CALCUTTA MUNICIPAL (AMENDMENT) ACT, 1960

Act No. 04 of 1960

23rd March, 1960

An Act to amend the Calcutta Municipal Act, 1951. Whereas it is expedient to amend the Calcutta Municipal Act, 1951 (West Ben. Act XXXIII of 1951), for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Eleventh Year of the Republic of India, by the Legislature of West Bengal, as follows:-

S.1 Short title

This Act may be called the Calcutta Municipal (Amendment) Act, 1960.

S.2 Amendment of section 251 of West Ben. Act XXXIII of 1951

in section 251 of the Calcutta Municipal Act, 1951 (hereinafter referred to as the said Act),-

• (1) in sub-section (1), for the words "Instead of the Commissioner proceeding against a defaulter under the foregoing provisions of this Chapter, or after a defaulter has been so proceeded against" the words "After a defaulter has been proceeded against under the foregoing provisions of this Chapter" shall be substituted;
• (2) after sub-section (2), the following sub-section shall be added, namely:- "(3) Notwithstanding any decision of any court to the contrary, any proceeding instituted in accordance with the provisions of sections 236 to 250 and pending on the date of commencement of the Calcutta Municipal (Amendment) Act, 1960, may be continued after such commencement and any such proceeding, or any order made, anything done or any action taken therein, shall not, in any manner, be called in question merely on the ground that the Calcutta Municipal (Amendment) Act,
  

S.3 Insertion of new section 578A

After section 578 of the said Act, the following section shall be inserted and shall be deemed always to have been inserted, namely:-

578A. "Territorial jurisdiction of Courts of Small Causes

Notwithstanding anything to the contrary contained in any other law, the Court of Small Causes having jurisdiction in the place, or having local jurisdiction, as the case may be, referred to in sections 183, 337, 570, 571 and 575 shall mean-

• (a) in any place within the local limits of the jurisdiction of the Court of Small Causes of Calcutta, that Court, and
• (b) in any other place, the Court of Small Causes, Sealdah.".

S.4 Repeal and savings

• (1) The Calcutta Municipal (Amendment) Ordinance, 1960 (West Ben. Ord. II of 1960), is hereby repealed.
• (2) Anything done or any action taken under the said Act as amended by the Calcutta Municipal (Amendment) Ordinance, 1960, shall be deemed to have been done or taken under the said Act as amended by this Act, as if this Act had commenced on the 9th day of January, 1960.