemption of Central Government property

S.112 Exemption of holding exclusively used for public worship etc

S.113 Exemption of holding exclusively used for public charity or medical relief or education of the poor, free of charge

S.114 Exemption of holding used by educational institution

S.115 Exemption of properties of ex-serviceman

S.116 Power to reduce property tax in case of excessive hardship

S.117 Remission on account of vacant holding

S.118 Exemption of holding of low valuation

S.119 Determination of annual valuation

S.120 Determination of annual valuation of holding exempted from property tax

S.121 Unit of assessment

S.122 Periodic assessment

S.123 Preparation of valuation and assessment list

S.124 Publication of assessment list

S.125 Application for review

S.126 Hearing of objection by Review Committee

S.127 Amendment or alteration of assessment list

S.128 Addition to assessment list

S.129 Intimation to Valuation Board regarding addition to, or alteration in, assessment list

S.130 Submission of return and inspection of holding for purpose of assessment

S.131 Transfer of title of land or building

S.132 Self-assessment and submission of return

S.133 Levy of surcharge on transfer of land

S.134 Incidence of property tax on land and building

S.135 Cases of annual value of land or building exceeding the amount of rent thereof

S.136 Recovery of sum due on account of property tax on land and building from occupier

S.137 Payment of property tax in quarterly instalment

S.138 Property tax in bustee

S.139 Person liable to pay surcharge to recover it from occupier

S.140 Default of payment of property tax

S.141 Certificate of enlistment for profession, trade and calling

S.142 Tax on advertisement

S.143 Licence for use of site for the purpose of advertisement

S.144 Prohibition of advertisement without payment of tax

S.145 Presumption in case of contravention

S.146 Power of Commissioner in case of contravention

S.147 Exception

S.148 Tax on cart, carriage and animalq

S.149 Rate of tax

S.150 Tax on whom leviable

S.151 Licence

S.152 Power of Corporation to compound for tax

S.153 Power to make regulations providing for the manner of imposition etc, of tax

S.154 Levy of toll

S.155 Provision in regard to ferry

S.156 Manner of recovery of tax under this Act

S.157 Time and manner of payment of tax

S.158 Presentation of bill

S.160 Penalty in case of default of payment of tax

S.161 Recovery of tax

S.162 Distress

S.163 Disposal of distrained property and attachment and sale of recoverable property

S.164 Recovery of tax from person about to leave Corporation area

S.165 Recovery under Ben. Act III of 1913

S.166 Distraint not unlawful for want of form

S.167 Occupier to pay rent towards satisfaction of property tax

S.168 Recovery of tax from unauthorised occupier of land or building

S.169 Recovery of property tax on land and building or any other tax or charge when owner of land or premises is unknown or ownership is disputed

S.170 Tax not invalid for defect of form

S.171 Cancellation of irrecoverable dues

S.172 Apportionment of property tax on lands and buildings by person primarily liable to pay such tax

S.173 Mode of recovery

S.174 Property tax on land and building to be first charge on premises

S.175 Definitions

S.176 Duty of Corporation to supply water

S.177 Supply of unfiltered water

S.178 Water supply to huts or bustees

S.179 Water supply through hydrants, stand-posts or other conveniences

S.180 Supply of water for domestic purpose not to include supply of water for certain other purpose

S.181 Power to supply water for non-domestic purpose

S.182 Supply of water to ship

S.183 Supply of water to areas adjacent to Corporation area

S.184 Presumption as to supply of water

S.185 Presumption as to washing of vehicles

S.186 Proprietary rights of Corporation over subsoil water resource

S.187 Power of Corporation relating to waterworks

S.188 Commissioner to manage waterworksQ

S.189 Power of access to waterworks

S.190 Inspection of waterworks by person appointed by State GovernmentQ

S.191 Purity of water for domestic purpose

S.192 Prohibition regarding sinking of tube-well

S.193 Direction by Commissioner to sink tube-well in some cases

S.194 Commissioner to maintain a register of tube-well sunk in Corporation area

S.195 Power to lay mains

S.196 Power to lay service mains etc

S.197 Provision for fire-hydrant

S.198 Power of Commissioner to allow connection of premises to service mains

S.199 Power of Commissioner to require separate supply-pipe

S.200 Stopcock

S.201 Water-pipe etc. not to be placed where water will be polluted

S.202 Supply-pipe to be kept in efficient repair

S.203 Taking charge of supply-pipes and water-fittings by Commissioner and vesting thereof in Corporation

S.204 Municipal water-supply, Sewerage and Drainage Code

S.205 Power of Corporation to establish block meter

S.206 Power of Commissioner to provide water meter

S.207 Presumption as to correctness of water meter

S.208 Prohibition of fraud on water meter

S.209 Payment for supply of water on the basis of readings shown by water meter

S.210 Exemption from payment of fee for supply of water

S.211 Premises constructed or reconstructed after the commencement of this Act not to b e occupied without arrangement for water supply

S.212 Power to require water supply to be taken

S.213 Power to close, or to restrict the use of water from, polluted sources of supply

S.214 Power to require filling up of well

S.215 Power of Corporation to require owner of premises to set up pump etc

S.216 Filtered water supplied for domestic purpose not to be used for non-domestic purpose

S.217 Use of unfiltered water

S.218 Prohibition of waste or misuse of water

S.219 Power to enter premises to detect waste or misuse of water

S.220 Power td cut off or turn off supply of water to premises

S.221 Joint and several liability of owner and occupier for offence in relation to water supply

S.222 Public drain and drain in, alongside, or under, public street to vest in Corporation

S.223 Drain etc. constructed, erected or set up in premises at charge of Municipal Fund, to vest in Corporation

S.224 Private street etc. not to be constructed over municipal drain without permission

S.225 Power of the Commissioner to levy fees for drainage and sewerage service

S.226 Right of owner or occupier of premises to empty his house-drain into municipal drain

S.227 Connection with municipal drain not to be made except in conformity with section 226

S.228 House-drain, closed cesspool, etc

S.229 Grouping or combination of house-drains and enforcement of drainage in undrained premises

S.230 Municipal drain may communicate with public drain etc

S.231 Certain matters not to be passed on to municipal drain

S.232 Placing or carrying any pipe etc., over, under or across any immovable property

S.233 Placing and maintenance of aqueduct etc. over, under or across any immovable property

S.234 Map of underground utilities

S.235 Power of Corporation to provide and maintain public privies and urinals

S.236 Licence for public toilets and urinals

S.237 Conversion of service privies into sanitary toilets etc

S.238 Privy, urinal and other accommodation in premises for twenty or more labourers or workmen

S.239 Provisions for privy and urinal accommodation in premises intended for human habitation

S.240 Position of cesspools

S.241 House drains etc. to be subject to survey and control of Corporation

S.242 Power of Corporation to grant licence to plumbers

S.243 Prevention of mosquito-breeding

S.244 Vesting of public street in Corporation

S.245 Functions of Commissioner in respect of public street

S.246 Power of Corporation to make new public street etc

S.247 Power of Commissioner to remove or alter obstruction, encroachment or projection

S.248 Power of Commissioner to remove anything erected, deposited or hawked in contravention of the Act

S.249 Prohibition of tethering of animal and milking of cattle

S.250 Power to specify building line and street alignment

S.251 Power of Commissioner to authorise temporary construction, or temporary closure of, part of public street

S.252 Rights of way for underground utilities

S.253 Closure of public street for parking purpose

S.254 Owner's obligation to make street while disposing of any land

S.255 Private street to be public street

S.256 Prohibition of making new street Lighting

S.257 Provision for lighting of public street, square, market and building

S.258 Arrangement for fire prevention and fire safety

S.259 Definitions

S.260 Municipal Building Committee

S.261 Use of land for erection of new building

S.262 Application for sanction for erection or re-erection of building

S.263 Sanction or provisional sanction or refusal of sanction for erection of building

S.264 Validity and duration of permission for erection or construction of structure or building under West Ben, Act XXII of 1993 or West Ben. Act XLI of 1973

S.265 Commencement and completion of building vis-a-vis validity period of sanction

S.266 Order of demolition of building or stoppage of erection of building and appeal or execution of work

S.267 Prohibition on change of use of building

S.268 Power to order demolition of buildings, dangerous ruinious or unfit for human habitation

S.269 Licensed Building Surveyor

S.270 Rules regulating use etc. of building

S.271 Power to regulate future construction of building in any particular street or locality

S.272 Power to prohibit change of authorised use of building

S.273 Licence to be obtained for use of premises for non-residential purpose

S.274 Power to prevent use of premises for specified purpose in particular area for reasons of environment

S.275 Approval of building site and sanction of plan for erection of building

S.276 Purpose of use of building and conditions of erection or re- erection of building

S.277 Sanction of building plan and permission to execute work

S.278 Sanction or permission to be deemed to have been granted in case of default in according sanction or permission

S.279 Notice to Commissioner before commencement of work

S.280 Grounds on which sanction may be refused

S.281 Period for completion of building or work

S.282 Completion certificate

S.283 Power to refuse sanction or to impose restrictions, etc. in case of building at corner of street

S.284 Power to prevent the use of inflammable materials for building,etc

S.285 Provisions of this chapter not to apply in certain cases of addition and alteration

S.286 Power of the Commissioner to cancel permission on the ground of material misrepresentation by applicant

S.287 Unauthorised construction

S.288 Power to stop excavation

S.289 Power to stop unauthorised construction

S.290 Power to require alteration of existing building

S.291 Maintenance of building

S.292 Permission for establishment of theatres, circuses, exhibitions, and places of public amusement

S.293 Conditions for grant of permission

S.294 Power to fix lamps, brackets, etc. to the buildings

S.295 Construction of building in contravention of provisions of the Act or the rules made thereunder

S.296 Power to define and alter limits of bustee

S.297 Preparation of improvement scheme for bustee

S.298 Power to acquire the right of user in land or around bustee

S.299 Sanction of building plan for permanent construction etc. in a bustee

S.300 Collection, removal and disposal of solid waste

S.301 Procedure in the case of building deemed unfit for human habitation

S.302 Warehouse, godown, etc. not to be established without permission

S.303 Factory etc. not to be established etc. without permission of Commissioner

S.304 Eating-house etc. not to be kept without licence

S.305 Control of theatre, circus and place of public amusement

S.306 Power of Commissioner to stop use of premises when used without or otherwise than in conformity with terms of licence

S.307 Power to provide and maintain municipal market, slaughter house and stockyard

S.308 Power of Commissioner to grant licence for private market etc

S.309 Licence for trade or business of butcher and sale of meat etc. outside municipal market or private market

S.310 Levy of stallage rent and fee

S.311 Depot for sale of essential commodities

S.312 Licence for hawking etc

S.313 Licence for sale of fish, poultry, etc

S.314 Power to seize food etc

S.315 Commercial projects of Corporation

S.316 Registration of manufactory

S.317 Prohibition of adulteration in place, where butter, ghee, etc. are manufactured or stored

S.318 Place of manufacture, preparation, etc. for sale of any drug or food to be open to inspection

S.319 Licence for keeping shop or place for retail sale of drug

S.320 Corporation to take measures for prevention and checking of dangerous disease

S.321 Obligation to give information about dangerous disease

S.322 Power of Commissioner to inspect places and to take measures to prevent spread of dangerous disease

S.323 Power of Commissioner to disinfect building, tank, pool or well

S.324 Measures to prevent spread of dangerous disease

S.325 Registration of births and deaths

S.326 Information about birth

S.327 Information about finding new-born child

S.328 Information about death

S.329 Medical practitioner to certify cause of death

S.330 Duties of police in regard to unclaimed corpse

S.331 Sextons etc. not to bury etc. corpse

S.332 Registration of places for disposal of the dead

S.333 Preparation of Draft Development Plan

S.334 Financial statement in regard to Draft Development Plan

S.335 Modification of Draft Development Plan

S.336 Annual Development Plan

S.337 Application of the Act to Corporation in hill areas

S.338 Extension of definitions of "drain" and "masonry building"

S.339 Definitions

S.341 Power to close private road

S.342 Power to close temporarily public road or part of public road for 'repair or other purpose

S.343 Control over private road and bridge

S.344 Control over construction or alteration of private road

S.345 Reconstruction etc. of private road

S.346 Providing waterway on private road or enlargement of waterway on private road

S.347 Rules as to construction etc. of private road etc

S.348 Removal of obstruction on public road or private road or drain

S.349 Control over construction, or alteration, of private drain

S.350 Reconstruction, repair, etc. of private drain, roof-gutter, etc

S.351 Power to require owner of land or building to provide drain

S.352 Combination of drainage of land or building belonging to different owners

S.353 Building etc. threatening stability or security of hill-side or bank or immovable property thereon

S.354 Safety of building threatened by hillside or bank

S.355 Construction etc. of revetment etc. on, or turfing or sloping of private land

S.356 Execution of work in combination

S.357 Construction, re-construction, etc. of revetment, retaining wall, etc. on private land

S.358 Rules of construction etc, of revetment etc

S.359 Prohibition of occupation of unsafe or insanitary building

S.360 Power of Corporation to make regulations for hill areas

S.361 Power to make rules

S.362 Power of Corporation to make regulations

S.364 Power of State Government to cancel or to modify regulations

S.365 Power to amend Schedule

S.366 Delegation of power by the State Government

S.367 Supervision by Director of Local Bodies

S.368 Power of State Government to call for document, return or information from commissioner or any officer of Corporation

S.370 Power of State Government to annual proceedings etc. of Corporation or to prohibit passing of order etc. by Corporation

S.371 Directions by the State Government

S.372 Power of State Government to require Corporation to perform its duty in case of default

S.373 Special provision in case of prohibitory order of court

S.374 Co-ordination of planning and development

S.375 Meeting of citizens within the jurisdiction of Borough Committee

S.376 Members and officers and other employees to be public servants

S.377 Power of State Government to direct officers and other employees of State Government to work under Corporation

S.378 Power of State Government to require Corporation to avail of services of Municipal Engineering Directorate etc

S.379 Corporation to participate in training and research programmes of Institute of Local Government and Urban Studies

S.380 Financial and technical help to Corporation by Hill Council in hill areas

S.381 Appointment of officer of State Government for Corporation to provide support service to Corporation

S.382 Dispute

S.383 Savings as to certain suits and proceedings

S.384 Penalties

S.385 Acquisition of property

S.386 Inventory of property

S.387 Disposal of property

S.388 Entry and inspection

S.389 Police-officers to assist the Corporation, Commissioner, etc

S.390 Removal of difficulty

S.391 Notice etc. to fix time

S.392 Signature on notice etc. to be stamped

S.393 Notice etc. to be served or issued by officer or other employee of Corporation or by person authorised by Commissioner

S.394 Service of notice etc

S.395 Cognizance of offences

S.396 Limitation of time for prosecution

S.397 Admissibility of document or entry as evidence

S.398 Councillors and Commissioner of Corporation to be public servants

S.399 Occupier to carry out work in place of owner

S.400 Prohibition of nuisance

S.401 Power of Commissioner to remove dangerous building etc

S.402 Heritage Conservation Committee

S.403 Cessation of application of West Ben. Act XLI of 1973, West Ben. Act XXII of 1993, West Ben. Act XXX of 1990, West Ben. Act XXXI of 1990, West Ben. Act XXXII of 1990, and West Ben. Act LIII of 1994

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