The Chandernagore Municipal Act, 1955

West Bengal Act XVIII of 1955

11th June, 1955

An Act to provide for better administration of the municipal affairs of Chandernagore by the establishment of a Municipal Corporation. WHEREAS it is expedient to provide for better administration of the municipal affairs of Chandernagore by the establishment of a Municipal Corporation; It is hereby enacted in the Sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:—

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S.1 Short title, application and commencement

(1) This Act may be called the Chandernagore Municipal Act, 1955.

(2) It applies to Chandernagore.

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

S.2 Definitions

In this Act unless there is anything repugnant in the subject or context,—

• (1) "Administrator of Chandernagore" means the person who immediately before the date of commencement of this Act has been in charge of the municipal affairs of Chandernagore;
• (2) "Chandernagore" means Chandernagore as defined in the Chandernagore (Merger) Act, 1954 and includes any contiguous area which may be added thereto by the State Government by notification in the Official Gazette;
• (3) "the Bengal Act" means the Bengal Municipal Act, 1932 as applied to Chandernagore under section 6 and Schedule I;
• (4) "the Corporation" means the Municipal Corporation of Chandernagore established under section 4;
• (5) "Councillors", "Aldermen", "Mayor", "Deputy Mayor" and "Chief Executive Officer" respectively mean the "Councillors", "Aldermen", "Mayor", "Deputy Mayor" and "Chief Executive Officer" of the Corporation.

S.3 Repeal and savings

All laws relating to matters provided for in this Act read with the Bengal Act and in force in Chandernagore immediately before the date of commencement of this Act shall, on and from that date, stand repealed:

Provided that any budget passed, assessment made, tax, rate, toll or fee assessed or imposed, permission or sanction granted, license or notice issued, plan approved under any of the laws aforesaid shall, in so far as it is in force immediately before that date and is not inconsistent with the provisions of this Act read with the Bengal Act, be deemed to have been respectively passed, made, assessed, imposed, granted, issued or approved under this Act read with the Bengal Act and shall, unless altered, modified, cancelled, suspended or withdrawn, as the case may be, under this Act read with the Bengal Act, remain in force for the period, if any, for which it was so passed, made, assessed, imposed, granted, issued or approved.

S.4 The Corporation

(1) For the purpose of the administration of the municipal affairs of Chandernagore there shall be established from the date of commencement of this Act a Corporation in Chandernagore, and such Corporation shall by the name of the "Municipal Corporation of Chandernagore" be a body corporate and have perpetual succession and a common seal, and shall by the said name, sue and be sued.

(2) The properties mentioned in Schedule II along with all rights therein of whatsoever description used, enjoyed or possessed by the Administrator of Chandernagore immediately before the date of commencement of this Act shall, on and from such date, become vested in the Corporation.

(3) All rights, liabilities and obligations of the Administrator of Chandernagore in relation to any matter provided for in or under this Act shall, in so far as they were subsisting immediately before the date of commencement of this Act, be enforceable by or against the Corporation.

S.5 Constitution of the Corporation

The Corporation shall consist of the following members, namely,—

• (i) twenty-two Councillors to be elected in accordance with the provisions of section 15 of the Bengal Act; and
• (ii) three Aldermen to be elected by the Councillors as provided in section 15 of the Bengal Act.

S.6 Application of Ben. Act XV of 1932 to Chandernagore

(1) Notwithstanding anything contained in any other law for the time being in force, the provisions of the Bengal Municipal Act, 1932 as in force in the State of West Bengal generally immediately before the date of commencement of this Act shall, as from that date, mutatis mutandis apply to and come into force in Chandernagore subject to the modifications and exceptions specified in Schedule I and to the other provisions of this Act:

Provided that a law coming into force in the State of West Bengal generally after the date of commencement of this Act repealing, amending or adding to the provisions of the said Bengal Municipal Act shall apply to and come into force in Chandernagore if so directed by the State Government by notification in the Official Gazette and not otherwise.

(2) A notification applying to and bringing into force in Chandernagore any law under the proviso to sub-section (1) may be issued so as to be retrospective to any date not earlier than the date

S.7 Application of rules under Ben. Act XV of 1932 to Chandernagore

All rules made by the State Government under the Bengal Municipal Act, 1932 and in force in the State of West Bengal generally immediately before the date of commencement of this Act shall, as from such date, mutatis mutandis apply to and come into force in Chandernagore to the extent to which they are not repugnant to the provisions of this Act read with the Bengal Act.

S.8 Interpretation of references

(1) In the Bengal Act and the rules applied to Chandernagore under section 7,—

• (a) references to the Commissioners of a municipality, the Commissioners at a meeting or the Commissioners or words of similar import shall be construed as references to the Corporation, the members of the Corporation or the Chief Executive Officer as the context may require;
• (b) references to the Chairman, the Vice-Chairman and the Executive Officer shall be construed as references to the Mayor, the Deputy Mayor and the Chief Executive Officer respectively;
• (c) references to a municipality shall be construed as references to Chandernagore, as the context may require;
• (d) references to a ward shall be construed as references to a constituency.

(2) If any doubt arises as to the authority or officer to which any particular power, duty or function under the Bengal Act or the rules applied to Chandernagore under section 7 appertains, the Mayor shall refer

S.9 Transitional provisions

(1) Notwithstanding anything elsewhere contained in this Act, until the Corporation is constituted for the first time under this Act read with the Bengal Act the State Government shall appoint an Administrative Officer to exercise the powers, discharge the duties and perform the functions of the Corporation and of the Mayor, the Deputy Mayor, the Chief Executive Officer or any Committee of the Corporation.

(2) The Administrative Officer appointed under sub-section (1) shall cause arrangements to be made for the election of Councillors and Aldermen under section 15 of the Bengal Act so that the Corporation may enter upon its duties under this Act read with the Bengal Act within six months of the date of publication of the Electoral Roll of the Chandernagore Assembly Constituency prepared under the Chandernagore (Merger) Act, 1954 or within six months of the date of commencement of this Act, whichever is later.

(3) The Administrative Officer shall exercise, discharge an

S.10 Removal of difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act or in transition to 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.

(2) An order under sub-section (1) may be made so as to be retrospective to any date not earlier than the date of commencement of this Act.

SCHEDULE I.

In the Bengal Municipal Act, 1932,—

• 1. sub-section (3) of section 1 shall be omitted;
• 2. section 2 shall be omitted;
• 3. in section 3,—
  • (i) clause (34) shall be omitted;
  • (ii) after clause (58), the following clause shall be added, namely:—
    "(59) expressions used in this Act and not otherwise defined have the same meaning as in the Chandernagore Municipal Act, 1955.";
    
• 4. sections 6 to 14 shall be omitted;
• 5. for section 15 the following section shall be substituted, namely:—
  "15. (1) The Councillors shall be elected by such constituencies as may be determined from time to time by the State Government by notification in that behalf and in the prescribed manner.
  (2) The Aldermen shall be elected by the Councillors at a meeting to be called by the Chief Executive Officer within such period after the publication of the result of the general ele
  
  
  

SCHEDULE II.

Serial No.	Nature of properties	Cadastral Plot Nos.	Area (H. A. C.)	Location of properties	Use of properties
1.	Land with its surroundings	3483	0 7 86	On the Municipal Road	Municipal office Building.
2.	One plot of land	3482 & 3484	0 7 95	On the west of the municipal office yard	Municipal office yard.
3.	One plot of land	3415	0 11 72	General Martin Road to the West of the Priest House land	Play ground within the compound of Kanailal Bidyamandir.
4.	One plot of land	140	1 35 88	Old Fort land	Playing ground.
5.	One plot of land	426	13 kt. 15 ch. 11 kch.	On the West of the ditch of Laldighi	Children's Park.<