West Bengal Municipal Act, 1993
Act 22 of 1993
- Published on 17 April 2018
- Commenced on 17 April 2018
- [This is the version of this document from 17 April 2018.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – CHAPTER I
Preliminary1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context.Part II – Municipal Areas
Chapter II
The Constitution of Municipal Areas
3. Declaration of intention to constitute a municipal area.
- Whenever it appears to the [Governor] [Substituted by the West Bengal Act 30 of 1994, w.e.f. 13.71994, for 'State Government''.] that any town, together with, or exclusive of, any railway station, village, land or building in the vicinity of any such town -4. Publication of declaration.
5. Consideration of objection.
- Any inhabitant of the town or local area in respect of which the notification has been published under section 4 may, if he objects to anything contained in the notification, submit his objection in writing to the State Government within [thirty days] [Substituted 'three months' by Act No. 11 of 2015.] from the date of publication in the Official Gazette, and the State Government shall take his objection into consideration.6. Constitution of municipal area.
- On the expiry of [thirty days] [Substituted 'three months' by Act No. 11 of 2015.] from the date of publication of the notification in the Official Gazette and after consideration of all or any of the objections which may be submitted, the[Governor] [Substituted by the West Bengal Act 30 of 1994, w.e.f. 13,7.1994, for 'State Government'.] may, by notification, constitute such town or any specified part thereof a municipal area [with a specific nomenclature] [Inserted by s. 4(a) of the West Bengal Act 8 of 2013 w.e.f. 15.5.2013.] under this Act.[Provided that the Governor may change the nomenclature of a municipal area under this sectionProvided further that for change of nomenclature of a municipal area the provisions of section 4 and section 5 shall mutatis mutandis be followed.] [Proviso added by s. 4(b), West Bengal Act 8 of 2013 w.e,f. 15.5.2013.]7. Power to classify municipal areas.
- The State Government may, for the purpose of application of the provisions of this Act, classify the municipal areas into the following groups on the basis of the population as ascertained at the last preceding census of which the relevant figures have been published :Group A - municipal areas having population above [2,15,000] [Substituted by section 4 of the West Bengal Municipal (Amendment) Act, 2002 (West Bengal Act 16 of 2002), w.e.f, 15.9.2004 for '2,00,000'.].Group B - municipal areas having population above [1,70,000] [Substituted by West Bengal Act 16 of 2002 w.e.f. 15.9.2004 for '1,50,000'.] but not exceeding [2,15,000] [Substituted by West Bengal Act 16 of 2002 w.e.f. 15.9.2004 for '2,00,000'.].Group C - municipal areas having population above [85,000] [ Substituted by West Bengal Act 16 of 2002 w.e.f. 15.9.2004 for '75,000'.] but not exceeding [1,70,000] [Substituted by West Bengal Act 16 of 2002 w.e.f. 15.9.2004 for '1,50,000'.].Group D - municipal areas having population above [35,000] [Substituted by West Bengal Act 16 of 2002 w.e.f. 15.9.2004 for '25,000'.] but not exceeding [85,000] [Substituted by West Bengal Act 16 of 2002 w.e.f. 15.9.2004 for '75,000'.].Group E - municipal areas having population not exceeding [35,000] [Substituted by West Bengal Act 16 of 2002 w.e.f. 15.9.2004 for '25,000'.][Provided that for the purpose of classification of municipal areas of the hill areas, the State Government may, by notification, determine separate size of population for each such Group.] [Proviso added by the West Bengal Act X111 of 1995, w.e.f. 5.9.1995.]8. [Power to determine the number of wards in municipal areas] [Substituted by, the West Bengal Act 30 of 1994, w.e.f. 13.7.1994, for 'Power to divide municipal areas into wards'.].
- The State Government may, by notification [determine the number of wards in any municipal area] [Substituted by /bid, w.e.f. 131.1994, for 'divide any municipal area into a number of wards',], having regard to population, dwelling pattern, geographical condition and economic considerations of the area included in each ward :Provided that the number of wards in any municipal area shall not be less than nine and shall not exceed, in the case of a municipal area included in Group A, thirty-five, in the case of a municipal area included in Group B, thirty, in the case of a municipal area included in Group C, twenty-five, in the case of a municipal area included in Group D, twenty, and in the case of a municipal area included in Group E, fifteen :[Provided further that the State Government may, by notification, determine the number of wards in the municipal area of a Municipality in such phases as the Government may deem fit.] [Inserted by the West Bengal Act XLV of 1994, w.e.f. 10.10.1994.]9. Power to abolish or alter limits of a municipal area.
- The State Government may, by notification, -10. Power to include certain dwelling house, manufactory, etc. within a particular municipal area.
- Where a dwelling-house, manufactory, warehouse, or place of industry or business is situated within the limits of two or more adjacent municipal areas, the State Government may, notwithstanding anything contained in this Act, by notification, declare within which of these municipal areas such dwelling-house, manufactory, warehouse, or place of industry or business shall be deemed to be included for the purposes of this Act.11. Power to exempt municipal area from operation of any provisions of the Act unsuited thereto.
Chapter III
Municipal Authorities
12. Municipal authorities.
- The municipal authorities charged with the responsibility of carrying out the provisions of this Act .shall, for each municipal area, be as follows :13. The Municipality.
-[(1) The Municipality established for a town shall mean the Board of Councilors charged with the authority of municipal government of the town, and shall consist of -(a)such number of elected members as there are wards within the municipal area, and(b)persons having special knowledge or experience in municipal administration as may be nominated by the State Government from time to time, provided that such persons shall not have the right to vote in the meetings of the Municipality.]14. Constitution of Board of Councilors.
-[(1) The Councilors elected in general election or a by-election of a Municipality and the members nominated by the State Government under clause (b) of sub-section (1) of section 13 shall constitute the Board of Councilors.] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995, for- '(1) The Councilors elected in a general election or a by-election of a Municipality shall constitute the Board of Councilors]15. Chairman-in-Council.
-[(1) There shall be Chairman-in-Council consisting of the Chairman, Vice-Chairman and other members not exceeding, in the case of a municipal area included in Group A, five, in the case of a municipal area included in Group B, four, in the case of a municipal area included in Group C, three :Provided that in respect of the municipal areas included in Group D and Group E, all the powers and functions vested with the Chairman-in-Council under this Act or under any other law, for the time being in force, shall be examined or performed, as the case may be, by the Chairman of the concerned Municipality.] [Substituted by section 6 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002, old section read as : '(1) There shall be Chairman-in-Council consisting of the Chairman, the Vice-Chairman and other members not exceeding, in the case of municipal area included in Group A, five, in the case of a municipal area included in Group B, four, in the case of a municipal area included in Group C, three, in the case of a municipal area included in Group D, two, and in the case of a municipal area included in Group E, one.'.]| Prior to substitution section 16 read as;16. Chairman.- (1) The Chairman shall be the executive head of the Municipality, and the municipal administration shall be under his control.(2) The Chairman shall allocate the business among the members of the Chairman-in-Council.(3) The Chairman shall preside over the meetings of the Chairman-in-Council as well as the Board of Councilors.(4) The Chairman may transact any business or make any order authorized by any law for the time being in force, unless it is otherwise expressly provided in such law :Provided that the Chairman shall not act in opposition to or in contravention of any decision of the Board of Councilors. |
17. Election of Chairman.
18. Terms of office of Chairman.
19. Vice-Chairman.
19A. [ Making over of charge by the Chairman. [Inserted by West Bengal Act 22 of 2000, w.e.f. 1.9.2000.]
20. Members of Chairman-in-Council.
- The members of the Chairman-in-Council shall exercise such powers and perform such functions as may be assigned to them from time to time by the Chairman.[20A. Delegation of powers and functions. - (1) The Board of Councilors may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Chairman-in-Council or the Chairman.21. Term of office of Vice-Chairman and other members of Chairman-in-Council.
-The Vice-Chairman or any other member of the Chairman-in-Council shall hold office until-(a)he ceases to be a Councilor, or(b)he resigns his office by writing under his hand addressed to the Chairman in which case the resignation shall take effect from the date of its acceptance, or(c)he is removed from office by a written order of the Chairman, or(d)[ a newly elected Chairman enters upon his office in the case of any casual vacancy in the office of the Chairman caused by death, resignation, removal or otherwise.] [Clause (d) substituted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000, for 'the Chairman ceases to hold office, or'.](e)[ * **] [[Clause (e) omitted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000, which stood as follows :'(e) in the case of the death of the Chairman, a newly elected Chairman enters upon his office.'.]][21A. Terms of office of Councilor. - A Councilor shall hold office for a period of five years from the date of the first meeting of the Board of Councilors under section 50B or for the period for which the new Board of Councilors referred to in the first proviso to sub-section (4) of section 431 shall continue thereunder or for the period for which a member chosen to fill a casual vacancy shall be chosen to serve under sub-section (2) of section 83 of the West Bengal Municipal Election Act, 1994, unless -(a)the Board of Councilors is dissolved earlier, or(b)he resigns his office by writing under his hand addressed to the Chairman and the resignation is accepted by the Board of Councilors at a meeting in which case the resignation shall take effect from the date of its acceptance, or(c)[ * * ] his election is void under sub-section (1) of section 31 of the West Bengal Municipal Elections Act, 1994, or(d)[ * * ] [The word'if' omitted by the W.B.Act 32 of 1997, w.e.f. 18.3.1998.] the entire area of the ward from which he has been elected is withdrawn from the operation of this Act under clause (a) of section 9, or is included in an existing Gram Panchayat, or is constituted one or more Gram Panchayats, under sub-section (1) of section 6A of the West Bengal Panchayat Act, 1973, (West Bengal Act XLI of 1973), [or is constituted a Municipal Arts, a Notified Area or an Industrial Township] [Inserted by section 6 of the W.B. Municipal (Amendment) Act, 2006, (West Bengal Act XX1I of 2006), w.e.f. 1.10.2006.](e)[ he is declared under section 21B to be disqualified for being a Councilor.] [Inserted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998.][21B. Disqualification for being a Councilor on change of political party by the Councilor. - (1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, such competent authority for a Municipality as may be appointed by the State Government by notification in this behalf (hereinafter referred to in this section as the competent authority), may. subject to the other provisions of this section, declare, for reasons to be recorded in writing, a Councilor of such Municipality to be disqualified for being a Councilor thereof, if -(a)he is an elected Councilor set up by a recognized political party and has -(i)voluntarily given up his membership of such recognized political party, or(iA)[ joined another recognized political party, or](ii)exercised the voting right contrary to the manner of voting of the majority of the Councilors who are the members of such recognized political party in such Municipality, or(b)he is an elected Councilor [not] [Inserted by the W.B. Municipal (Amendment) Act, 2000 (West Bengal Act 22 of 2000), w.e.f. 1.9.2000.] set up by a recognized political party and he has joined a recognized political party on the expiry of six months from the date of electionProvided that the competent authority shall not declare any Councilor to be disqualified under this section without giving to such Councilor a reasonable opportunity to represent his case and to be heard in person :Provided further that an elected Councilor referred to in [sub-clause (iA), or] [Inserted by ibid. w.e.f. 1 9.2000.] sub-clause (ii), of clause (a) shall not, on the competent authority being satisfied in this behalf, be declared to be disqualified, if -(a)the action of such Councilor was taken on obtaining prior permission of, or was condoned by, such recognized political party, or(b)such Councilor claims that he and any other Councilors, who are the members, of such recognized political party, constitute in the Municipality a group representing a faction consisting of not less than one-third of the total number of Councilors set up by such recognized political party in the Municipality and that all the Councilors constituting such group have voluntarily given up their membership of such recognized political party, or(c)the former recognized political party of the Councilor merges with another recognized political party, and he claims that he and the other members of his former recognized political party-(i)have become members of such other recognized political party or of a new recognized political party formed out of merger, as the case may be, or(ii)have not accepted the merger, and from the time of such merger, he and such other Councilors constituting not less than one-third of the total number of Councilors set up by the former recognized political party in the Municipality. have opted to remain members of the former recognized political party or have formed a new recognized political party.| Prior to substitution the Section read as;22. Wards Committee.- (1) There shall be constituted Wards Committees, consisting of one or more wards within the territorial area of a Municipality having a population of three lakhs or more.(2) The composition and the territorial area of a Wards Committee, and the manner in which the seats in a Wards Committee shall be filled, shall be such as may be prescribed.(3) Where a Wards Committee consists of-(a) one ward, the member representing that ward in the Municipality; or(b) two or more wards, one of the members representing such wards in the Municipality elected by members of the Wards Committee, shall be the Chairperson of that Committee.'."> |
| Prior to substitution the Section 23 read as;23. Borough Committee.- (1) There may be Borough Committees constituted in a Municipal area accordance with such rules as may be made by the State Government in this behalf.(2) The Borough Committees shall perform such functions and transact such business in such manner as may be prescribed.""> |
23B. Powers, functions, and duties of Standing Committee.
23C. Heritage Conservation Committee.
24. Formation of Special Committee.
25. Constitution of Joint Committee.
25B. Poverty Alleviation Cell.
Chapter IV
Election of Councilors
26. Holding of general election.
27. Reservation of seats for Scheduled Castes, Scheduled Tribes and Women. [ * * * ] [Section 27 omitted by the W B Act 30 of 1994, w.e.f. 13.7.1994]
| Prior to Omission the Section 27 read as;27. Reservation of seats for Scheduled Castes, Scheduled Tribes and Women.- (1) Seats shall be reserved for the Scheduled Castes and Scheduled Tribes in every Municipality, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to that Municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area, as the case may be, bears to the total population of that municipal area and such seats may be allotted by rotation to different constituencies of that municipality.(2) Not less than one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.(3) Not less than one-third of the total number of seats, including the seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes, to be filled by direct election to a Municipality shall be reserved for women, and such seats may be allotted by rotation to different constituencies of that Municipality.(4) The office of Chairpersons of a Municipality shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as may be notified by the State Government from time to time.(5) The reservation of seats for the Scheduled Castes and the Scheduled Tribes under sub-sections (1) and (2) and the reservation of the office of Chairpersons for the Scheduled Castes and the Scheduled Tribes under sub-section (4) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India. |
| Prior to substitution the Section 28 read as;28. Elections to the Municipalities.- (1) Notwithstanding anything contained in this Act, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the municipalities shall be vested in the State Election Commission constituted by the State Government by law made by the State Legislature in this behalf.(2) The State Election Commission shall perform its functions in accordance with such rules as the State Government may make from time to time. |
| 29. Electoral roll for a municipal area.- (1) For every municipal area, there shall be an electoral roll showing the names of persons qualified to vote.(2) The electoral roll for every municipal area shall be divided into several parts, one for each ward of a municipal area.(3) The electoral roll for a municipal area shall be prepared, revised or corrected by the State Election Commission in accordance with such rules as may be made by the State Government in this behalf :Provided that there shall be a preliminary publication of such electoral roll after preparation or revision to be followed by final publication after hearing of objections in the manner prescribed.(4) Notwithstanding anything contained elsewhere in this Act, the electoral roll for the time being in force for the election of members of the West Bengal Legislative Assembly, so far as it relates to the area comprised in a municipal area, may be adopted as the electoral roll for that municipal area for the purposes of preliminary publication.30. Condition for registration as a voter.- (1) Every person, who-(a) is not less than 18 years of age on the qualifying date, and(b) is ordinarily resident in a municipal area, shall be entitled to be registered in the electoral roll for that municipal area.(2) No person shall be entitled to be registered in the electoral roll for any municipal area in more than one place.(3) No person shall be entitled to be registered in the electoral roll for any municipal area if his name has already been registered as a voter in the electoral roll of any other municipal area, municipal corporation or panchayat area.Explanation I.-The expression 'qualifying date' shall mean such date as the State Government may by notification specify for the purposes of this Act.Explanation II.-The expression 'ordinarily resident' shall have the same meaning as assigned to it in section 20 of the Representation of the People Act, 1950 (43 of 1950).31. Disqualification for registration in an electoral roll.- The disqualifications for registration in an electoral roll for a municipal area shall be the same as provided in section 16 of the Representation of the People Act, 1950.32. Appeal.- Any person aggrieved by any entry in, or omission from, the electoral roll or by the order or decision of the State Election Commission, may, within fifteen days from the date of final publication of the electoral roll or from the date of the decision or the order of the State Election Commission, as the case may be, appeal to such appellate authority as the State Government may by notification appoint and if, on such appeal, the said appellate authority directs any modification or addition to be made in the electoral roll or the decision or the order of the State Election Commission, the electoral roll shall accordingly be corrected of the decision or the order shall be modified, as the case may be. Such decision on appeal shall be published in the manner provided for final publication of an electoral roll.33. Offences in respect of electoral roll.- (1) Every person who by claiming a qualification, which he knows that he does not possess, to vote at a municipal election or by using a false document or by a false declaration or by any other deceitful means, procures or attempt to procure the improper entry of the name, whether of himself or of any other person, in the electoral roll or the improper omission of any name therefrom, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.(2) Every municipal officer or employee or polling officer who willfully makes or procures or attempts to make or procure any improper entry in the electoral roll or any improper omission therefrom shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.34. Right to vote.- Save as otherwise provided in this Act, every person whose name is included in the electoral roll which is in force after final publication, shall be entitled to vote at an election for the ward where his name is so included :Provided that no person shall vote at an election of Councilors of a municipal area if he-(a) has been adjudged to be of unsound mind, or(b) has voluntarily acquired the citizenship of a foreign State, or(c) has been sentenced by a criminal court for an electoral offence punishable under this Act or has been disqualified under any other law for the time being in force from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification :Provided that the disqualification under this clause may at any time be removed by the State Government if it thinks fit.35. Qualifications for election as a Councilor.- No person whose name is not included in the electoral roll for the election of Councilors of a municipal area, shall be qualified to be elected a Councilor of that municipal area.36. General disqualifications for a Councilor.- (1) A person shall not be eligible for election or appointment as a Councilor if such person-(a) has been adjudged by a competent court to be of unsound mind; or(b) is under twenty-one years of age; or(c) is an undischarged insolvent; or(d) being a discharged insolvent, has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or(e) holds any office of profit under the Municipality; or(f) has, directly or indirectly by himself or by his partner or employer or any employee, any share or interest in any contract or employment with, by, or on behalf of, the Municipality; or(g) is in the service of, or receives remuneration from, the Central or the State Government or the Municipality; or(h) has been elected to, or appointed under, any other Municipality or any Municipal Corporation or any Gram Panchayat or Panchayat Samiti or Zilla Parishad or the Council :Provided that notwithstanding anything contained in clause (f ), no person shall be deemed to be disqualified thereunder by reason only of his having a share or interest in-(i) any lease, sale or purchase of land or any agreement for the same; or(ii) any agreement for the loan of money or any security for the payment of money only; or(iii) any newspaper in which any advertisement relating to the affairs of the Municipality is inserted; or(iv)any incorporated or registered company which contracts with or is employed by, the Municipality.(2) If any person is or has been convicted by a criminal court of an offence, punishable with imprisonment, for a period of not less than two years, such person shall not be eligible for election or appointment as a Councilor for five years from the date of expiration of the sentence.(3) If any question arises as to whether any person or any Councilor has become subject to any of the disqualifications mentioned in sub-section (1) and sub-section (2), the question shall be referred for decision to such authority and in such manner as may be notified by the State Government from time to time.37. Election of intelligible persons and disqualifications subsequently incurred.- (1) Where a person elected to be a Councilor was not eligible for such election on account of any disqualification referred to in section 35 or section 36 or where a person incurs such disqualification subsequent to his election as Councilor, the election of such person shall be void upon the State Government making a declaration to that effect :Provided that no such declaration shall be made if the question of such disqualification was raised in an election petition presented under this Chapter.(2) No act done by a Councilor as aforesaid while remaining in office, shall be invalid on account of his election being declared void subsequently.(3) The casual vacancy arising out of any election being declared void under this section shall be filled up in accordance with the provision of this Act.38. Voting.- The manner of holding elections and of voting shall be such as may be prescribed :Provided that-(i) when a poll is taken at any election of a Councilor, the voting at such election shall be by ballot to be conducted in the manner prescribed, and(ii) no person shall be entitled to give more than one vote to any one candidate.39. Corrupt practices.- A person shall be deemed to have committed an offence of corrupt practice if he commits an act relating to a corrupt practice within the meaning of section 123 of the Representation of the People Act, 1950 (43 to 1950).40. Penal provision for corrupt practices.- Whoever commits an offence of corrupt practice shall be punishable with imprisonment of either description for a term which may extend to one year or with fine or with both.41. Prosecution and appeal.- (1) No Magistrate other than a Judicial Magistrate of the first class shall take cognizance of any offence under this Chapter,-(a) except on the complaint of a person whose name is on the electoral roll;(b) unless such complaint has been made within fourteen days of-(i) the date of declaration of the result of any election to which the offence relates, or(ii) the date on which the offence is alleged to have been committed; and(c) in the case of an offence of corrupt practice, unless the person complaining shall have deposited one hundred rupees :Provided that deposit mentioned in clause (c) shall be refunded to the complainant if the complaint is found to be true or if, for any other reason, the Magistrate or the Court of Sessions so directs,(2) An appeal shall lie to the Court of Sessions from any conviction under this section.42. Orders of disqualification.- Every person convicted of an offence under this Chapter or of an offence punishable under the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952 (West Ben. Act X of 1952), shall be disqualified from voting or from being elected in any election to which this Act applies and from holding the office of the Chairman or the Councilor under this Act for such period, not being less than three years or more than six years from the date of his conviction, as the Court may by order determine.43. Election petition and procedure.- (1) If the validity of any election of a Councilor is called in question by any person qualified to vote at such election, such person may, at any time within ten days immediately after the date of declaration of the result of the election, file a petition before the District Judge of the district within which the election has been or should have been held and shall, at the same time, deposit two hundred rupees in the Court as the security for the cost likely to be incurred :Provided that the validity of such election shall not be called in question in any such petition-(a) on the ground that the name of any person qualified to vote has been omitted from the electoral roll; or(b) on the ground that the name of any person not qualified to vote has been inserted in the electoral roll :Provided further that if only two candidates contested such election, the petitioner may, in addition to calling in question the election of the returned candidate, claim that if the election of the returned candidate is set aside, the other candidate may be declared duly elected.(2) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall apply, as far as may be. in the matter of adjudication of an election petition under sub-section (1).44. Setting aside of election.- If the District Judge, after holding such inquiry as he deems fit in respect of an election petition, is satisfied that-(a) a candidate has committed any corrupt practice within the meaning of this Chapter, or(b) the result of the election has been materially affected by any act or omission in violation of the provisions of this Act or the rules made thereunder, or(c) the result of the election has been vitiated by any offence punishable under the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952,he shall set aside the election of such candidate, if he has been elected, and may, if the election is set aside for any cause which is the result of any act of a candidate or his agent, declare that candidate to be disqualified for the purpose of a fresh election caused by such setting aside :Provided that if the District Judge in setting aside the election holds a candidate guilty of any corrupt practice, he may declare such candidate disqualified for contesting an election to a Municipality for a period not exceeding six years.45. Scrutiny of votes and declaration or confirmation of result.- (1) If the election petition is confined to the question of validity of votes cast or counting, the District Judge shall, after such scrutiny and computation of votes as may be deemed necessary, declare the result.(2) If there be only two candidates contesting the election in dispute and the election petition contains a claim by one of the candidates for declaring him elected, the District Judge may, while deciding upon the election petition. declare such candidate duly elected.(3) If after computation, there be an equality of votes, among two or more candidates, the District Judge shall select one among them by drawing lots.(4) If the District Judge is satisfied that no ground exists for setting aside the election or modifying the results thereof. he shall confirm the election.46. Bar to Jurisdiction of Courts.- Save as provided in this Chapter, no Court shall entertain any application in any form whatsoever for adjudication of any matter relating to election to a Municipality.47. Fresh election when an election is set aside.- If an election is set aside by the District Judge, a date shall forthwith be fixed and necessary steps shall be taken for holding a fresh election for filling up the vacancy, as though it has been a casual vacancy.48. Saving of acts done by a Councilor before his election is set aside.- Where a candidate, who has been elected to be a Councilor, is declared by the District Judge to have not been duly elected, no act done by him by virtue of the office of Councilor before such declaration, shall be invalidated by reason of such declaration.49. Power of State Government to remove disqualifications or modify terms thereof.- Notwithstanding anything contained elsewhere in this Chapter, the State Government may, for reasons to be recorded in writing, remove any disqualification imposed on a candidate from contesting an election to a Municipality if, in its opinion, the offence does, not involve moral turpitude, or may reduce the term of disqualification in any case whatsoever. |
Chapter V
Municipality and the Municipal Establishment
50. Oath of allegiance to be taken by Councilors.
50B. First meeting of the Board of Councilors.
- The first meeting of the Board of Councilors after the general election of Councilors to the Municipality, shall be convened by the District Magistrate or any other Executive Magistrate authorized by the District Magistrate in this behalf for election of the Chairman under sub-section (1) of section 17, within thirty days from the date of publication of the names of elected members in the Official Gazette under section 71 of the West Bengal Municipal Elections Act, 1994 (West Ben. Act XXXIV of 1994). Seven days' notice shall be given for the meeting.51. Meeting of the Board of Councilors.
52. Remuneration and allowances.
- The Councilors of the municipal area including the members of the Chairman-in-Council may receive such remuneration or allowance as may by prescribed :Provided that different rates may be prescribed for different groups of municipalities and for different classes of functionaries in each municipality.[53. Municipal establishments. - (1) Save as otherwise provided in this Act, a Municipality may have the following officers(a)an Executive Officer;(b)a Health Officer;(c)an Engineer;(d)a Finance Officer;(e)a Medical Officer;(f)a Secretary;(g)an Office Superintendent;(h)one or more than one Sub-Assistant Engineer;(i)one or more than one Sanitary Inspector;(j)a Head Clerk;(k)a Head Assistant;(l)an Accountant:(m)a Surveyor;(n)a Drafts man:(o)such other officers as may be designated by the State Government in this behalf :Provided that the State Government may reduce the number of the posts of the officers as aforesaid for any Municipality :Provided further that the State Government may by order re designate any of the posts of the officers as aforesaid in respect of any Municipality] [Substituted by the West Bengal Act XLV of 1994, w.e.f. 10.10.1994]| 53. Municipal establishment.- (1) Save as otherwise provided in this Act, a Municipality may have the following officers :(a) a Municipal Secretary,(b) an Executive Officer;(c) an Engineer and an Architect;(d) a Health Officer;(e) a Finance Officer(f) an Assessor;(g) an Office Superintendent, a Head Clerk and a Head Assistant;(h) an Accountant;(i) a Surveyor;(j) a Sanitary Inspector,(k) a Sub-Assistant Engineer,(l) such other officer as may be designated by the State Government in this behalf :Provided that the State Government may reduce the number of the posts as aforesaid for any group or groups of Municipalities :Provided further that the State Government may by order designate any of the posts as aforesaid in respect of any Municipality or groups of Municipalities.(2) A Municipality shall also have such supporting staff comprising officers and employees as the Board of Councilors may consider necessary :Provided that the State Government may by rules provide for the norms regulating the size of the municipal establishments for each group of Municipalities and the categories or designations of officers and employees of each group of Municipalities. |
54. Cadre of common municipal service, appointments, etc.
-[(1) The State Government may constitute cadres for the State in respect of Executive Officers, Health Officers, Engineers and Finance Officers referred to in sub-section (1) of section 53.55. Municipal Service Commission.
56. Salaries and allowances of officers and employees.
57. Leave and other conditions of service.
- All officers and employees of the Municipality shall be subject to such conditions of service including leave and other benefits or obligations, not specifically provided for in this Act, as may be prescribed.58. Compulsory retirement of municipal officers and other employees.
59. Power to declare essential service in municipalities.
- Notwithstanding anything to the contrary contained in any other law for the time being in force, the Board of Councilors may, with the sanction of the State Government, declare any cadre or class of municipal employees to be in essential service and upon such declaration, no employee of such cadre or class shall withdraw from his duties without the permission of the Chairman and, in no case, without giving prior notice of clear thirty days to the Chairman of his intention so to do.[60. Appointment of officers of State Government for Municipalities. - Notwithstanding anything contained elsewhere in this Act, the State Government may appoint an officer of that Government possessing such qualifications as may be determined by it for a Municipality or group of Municipalities as Executive Officer, Health Officer, Engineer or Finance Officer referred to in sub-section (1) of section 53 or With such designation as the State Government may consider necessary, in such manner, and on such terms and conditions of service, as may be determined by the State Government in this behalf. The expenditure on account of salaries and allowances of any such officer shall be borne by the State Government :Provided that the officer so appointed shall be under the administrative control of the Board of Councilors of the Municipality and may be withdrawn by the State Government suo motu or if a resolution to that effect is passed by the Councilors at a meeting called for this purpose by a majority of the total number of members holding office for the time being and, in the case of a group of Municipalities, if such resolution is so passed by the Councilors of the majority of such group of Municipalities.] [Substituted by the West Bengal Act XLV of 1994, w e.f 10.10.1994]| 60. Enlargement of municipal establishment and recruitment.- (1) Subject to the size of a municipal establishment as determined under section 53, no person shall be appointed by any Municipality without the prior sanction of the State Government, if it means the enlargement of establishment by more than one per cent per year of the total number of sanctioned strength of the officers and employees existing in the year immediately preceding :Provided that the admissible enlargement of sanctioned strength in any year, if not filled up in that year, may be carried forward to the next year, subject to a minimum of one for that ear and a maximum of ten :Provided further that the State Government may prescribe the category or scale of pay of posts towhich no appointment shall be made without the prior sanction of the State Government even though the creation of such posts are within the admissible limit of one per cent as aforesaid.(2) Recruitment to the posts of officers and employees not made through the Municipal Service Commission constituted under this Act, shall be made through the local employment exchange or through any other method as may be decided by the State Government from time to time. |
61. Classification, control and appeal.
62. Appointment of a Pay Review Committee.
- Notwithstanding anything contained elsewhere in this Act, the State Government may, if it considers necessary for the purpose of rationalizing the scale of pay and other terms and conditions of service, including leave and retirement benefits, in respect of all or any category of municipal officers and employees, appoint a Pay Review Committee, and the decision of the State Government upon the recommendations of such committee shall be binding on all.Chapter VI
Powers and Functions
63. Obligatory functions.
- It shall be the obligatory duty of every Municipality to make reasonable and adequate provision for the following matters within the territorial limits of the municipal area and the financial means at its disposal :64. Discretionary functions of the Municipality.
- A Municipality may, at its discretion, provide, either wholly or partly, out of the municipal property and fund, for the following matters within the limits of the municipal area :65. Transfer of functions of State Government.
66. Power to transfer any function of Municipality under the Act to any organization.-
Notwithstanding anything contained in this Act or in any other law for the time being in force, the Municipality may, if it is of opinion that it is necessary so to do in the public interest transfer [by contract or otherwise] [Inserted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000.] with the prior approval of the State Government, any function or functions of the Municipality under this Act to any [individual or] [Inserted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000.] organization, including a Government organization, in such manner, and on such terms and conditions, [as may be determined by the board of Councilors and approved by the State Government :] [Substituted by ibid, w.e.f. 1.9.2000 for 'as may be prescribed'.][Provided that such transfer of function or functions of the Municipality to such organization shall not absolve the Municipality from the responsibility of carrying out the provisions of this Act in relation to the function or functions so transferred.] [Proviso added by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995]Explanation. - "Government organization" shall mean an organization maintained or managed by the State Government.66A. [ Powers of the Municipality to enter into any business or venture. [Inserted by section 18 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002.]
Part III – Finance
Chapter VII
Municipal Fund
67. Municipal Fund.
- There shall be constituted for each Municipality a fund to be called Municipal Fund to be held by the Board of Councilors in trust for the purposes of this Act, and all moneys realized or realizable under this Act and all moneys otherwise received by the Municipality shall be credited thereto.68. Custody of Municipal Fund.
- All moneys received on account of the Municipal Fund shall be paid into a Government treasury or into any bank in the municipal area, and shall be credited to an account to be called the account of the Municipality to which they belong:Provided that the Chairman-in-Council may invest moneys not required for immediate use, either in Government securities or in any other form of security which may be approved by the State Government or in fixed deposit in the State Bank of India or in any nationalized bank or State Co-operative Bank, or in any other form as the State Government may direct.[Explanation -"State Co-operative Bank" shall mean the West Bengal State Co-operative Bank Limited, and shall include any Co-operative Bank affiliated to the West Bengal State Co-operative Bank Limited.] [Added by the West Bengal Act 13 of 1995, w.e.f. 5,9.1995,]69. Application of Municipal Fund.
69A. [ Operation of Bank account. [Inserted by Act No. 11 of 2017, dated 31.3.2017.]
- Subject to 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 section 68 shall be jointly operated by the Executive Officer and the Finance Officer of the Municipality or by such other Officers of the Municipality, as may be prescribed.]70. Exclusive use of fund for a particular purpose.
- Notwithstanding anything contained elsewhere in this Act, the State Government may require a Municipality to earmark a particular portion of the Municipal Fund or a particular grant or a part thereof, or any item of receipt under any head or any percentage thereof, or any shall of tax receivable by the Municipality under any other law for the time being in force or any part thereof, to be utilised exclusively for any specified purpose, and it shall be mandatory on the part of the Municipality to follow the same. The State Government may also formulate separate sets of rules for observance by different groups of Municipalities in this regard.[70A. Constitution of Non-lapsable Basic Services for Urban Poor Fund. - The Municipality shall create a separate fund called "Basic Services for Urban Poor Fund" for delivery of basic service to the urban poor within their respective jurisdiction including the inhabitants of the slum areas.70B. Budgetary process and nature of the fund created under section 70A.
70C. Management of fund under section 70A, and keeping accounts thereof.
71. Financial assistance from the State Government.
72. Loans.
73. Power to in-Air expenditure beyond the limits of a Municipality.
- Notwithstanding anything contained elsewhere in this Chapter, the Board of Councilors may, with approval of the State Government, authorise expenditure to be incurred beyond the limits of municipal area for creation of physical assets outside the limits of such municipal area as well as for maintenance thereof for carrying out the purposes of this Act.73A. [ Approval of State Government in respect of works etc. estimated to cost more than rupees [forty five lakhs] [Substituted by section 4 of the West Bengal Municipal (Amendment) Act 2009 (W. B. Act Ill of 2009), w.e.f. 1.6.2009].
- No expenditure for any work or for purchase of any materials, as may be necessary for the purpose of this Act, shall be made by the Chairman, if the estimated cost of such work or purchase of such materials exceeds rupees [one lakh] [Substituted 'twenty-five thousand' by Act No. 11 of 2017, dated 31.3.2017.], by the Chairman-in-Council, if cost of such work or purchase of such materials exceeds rupees [five lakhs] [Substituted 'one lakh fifty thousand' by Act No. 11 of 2017, dated 31.3.2017.], and by the Board of Councilors if cost of such work or purchase of such materials exceeds rupees [forty five lakhs] [Substituted 'twenty-five lakh' by Act No. 11 of 2017, dated 31.3.2017.] :Provided that where the estimated cost of such work or purchase of such materials exceeds rupees [forty five lakhs] [Substituted 'twenty-five lakh' by Act No. 11 of 2017, dated 31.3.2017.], approval of the State Government shall be obtained.]| Prior to substitution the Section 73A read as;73A. Approval of State Government in respect of work etc. estimated to cost more than rupees five lakh.- No expenditure for any work or for purchase of any material as may be necessary for the purposes of this Act shall be made without the approval of the Board of Councilors at a meeting, if the estimated cost of such work or purchase exceeds rupees five thousand but does not exceed rupees five lakh :Provided that where the estimated. |
Chapter VIII
Municipal Property
74. Power to acquire and hold property.
- The Board of Councilors shall, for the purposes of this Act, have power to acquire, by gift, purchase or otherwise, and hold, movable and immovable property or any interest therein, whether within or outside the limits of the municipal area.75. Vesting of property.
- Notwithstanding anything contained in any other law for the time being in force, the movable and immovable properties of the following categories within the limits of a municipal area shall vest in the Municipality, unless the State Government otherwise directs by a notification in the Official Gazette :76. Acquisition of property by a Municipality by agreement, exchange, lease, grant, etc.
77. Compulsory acquisition of land.
78. [***] [[Omitted by ibid, w.e.f. 13.7.1994, which stood as under :
'78. Power of Chairman to act as Collector for acquisition.- Notwithstanding anything contained in the West Bengal Land (Requisition and Acquisition) Act, 1948, the Chairman may be appointed by the State Government to perform the functions of the Collector under the said Act.'.]]79. Special provisions for acquisition of lands adjoining streets.
- Whenever the Board of Councilors makes a request [to the State Government] [Inserted by ibid, w.e.f. 13.7.1994.] for acquisition of land for the purpose of providing a new street or for widening or improving an existing street, it shall be lawful for the Board of Councilors to apply [to the State Government] [ Inserted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994.] for the acquisition of such additional land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of building to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this Act.80. Disposal of property.
- The property belonging to a Municipality may be disposed of in the manner provided in this section, namely-81. Inventory of properties of the Municipality.
Chapter IX
Budget, Accounts and Audit
82. Annual Budget Estimates of a Municipality.
83. Power to alter budget grants.
84.
[Annual Financial statements.] [Substituted by s. 10(1) of the W.B. Municipal (Amendment) Act, 2006, (West Bengal Act 22 of 2006), w.e.f. 1 10.2006, for ''Annual financial statement'.]-[(1) Within six months of the close of a year, a financial statement for the preceding year in respect of a Municipality shall be prepared in the form and manner prescribed, and presented before a meeting of the Board of Councilors. Financial statement shall consist of a Balance Sheet of the sources and application of funds, Income and Expenditure Account disclosing the surplus (excess of income over expenditure) or deficit (excess of expenditure over income) for the financial year, Receipts and Payments Account (showing the head-wise receipts and payments for the year alongwith balances of cash in hand, cash at bank and cash at treasury) and a Cash Flow Statement (showing the receipts and payments of cash, as per three distinct categories of operating, investing and financing activities). Every such statement shall give a true and correct view of the state of affairs of the Municipality.] [[Substituted by s. 10(2), ibid, w.e.f. 1.10.2006, old section read as :'(1) Within three months of the close of a year, a financial statement for the preceding year in respect of a Municipality shall be prepared in the form and manner presorted, and presented before a meeting of the Board of Councilors.'.]]85. [***] [Section 85 omitted by section 11 of the W.B. Municipal (Amendment) Act, 2006, (West Bengal Act 22 of 2006), w.e.f. 1.10.2006]
| 85. Balance-sheet.- (1) Every Municipality shall cause to be prepared annually a balance-sheet of assets and liabilities in the prescribed form within six months of the close of a year.(2) The balance-sheet shall be placed before a meeting of the Board of Councilors.(3) A copy of the balance-sheet shall be given to the Director of Local Bodies.(4) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, on the prayer of a Municipality, extend the date of preparation and presentation of the balance-sheet of a Municipality for reasons to be recorded in writing. |
86. Appointment and power of the Auditor.
87. Audit report.
88. Chairman-in-Council to remedy the defects upon audit report.
89. Power of the State Government to enforce an order upon audit report.
- If any order made by the State Government under this Chapter is not complied with, it shall be lawful for the State Government to take such step as it thinks fit to secure the compliance of the order and direct that all expenses therefor shall be defrayed from the Municipal Fund.90. Special audit.
- In addition to the audit of annual accounts, the State Government may, if it thinks fit, appoint an Auditor to conduct special audit pertaining to a specified item or series of items requiring thorough examination. and the procedure relating to audit shall also apply mutatis mutandis to such special audit.[90A. Laying of audit report. - The audit reports of the municipalities alongwith the action taken reports [as well as the report of the Comptroller and Auditor General in respect of the Municipalities] [Inserted by s 3 of the W.B. Municipal (Amendment) Act, 2011, (West Bengal Act VI of 2011), w.e.f. 30.8.2011.] for every year shall, as soon as may be after they are received by the State Government, be laid before the State Legislature.]91. Internal audit.
- The State Government may by rules provide for internal audit of the day to day accounts of a Municipality in such manner as it thinks fit.[92. Municipal Accounts Committee. - (1) The Board of Councilors shall, at its first meeting in each year, or in its next meeting, which shall be held within a period of thirty days from the date of its first meeting in that year, constitute a Municipal Accounts Committee.| 92. Municipal Accounts Committee.- (1) The Board of Councilors shall, at its first meeting in each year or in its next meeting which shall be held within a period of thirty days from the date of its first meeting in that year, constitute a Municipal Accounts Committee :Provided that the State Government may, on an application by the Chairman 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 such number of Councilors, not being less than three and not more than seven, as the Municipality may determine, to be elected by the Councilors from amongst themselves:Provided that the Chairman, the Vice-Chairman or any other member of the Chairman-in-Council shall not be a member of the Municipal Accounts Committee.(2A) The Board of Councilors may, from time to time, associate with the Municipal Accounts Committee such persons having special knowledge in public accounts and administration, not being Councilors and not exceeding one-half of the number of Councilors in such Committee, and for such term, as it thinks fit. Such persons shall not have the right to vote at the meeting of the Municipal Accounts Committee.(3) The members of the Municipal Accounts Committee shall elect from amongst themselves one member to be its convenor.(4) The members of the Municipal Accounts Committee shall hold office until a new Committee is constituted.(5) Subject to the provisions of this Act and the rules and the bye-laws made thereunder, it shall be the duty of the Municipal Accounts Committee -(a) to examine the accounts of the Municipality;(b) to examine and scrutinise the report on the accounts of the Municipality by the Auditor appointed under this Chapter:(c) to examine and scrutinise the report of special audit, if any,(d) to examine and scrutinise the report of physical verification of stock, if any;(e) to submit report to the Board of Councilors every year and from time to time on such examination and scrutiny;(f) to discharge such other functions as may be entrusted to it by the Board of Councilors.(6) The Municipal Accounts Committee may call for any book or document and send for such officer of the Municipality as it may consider necessary for explaining any matter in connection with his work.(7) The manner of transaction of business of the Municipal Accounts Committee shall be such as may be determined by it from time to time. |
Part IV – Municipal Taxation and Application Fee
Chapter X
Taxes and Fees
A. Taxes and Fees (other than Application Fee)93. Power to impose taxes.
94. Levy on congregations.
95. Levy of fees, charges, etc.
95B. Levy of special conservancy charge.
| Annual value__________100 | +10 Per Cent of the annual value |
| Annual value__________100 | +20 Per Cent of the annual value |
| Prior to substitution the Section 96 read as;:96. Property tax on lands and buildings.- (1) For the purposes of this Act, a property lax on the annual value of lands and buildings as determined under this Chapter, shall be imposed by the Municipality.(2) Such property tax shall be determined as follows-(a) where the annual value of land 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 |
97. Levy of surcharge.
- A surcharge at such rate not less than 20 per cent and not exceeding 50 per cent of the total amount of the property tax imposed on a holding shall be levied if such holding is used wholly or in part for commercial, industrial or such other non-residential purposes as the Board of Councilors may, from time to time decide and the rate of surcharge shall form part of the property tax for the purpose of recovery.98. Rebate for residential building.
[***] [Section 98 omitted by section 20 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002]| Prior to omission the Section 98 read as;98. Rebate for residential building.- Where a holding is used by the owner exclusively for his own residential purposes, a rebate, not exceeding 20 per cent of the property tax as determined under this Chapter, may be allowed by the Board of Councilors:Provided that the Board of Councilors may cause classification of building according to year of construction for the purpose of granting varying rates of rebate. |
99. Exemption of Diplomatic Missions.
- The State Government may by order exempt any diplomatic or consular mission of a foreign State and the diplomatic and consular officers of such mission from the payment of any rate, tax, toll or fee payable under the provisions of this Act.100. Exemption of Central Government properties.
- Notwithstanding anything contained in this Chapter, lands and buildings, which are the properties of the Union, shall be exempted from the property tax:Provided that nothing in this section shall prevent the Board of Councilors from levying on such lands and buildings a property tax to which, immediately before the commencement of this Act, they were, or were treated as, liable :Provided further that the Board of Councilors may levy a service charge on such buildings on the basis of [the annual value] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995 for 'such annual value and'.] at such rate as may be determined by the Central Government from time to time.[100A. Exemption of properties of ex-servicemen. - Notwithstanding anything contained in the foregoing provisions of this Chapter, the Board of Councilors may, by a resolution, exempt 25 per cent of the property tax in respect of any holding belonging to art 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.] [Inserted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998.]101. Exemption of holdings exclusively used for public worship etc.
- Notwithstanding anything contained in the foregoing provisions of this Chapter,-102. Exemption of holdings exclusively used for public charity or medical relief, or education of the poor, free of charge.
- The Chairman-in-Council may exempt from property tax, either wholly or in part, any holding which is exclusively used with the approval of the Chairman-in-Council for public charity or philanthropic purposes or for the purpose of medical relief to, or education of, the poor free of charge.[102A. Exemption of holdings where closed or sick industries are located. - The State Government may, for reasons to be recorded in writing, by an order, exempt any premises, in which any closed industry or sick industry which is so certified by the Department of Industrial Reconstruction, Government of West Bengal, is located, from payment of property tax.] [Sections 102A and 102B Inserted by section 13 of the W.B. Municipal (Amendment) Act, 2006 (West Bengal Act 22 of 2006), w.e.f. 1.10.2006.]102B. Exemption of holdings used for Information Technology Industry and Information Technology Enabled Services.
102C. [ Exemption of holdings having water bodies. [Inserted by West Bengal Act No. 9 of 2018, dated 17.4.2018.]
- The Board of Councillors may exempt from payment of a portion of the property tax not exceeding ninety per cent of the actual gross amount of property tax on any land which is not built upon and water body in nature, either whole and preserved by the owner in a good manner so as to maintain ecological balance of the locality:Provided that water body in the nature of swimming pool of any type shall be put out of purview of this exemption.]103. Power to reduce rates in case of excessive hardship.
- Whenever from the circumstances of the case, levy of property tax on any holding in a municipal area amounts to excessive hardship to the person liable to pay the same, the Board of Councilors may reduce the amount payable on account of such holding, or may realise the sum by installments:Provided that such reduction or remission shall not, unless renewed by the Board of Councilors, have effect for more than one year.104. Remission on account of vacant building.
- Where any building has remained vacant or unproductive of rent for ninety or more consecutive days, the Board of Councilors may, upon an application in writing from the owner, remit or refund one-half of the amount of tax due for the period of such vacancy.[[105. Exemption of certain holding from property tax. [Section 105 substituted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000]- The Board of Councillors may exempt from property tax-| 105. Exemption of holding of low valuation.- The Board of Councilors may exempt from property tax any holding the annual valuation of which does not exceed two hundred rupees :Provided that where a person owns or occupies more than one holding the aggregate annual value of which exceeds two hundred rupees, such holding shall not be exempted from property tax. |
106. Determination of annual valuation.
107. Determination of annual valuation of holdings exempted from property tax.
108. Unit of Assessment.
109. Periodic assessment.
| Prior to substitution the Section 110 read as;110. Preparation of valuation and assessment list.- (1) The a. Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995, for 'annual'.[general] valuation of holdings under this Chapter shall be made, unless otherwise directed by the State Government, by the Central Valuation Board, established under b. Substituted by section 9 of the West Bengal Valuation Board (Amendment) Act, 2007, w.e.f. 1.10.2007 for 'the West Bengal Central Valuation Board Act, 1978, (West Ben. Act LVII of 1978)'.[the West Bengal Valuation Board Act, 1978] c. Substituted by the West Bengal Act XLV of 1994, w.e.f. 10.10.1994, for 'and the preparation of valuation list including determination of all objections'.[and the preparation of valuation list, amount of property tax determined under section 96 on the basis of such valuation list, and disposal of all d. Substituted by section 9 of the West Bengal Valuation Board (Amendment) Act, 2007, w.e.f. 1.10.2007' for 'applications for review'.[applications for objection] shall abide by the provisions of that Act.e. Inserted by. the West Bengal Act 13 of 1995, w.e.f. 5.9.1995.[(1A) The valuation list prepared under sub-section (1) shall be the assessment list of the Municipality.](2) When the Chairman-in-Council is directed by the State Government to undertake the preparation of `f. Substituted by ibid, w.e.f. 5.9.1995, for 'annual valuation'.[general valuation,] it shall determine the annual value of all holdings within a municipal area in the manner provided in this Chapter and cause publication of the assessment list in the prescribed manner.g. Inserted by the West Bengal Act XLV of 1994, w.e.f. 10.10.1994.[(3) A new valuation list under sub-section (1) or sub section (2) shall, unless otherwise directed by the State Government, be prepared in the same manner in which the original list was prepared, h. Substituted by section 25 of the W.8. Act 16 of 2002, w.e.f. 2.9.2002 for 'once in every six years'.[once in every five years:]Provided that if an existing valuation list is not revised for any unavoidable reason, the validity of operation of such valuation list shall not be called in question until a new valuation list takes effect under this Act. |
| 111. Publication of assessment list and determination of objections. - (1) When an assessment list is prepared or revised under the provisions of sub-section (2) of section 110, the Chairman shall cause the assessment list to be published by public notice of the place where the list may be available for inspection.(2) In all cases in which any property is for the first time assessed or the assessment is increased, the Chairman shall also give a written notice thereof to the owner and the occupier of the property, if known.(3) The assessment list shall take effect from the beginning of the quarter of a year immediately following its publication.(4) Any person, who is dissatisfied with the decision as entered in the assessment list , may prefer an application for review before the Board of Councilors within a period of two months from the date of presentation of bill for payment of tax.(5) No application under sub-section (4) shall be entertained unless the amount representing property tax on the holding comprising land or building, as the case may be, as previously determined (hereinafter referred to in this sub-section as the said amount), has been paid or deposited in the office of the Municipality before such application is filed, and every such application shall fail unless the said amount of property tax is continued to be paid or deposited in the office of the Municipality till such application is finally disposed of. |
112. [***] [Section 112 omitted by section 8 of the West Bengal Municipal (Amendment) Act 2009 w.e.f. 1.6.2009]
| 112. Hearing and determination of application by Review Committee.- (1) Every application presented under sub-section (4) of section 111 shall be heard and 'determined by a Review Committee:Provided that where the Review Committee reduces the valuation of any land or building, such reduction shall not be more than twenty-five per centum of the annual valuation of such land or building except in the case of gross arithmetical or technical mistake, and the Review Committee shall, in every such case, record in writing the reasons for such reduction.](2) Every Review Committee shall be presided by the Chairman or the Vice-Chairman of the Municipality and shall consist of not less than two, but not more than four, Councilors appointed by the Board of Councilors at a meeting :Provided that no Councilor of the ward from which the application is made shall be a member of the Review Committee;Provided further that no decision of the Review Committee shall be invalid or called in question merely by reason of any vacancy in the composition of the Committee or absence of any member, other than the presiding officer, from a meeting thereof.(3) The Review Committee shall give notice to the applicant of the time and place at which his application will be heard and the committee shall dispose of an application in such manner as may be prescribed:Provided that in case of equality of votes, the person presiding shall have a second or casting vote:Provided further that when the Board of Councilors is dissolved, the State Government shall appoint by notification a [Review Committee] consisting of such number of member or members as may be specified in the notification for the purpose of hearing applications for review presented under sub-section (4) of section 111:Provided also that the member or members as aforesaid shall be appointed by the State Government from among the persons residing in the wards, other than the wards to which the matter relates, and the [Review Committee] shall pass such orders in each case as it thinks fit and the order of the [Review Committee] shall be final.(4) The decisions of the Review Committee shall be final and no suit or proceeding shall lie in any civil court in respect of any matter which has been, or may be, referred to the Review Committee or has been decided by the Review Committee. |
113. Amendment and alteration of assessment list.
114. Addition to the assessment list.
115. Submission of returns and inspection of holdings for the purpose of assessment.
116. Notice of transfer.
| Prior to substitution the Section 117 read as;117. Certificate of approval for transfer of land or building.- (1) Notwithstanding anything contained in section 115, no deed of transfer of any land or building in respect of which a layout plan is required to be approved by the Chairman-in-Council prior to registration under section 193, or of any land curved out of an existing holding, shall be registered under the Registration Act, 1908 (16 of 1908), unless a certificate of approval to the proposed transfer has been issued by the Chairman in this regard.(2) The registering authority shall not proceed for registration without sending a copy of the deed of transfer to the Chairman.(3) If the Chairman communicates his refusal to issue a certificate of approval, a deed of transfer shall not be registered :Provided that if no such communication is received within a period of thirty days from the date of sending the copy of the deed of transfer, the registering authority, may proceed with registration."> |
Chapter XI
Application fee and other taxes
A. Professions, trades and callings118. [ Certificate for enlistment of profession, trade and callings. [Substituted by Act No. 18 of 2015, dated 24.7.2015.]
| 118. Certificate of enlistment for profession, trade and calling.- Every person engaged or intending to be engaged in any profession, trade or calling in a municipal area as specified in Schedule I, either by himself or by an agent or representative, shall obtain a certificate of enlistment or get the same renewed annually, as the case may be, from the Executive Officer of the Municipality or, in his absence, from the officer authorized to function as the Executive Officer upon presentation of an application together with such application fee,[not exceeding rupees one thousand and five hundred] [Substituted by section 8 of the West Bengal Municipal (Amendment) Act 13 of 2003, w.e.f. 1.10.2003 for 'not exceeding rupees five hundred', which was originally Substituted by the West Bengal Act 32 of 1997; w.e.f. 18.3.1998 for 'not exceeding rupees ten'.], as may be determined by the Board of Councilors[by regulations :] [Substituted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000 for 'at a meeting'.]Provided that such enlistment or renewal thereof shall not absolve such person from any liability to take out any licence under this Act or any other law for the time being in force. |
119. Grant of certificate of enlistment.
- The Executive Officer or, in his absence, the officer authorized to function as the Executive Officer shall, after making such enquiry as may be necessary and within thirty days of the receipt of the application under section 118, grant him a certificate of enlistment if the application is in order, or shall reject the application if it is not in order.120. Certificate of enlistment to be obtained within six months of coming into force of the Act.
121. Prohibition of advertisement without written permission of Chairman.
122. Licence for use of site for the purpose of advertisement.
123. Tax on advertisements.
| (a) in the case of posters.(b)in the case ofnon-illuminated advertisements,(c) in the case of illuminatedadvertisements, | rupee one per square metre per month;rupees one hundredper square metre per year;rupees two hundred per square metreper year; |
| (d) in the case of others, the rate which the State Governmentmay determine from time to time; |
124. Presumption in case of contravention.
- Where any advertisement has been erected exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post, kiosk or structure or displayed to public view from a public street or public place in contravention of the provisions of this Act or the regulations made thereunder, it shall be presumed, unless the contrary is proved, that the contravention has been committed by the person or persons on whose behalf the advertisement purports to be or the agent or agents of such person or persons.125. Power of Chairman in case of contravention.
- If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or the regulations made thereunder, the Chairman may require the owner or the occupier of the land, building, wall, hoarding, frame, post, kiosk or structure upon or over which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building or property and cause the advertisement to be dismantled, taken down, removed. spoiled, defaced or screened.Explanation I-The word "structure" in this Chapter includes any movable board on wheels used as an advertisement or advertisement medium.Explanation II-The word "advertisement", in relation to a tax on advertisement under this Act, shall mean any word, letter, model, sign, sky-sign, placard, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or in part for the purposes of, advertisement, announcement or direction.126. Fine for not paying tax on advertisements.
- If any person erects, exhibits, fixes or retains any advertisement referred to in this Chapter without paying the tax due, he shall be punished with fine to be imposed by the Chairman-in-Council which-127. Registration and numbering of carts and carriages.
128. Tax for registration.
- The tax payable for registration for every cart or carriage shall be such as the State Government may fix for carts and carriages of different types;Provided that such tax shall not exceed rupees two hundred per annum, if the registration has effect for one year, or rupees one hundred for half year, if the registration has effect for half year.129. Carts or carriages not to be kept without being registered and without number.
- No person shall keep, or be in possession of, cart or carnage not duly registered under this Act, nor shall any person, being the owner or the driver of any cart or carriage, fail to affix thereto the registration number under this Act.130. Seizure and sale of unregistered carts or carriages.
131. Incidental provisions relating to carts and carriages.
- The State Government may by notification make rules on the following matters for the purposes of carrying out the provisions of this Chapter :-(1) mode of registration and numbering of carts and carriages;| 132. Ferries may be declared to be municipal ferries.- The Board of Councilors may, with the sanction of the State Government, declare that any ferry, not being vested in any other local authority written or adjacent to the limits of a municipal area, is a municipal ferry, and the profits derivable therefrom shall, upon such declaration, be credited to the Municipal Fund :Provided that due compensation shall be made by the Board of Councilors to any person for the loss which he may have sustained in consequence of such ferry being declared to be a municipal ferry :Provided further that the amount of compensation due in such case shall be ascertained and awarded by the Executive Magistrate under section 17 of the Bengal Ferries Act, 1885 (Bengal Act 1 of 1885), or any other law for the time being in force. |
133. Duties of Chairman-in-Council in regard to municipal ferries.
- Every municipal ferry shall be maintained by the Chairman-in-Council. The Chairman-in-Council shall do all things necessary to provide for the safety and convenience of travellers and the safety of property to be conveyed on such ferry.134. Rate of tolls to be established and published.
- When it has been determined to impose tolls on municipal ferries, the Chairman-in-Council shall, from time to time, make and publish an order specifying the ferries and, with the sanction of the State Government, the rates at which such toll shall be levied, and shall cause a copy of such order to be permanently affixed on some conspicuous place at the ferry ghat.135. Keeping of unauthorized ferry-boat.
- No person shall keep a ferry-boat, whether or not plying for hire, within a distance of two miles above or below any municipal ferry without the previous sanction -136. When persons crossing river not liable to toll.
- No person shall be liable to pay any toll for crossing any river or stream at or near a municipal ferry, if he crosses the river or stream in a boat or other appliance which is kept for the personal or non-commercial use of such person:Provided that he shall be liable for payment of such charges as may be fixed by the Municipality for use of jetty, ghat. stairs, or any other facility provided by the Municipality.137. Cancellation of ferry lease etc.
- Every lease of a ferry given by the Board of Councilors as hereinafter provided shall be liable to be cancelled at once, if it appears to the Board of Councilors that the lessee has failed to make due provision for the safety or convenience of travellers or the safety of property to be conveyed on the ferry, within fifteen days after being required to do so by a notice in writing from the Board of Councilors. On cancellation of the lease, the Chairman-in-Council may take possession of all boats and other appliances which have been used by the lessee in the working of the ferry and deal with the same in the manner prescribed.138. Ferries concerning more than one Municipality etc.
- Notwithstanding anything contained in this Chapter [whenever matters relate to] [Substituted West Bengal Act 22 of 2000, w.e.f. 1.9.2000, for 'whenever matters relating to ferries concern more than one Municipality or'.] a municipal ferry and a public, or private ferry, such matters shall be governed by the provisions of the Bengal Ferries Act, 1885 (Ben. Act 1 of 1885), and the rules made thereunder.139. Power of Board of Councilors to establish toll-bars.
-The Board of Councilors, with the sanction of the State Government, may establish a toll-bar and levy tolls on any bridge or at any place within a municipal area adjacent to any bridge at which tolls may conveniently be levied on vehicles, carriages, carts and animals passing over such bridge; and the profits derivable therefrom shall be credited to the Municipal Fund:Provided that no such toll-bar shall be established or tolls levied, otherwise than for the purpose of recovering the expenses incurred in constructing such bridge and in maintaining such bridge in repair for five years next after the construction thereof together with interest on such expenses.140. Existing toll-bars.
- The State Government may, with the consent of the Board of Councilors, make over to the Board of Councilors any existing toll-bar on a bridge within the limits of a municipal area to be administered by the Board of Councilors until the State Government otherwise directs. Every such toll-bar, while so administered. shall be deemed to be a municipal toll-bar, and the profits derivable therefrom or such parts thereof as shall be agreed upon between the State Government and the Board of Councilors shall be credited to the Municipal Fund.141. Prohibition of taking unauthorized tolls.
- No person authorized under this Act to collect tolls shall demand or take any tolls higher than the tolls fixed under this Act.142. Seizure and sale consequent on non-payment of toll.
143. [Prohibition as to the refusal to pay, or the avoidance of payment of, toll.] [Substituted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994 for 'Penalty for refusing to pay or avoiding payment of toll'.]
- No person taking through a toll-gate any vehicle, carriage, cart or animal (not exempted from toll) shall refuse to pay the toll, nor shall any person fraudulently avoid taking through a toll-gate any such vehicle, carriage, cart of animal with intent to evade payment of the toll.144. Exemptions.
145. Board of Councilors to collect tolls in a navigable channel.
146. Police-officers to assist.
- In any case of resistance to the person authorized to collect tolls or exercise the power to cause seizure and sale, the police-officers shall assist such person when required by him, and, for such purpose, shall have the same powers as they have to exercise their ordinary police duties.Chapter XII
Recovery of taxes
147. Manner of recovery of taxes under the Act.
- 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 :148. Incidence of property tax.
149. Presentation of bill.
- [(1) When a property tax becomes due on any land or building, the Chairman shall cause to be presented or sent through computer network or in such manner as may be determined by Municipality to the owner or occupier thereof a bill or a summary of the bill for the amount due.Explanation. - (a) A bill shall be deemed to be presented under this section, if it is sent under speed Post or through Courier Services to the person liable for payment of the amount included in the bill and in such case, the date of dispatch shall be deemed to be the date of the presentation of the bill to such person;(b)A bill or a summary of a bill shall be deemed to have been sent through Computer network in the form of Electronic Mail (e-Mail) or Short Message Service (SMS) under this section, if it is sent using the Computer resources of the municipality to the person liable for payment of the amount included in the bill or summary of the Bill and in such case the date of sending the bill or summary of bill through Electronic Mail (e-mail) or Short Message Service (SMS) through the Computer network shall be deemed to be the date of presentation of the Bill or summary of the Bill to such person.]| Prior to substitution by the West Bengal Act XLV of 1994 the Section 150 read as;150. Time and manner of payment of taxes.- Save as otherwise provided in this Act, any tax levied under this Act shall be payable on such date, in such number of installments, and in such manner. as may be prescribed.(2) If any amount due is paid on or before the date determined under sub-section (1), such rebate, not exceeding ten per cent of such amount as may be determined by the Board of Councilors, shall be allowed. |
151. Notice of demand and notice fee.
152. Recovery of tax.
153. Distress.
154. Disposal of distrained property.
155. Attachment and sale of immovable property.
156. Fee for distraint and attachment.
- For every distrain and attachment made in accordance with the foregoing provisions of this Chapter, a fee of such amount, not exceeding two and a half per cent of the amount of the tax due, as shall, in each case, be fixed by the Chairman shall be charged and included in the costs of recovery.157. Recovery from a person about to leave jurisdiction of Municipality.
158. Sale of movable property situate beyond limits of municipal area.
- If the Chairman is unable to recover any sum due upon distraint, the Judicial Magistrate having jurisdiction may, on the application of the Chairman, issue an warrant to any officer of the Court for the distress and sale of any movable property or effects belonging to the defaulter within any other part of the jurisdiction of the Judicial Magistrate or forward the warrant for the distress and sale of any movable property belonging to the defaulter within the jurisdiction of any other Judicial Magistrate exercising jurisdiction within West Bengal, and such other Judicial Magistrate shall endorse the warrant so issued, and cause it to be executed and the amount, if recovered, to be remitted to the Judicial Magistrate issuing the warrant who shall remit the same to the Chairman.159. Recovery under Ben. Act III of 1913.
- After a defaulter has been proceeded against unsuccessfully under the foregoing provisions of this Chapter or with partial success, any sum due or the balance of any sum due may be recovered by the Chairman as a public demand under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913), together with interest and cost of recovery.160. Distraint not unlawful for want of form.
- No distress under this Act shall be deemed to be unlawful nor shall any person making the same be deemed to be a trespasser on account of-161. Occupiers to pay rent towards satisfaction of property tax.
162. Recovery of tax from unauthorized occupier of land or building.
163. Recovery of property tax on land or building or any other tax or charge in the case of unknown owner of land or premises or disputed ownership.
164. Taxes not invalid for defect of form.
165. Writing off irrecoverable dues.
- The Board of Councilors may by order strike off the books of the Municipality any sum due on account of the property tax or any other tax or on any other account, which may appear to it to be irrecoverable and shall, within one month thereof, communicate it to the State Government.Part V – Regulatory Jurisdiction
Chapter XIII
Streets and public places
166. Power to classify public and private street.
- The Board of Councilors may classify public or private street into arterial road, connecting road, passage, pathway, lane and by-lane and specify the width of each class in accordance with such rules as may be made in this behalf.167. Vesting of public streets, parking terminals, squares, parks and gardens in the Municipality.
168. Power to the Municipality in respect of control of public streets, etc.
169. Rights of way for underground utilities.
- Subject to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), the Indian Electricity Act, 1910 (9 of 1910) and such other Act as may be notified by the State Government for the purposes of this section, the State Government may by rules provide old section read as :170. Power to maintain maps of underground utilities.
- The Chairman shall cause to be maintained complete survey maps, drawings, and descriptions of all the underground utilities within the municipal area, in such form and in such manner as may be prescribed, and shall ensure the secrecy of the same in conformity with provisions of the Official Secrets Act, 1923 (19 of 1923).171. Power to acquire lands and buildings for public streets, public parking places and transportation terminals.
172. Power to prescribe building line and street alignment.
173. Restrictions on erection of, or addition to, buildings or walls within street alignment or building-line.
174. Power to take possession of, and add to street, land situated within street alignment or covered by projecting buildings.
175. Power of setting back building to regular line of street.
176. Power of compulsory setting back of building to regular line of street.
- Where any building or any part thereof is within the regular line of a public street and, in the opinion of the Board of Councilors, it is necessary to set back such building or part thereof to the regular line of such street in pursuance of any development plan, it may, by a notice served on the owner of such building in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof, which is within the regular line of such street, should not be pulled down and the land within the regular line acquired by the Municipality.177. Setting forward of building to regular line of street.
| 178. Payment of compensation.- The Board of Councilors shall, for any acquisition made under this Chapter, pay reasonable compensation to the person adversely affected. In determining such compensation, allowance shall be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street, square, park or garden at or about the same time that public street, square, park or garden on account of which the compensation is paid is closed. |
179. Projected public streets.
180. Power to prohibit use of public streets for certain kind of traffic.
181. Temporary closure of public street.
- The [Chairman] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995 for 'Board of Councilors'.] may temporarily close the whole or any part of a public street to permit development and maintenance work, and may, subject to such conditions as may be determined by the [Chairman] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995 for 'Board of Councilors'.], authorise such closure for other purposes for any period not exceeding a month.182. Closure of public street for parking purposes.
183. Sanction of Board of Councilors to projection over streets and drains.
184. Removal of encroachments over public streets, etc.
185. Penalty for encroachment of street or open space.
- Whoever removes, not being duly authorized in that behalf, any earth, sand or other material form, or makes any encroachment in or upon, any street or open space which is not a private property, shall, on conviction, be punished with fine which may extend to one hundred rupees and, in the case of continuing offence, with further fine which may extend to twenty rupees for every day after the first during which such offence continues.186. Prohibition of causing damage to street or street furniture.
187. Board of Councilors may require owners of land to repair damage to streets, etc.
- Whenever any public street or drain or any other municipal property is damaged, washed away or eroded by any activity within any land or building (including tank) which exists by the side of such street, drain or property, the Board of Councilors may, by written notice, require the owner or occupier of such land or building to repair the damage and to restore the street, drain or property to its original condition as far as possible within a specified time. and it shall be incumbent upon such owner or occupier to comply with it, failing which the Board of Councilors itself may carry out the work of repair or restoration and the expenses thereof shall be recoverable from the owner or the occupier as an arrear of tax under this Act.188. Naming and numbering of streets and numbering of premises.
189. Power to require owner to upgrade private street.
190. Power of access over private street.
191. Power to take over private streets.
192. New private street.
193. Layout plans.
194. Lighting of streets and public places and measures for lighting.
- The Board of Councilors may-195. Power to take measures for generation of electricity.
196. Power to prohibit removal etc. of lamps.
Chapter XIV
Building
197. Definitions.
198. Power of State Government to make building rules and to classify municipal areas for the purpose of application of building rules.
199. Power to regulate future construction of building in particular streets or localities.
200. Power to prohibit change of authorized use of building.
201. Licence to be obtained for use of premises for non-residential purposes.
202. Power to prevent use of premises for specified purpose in particular area for environmental reasons.
203. Approval of building-sites and sanction of plan for erection of buildings.
- No piece of land shall be used as a site for the erection of a building unless such site has been so approved [on payment of a fee at such rate as may be prescribed, and] [Inserted by s. 15(1) of the W.B. Municipal (Amendment) Act, 2006, (West Bengal Act 22 of 2006), w.e.f. 1.10.2006.] within the prescribed period, and no building shall be erected unless a building plan has been sanctioned for such erection [on payment of a fee at such rate as may be prescribed, and] [Inserted by s. 15(2) ibid. w.e.f. 1.10.2006.] in accordance with the provisions of this Chapter and of the rules and the regulations made under this Act:Provided that no piece of land shall be approved for the erection of a building and no building plan shall be sanctioned unless a certificate from the competent authority, as defined in clause (d) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), to the effect that there is no objection to the transfer of the land under sub-section (3) of section 5 of that Act, has been submitted along with the application for sanction of building plan under the rules made under this Act:Provided further that if the competent authority as aforesaid does not issue the certificate within three months from the date of application for such certificate, it shall be presumed that the "no objection certificate" has been issued by it and no further reference to it shall be necessary.204. Prohibition of building without sanction.
- No person shall erect or commence to erect any building or execute any specified building work, except with the previous sanction of the Board of Councilors and in accordance with the provisions of this Chapter and of the rules and the regulations made under this Act in relation to such erection of building or [execution of work and on payment of such fee as may be prescribed] [Substituted by Act No. 19 of 2015, dated 24.7.2015.].[Provided that in case of allowing incremental Floor Area Ratio over and above the prescribed limit of Floor Area Ration in the prescribed manner, rate or fee or charge payable for additional Floor Area Ratio shall be entitled in terms of "Circle Rates" of the State Government, and the formula for this purpose shall be finalized by the State Government, and all such additional fees or charges to be collected on account of granting of additional Floor Area Ratio will be payable to the State Government, a portion of the collected fees or charges shall be allotted or transferred in the Municipalities for undertaking development schemes.] [Added by Act No. 19 of 2015, dated 24.7.2015.][204A. Construction of building in contravention of provisions of the Act or the rules made thereunder. - (1) Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being in force, any person, who, being responsible by himself or by any other person on his behalf, so constructs or attempts to so construct or conspires to so construct any new building or additional floor or floors of any building in contravention of the provisions of this Act or the rules made thereunder as endangers or is likely to endanger human life, or any property of the Municipality whereupon the water-supply, drainage or sewerage or the road traffic is disrupted or is likely to be disrupted, or is likely to cause a fire hazard. shall be punishable with imprisonment of either description for a term which may extend to five years and also with fine which may extend to fifty thousand rupees.] [Inserted by the West Bengal Act XXXII of 1997, w.e.f. 18.3.1998.]Explanation. - "Person" shall include an owner, occupier, lessee. mortgagee, consultant, promoter or financier, or a servant or agent of an owner. occupier. lessee, mortgagee. consultant, promoter or financier, who supervises or causes the construction of any building or additional floor or floors of any building as aforesaid.205. Application with building plan to erect or re-erect building.
- Every person, who intends to erect or re-erect a building, shall first submit an application with a building plan in such form, accompanied by such plans and specifications, and containing such information, as may be prescribed or as may be required by the rules made under section 198.205A. [ Submission of online application form for sanction of building plan. [Inserted by West Bengal Act No. 9 of 2018, dated 17.4.2018.]
206. Purpose for which building to be used and conditions of validity of notice.
207. Sanction of building plan and permission to execute work.
- Within sixty days after the receipt of any application with building plan or of any information or document which the [Board of Councilors] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995 for 'Chairman'.] may reasonably require the applicant to furnish before deciding whether sanction shall be accorded in this regard, the [Board of Councilors] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995 for 'Chairman'.] shall, by written order, -(a)either accord sanction to the building plan conditionally or unconditionally and give permission to execute the work, or(b)refuse, on one or more of the grounds mentioned in section 210, to accord such sanction, or(c)accord sanction but impose conditions for compliance before permission to execute the work.207A. [ Manner of processing the application submitted for approval of the building plan. [Inserted by West Bengal Act No. 9 of 2018, dated 17.4.2018.]
208. Sanction to be deemed to have been granted if the Board of Councilors defaults in according sanction.
- If. within the period referred to in section 207, the Board of Councilors has neither. accorded nor refused to accord sanction to a building plan, nor granted permission to execute a work, [the applicant may appeal to the Municipality, in writing, in this regard, and if the appeal as aforesaid is not disposed of within 30 days from the date of the appeal, [Inserted by the West Bengal Act 32 of 1997. w.e.f 18.3.1998.] [***] [Words 'this section' omitted by the West Bengal Act 22 of 2000, w.e.f 1.9.2000.] such sanction or permission shall be deemed to have been granted; and the applicant may proceed to execute the work; so, however, that nothing in this section shall be deemed to have permitted the applicant to contravene any of the provisions of this Act or of the rules made under section 198 or of any rules or regulations applying to such work.[208A. Validity and duration of permission for erection or construction of structure or building under West Ben. Act XLI of 1973. - Notwithstanding anything contained in this Chapter or elsewhere in this Act or in the West Bengal Panchayat Act, 1973, permission granted under that Act for erection or construction of any new structure or building or addition to any structure or building in any area shall, upon the constitution of such area a municipal area,-209. Notice to Board of Councilors before commencement of work.
- Not less than seven days before any person commences to erect or re-erect a building, the owner of the building shall send to the Chairman a written notice specifying the date on which he proposes to commence the work.210. Grounds on which sanction may be refused.
- The sanction of a building plan may be refused on any of the following grounds :211. Period for completion of building work.
- The Board of Councilors shall, when granting permission conditionally or unconditionally to execute the work, specify a reasonable period within which the building or the work is to be completed, and if the building or the work is not completed within the period so specified, it shall not be continued thereafter without fresh permission unless the Board of Councilors, on an application made in this behalf, allows an extension of such period:Provided that the Board of Councilors may, if it considers necessary, require a modification of the building plan, for reasons to be recorded in writing, in the case of inordinate delay in completion of the work.212. Completion certificate.
213. Power in cases of buildings at corners of streets.
214. Power to prevent the use of inflammable materials for building, etc.
215. Inspection of building or work requiring sanction.
216. Provisions of this Chapter not to apply in certain cases of additions and alterations.
- The provisions of this Chapter and the rules and the regulations made thereunder relating to erection of buildings shall not apply to necessary repairs not involving any of the works which constitute a material addition or alteration.Explanation. - An addition to, or alteration of, a building shall be deemed to be material if it-217. Power to Board of Councilors to cancel permission on the ground of material misrepresentation by applicant.
- If, at any time, sanction or provisional sanction to erect any building has been given and the Board of Councilors 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.218. Order for demolition or alteration of buildings in certain cases.
219. Power to stop excavation.
- If, during excavation or any other operation for the purpose of construction of any building or execution of any work, any of the underground utilities (such as electric or telephone cables, water-supply, sewerage and drainage mains. and gas pipe) is touched or is likely to be touched or if the Chairman is of opinion that such excavation may cause danger to public, he may, by a written order, stop forthwith any such excavation or other work till the matter is investigated and decided to his satisfaction.220. Power of Chairman to stop unauthorized construction.
221. Power to require alteration of existing buildings.
222. Maintenance of buildings.
223. Power to order demolition of buildings, dangerous, ruinous or unfit for human habitation.
224. Power to fix lamps, brackets, etc. to buildings.
- The Board of Councilors may erect or fix to the outside of any building, brackets for lamps to be lighted with oil or, subject to the provisions of the Indian Electricity Act, 1910 (9 of 1910), for lamps to be lighted with the electricity or otherwise or, subject to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), for telegraph wires or telephone wires or wires for the conduct of electricity for locomotive purposes. Such brackets shall be so erected or fixed as may not occasion any inconvenience or nuisance to the occupants of the said building or of any other building in the. neighbourhood or to the public.225. Powers to make regulations regarding buildings.
| Prior to deletion the Chapter XIVA read as as under :225A. Owner to maintain, preserve and conserve heritage building or site.- Every owner or occupier of any heritage building or site declared as such by the Municipality shall maintain, preserve and conserve it and shall not change its use in contravention of the provisions of this Act or the rules or the regulations made thereunder for its maintenance, preservation or conservation.Explanation I.-'The word 'maintain', with its grammatical variations and cognate expressions, shall include fencing, covering, repairing, restoring or cleansing, or doing of any act which may be necessary for the purpose of preserving or conserving, of, or securing convenient access to, a heritage building or site.Explanation II.-'Owner' shall, notwithstanding anything contained elsewhere in this Act, include, for the purposes of this chapter,-(a) a joint owner of a heritage building or site vested with the power of management thereof on behalf of himself and any other joint owner, or successor-in-title of any such joint owner; or(b) a manager, or trustee, vested with the power of management of a heritage building or site, or successor-in-office of such manager or trustee.225B. Power of Municipality to declare a building or site as a heritage building or site.- Where the Municipality, on the recommendation of the Heritage Conservation Committee and also of the Chairman-in-Council, is of the opinion that any building or site in the municipal area should be preserved and conserved for historical, architectural, environmental or cultural purpose, it may declare such building or site as a heritage building or site :Provided that during the period when any proposal for declaring a building or site as a heritage building or site is under consideration of the Heritage Conservation Committee or the Chairman-in-Council, no owner of such building or site, or no lessee or sub-lessee to whom such building or site has been leased out, shall transfer such building or site by way of sale, lease or mortgage without the prior approval of the Board of Councilors.225C. Gradation of heritage building.- The gradation of a heritage building according to its historical, architectural, environmental or cultural purpose shall be such as may be prescribed.225D. Heritage Conservation Committee.- (1) The Chairman-in-Council shall constitute a Committee to be called the Heritage Conservation Committee with the Chairman as its Chairman and an officer of the Municipality as its Convenor.(2) The Committee shall have, in addition to the Chairman and the Convenor, seven other members of whom-(a) one shall be a nominee of the District Magistrate of the district,(b) one shall be a nominee of the Director of the Department of Archaeology, Government of West Bengal,(c) one shall be an eminent architect,(d) one shall be an artist,(e) one shall be an environmentalist,(f) one shall be a historian, and(g) one shall be the concerned Executive Engineer of the Municipal Engineering Directorate.(3) The Committee may co-opt one person to be nominated by the concerned department of the State Government while dealing with any land or building under the management of the said department.(4) The Committee shall, in accordance with the provisions of this Act and the rules and the regulations made thereunder, scrutinize every application or proposal for declaration of a building or site as a heritage building or site, and recommend to, and also advise, the Chairman-in-Council in respect of the preservation and conservation of such building or site as a heritage building or site.(5) The Committee shall meet at such periodical interval as may be determined by the Chairman-in-Council.(6) The Chairman shall, in the case of emergency, take such measures as may be necessary for the preservation and conservation of a heritage building or site, provided that such measures shall be required to be approved by the Heritage Conservation Committee at its meeting.225E. Powers and functions of Heritage Conservation Committee.- The Heritage Conservation Committee shall have the power to function independent of the Board of Councilors for the purpose of preservation, conservation and maintenance of heritage buildings in so far as such power does not offend any other provisions of this Act or the rules made thereunder relating to construction or use of building :Provided that for erection or re-erection in a heritage building or part thereof, or for restoration of any heritage building to its old shape, design or beauty in the case of unlawful demolition, or for making any change of internal or external wall, structural pattern, floor, roof, interior or exterior architectural floor, facade or skyline, or for any other change, of a heritage building, the provisions of chapter XIV of this Act and the rules made thereunder shall apply mutatis mutandis.225F. Power of Municipality to require, purchase or take on lease heritage building or site.- Subject to the other provisions of this Act, the Municipality may acquire, purchase or take on lease any heritage building or site for the purpose of preservation and conservation thereof :Provided that in the case of a heritage building or site declared as such for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979, (West Ben. Act 13 of 1979), the approval of the concerned department of the State Government shall be taken.225G. Transfer of right of development for the purpose of acquisition by agreement.- When the owner of any heritage building or site is not willing to preserve or conserve any heritage building or site, the Chairman may, for the purpose of acquisition of such heritage building or site by agreement and on the recommendation of the Heritage Conservation Committee and with the approval of the Chairman-in-Council, allow the transfer of right of development of such heritage building or site, which shall be heritable and transferable, to the owner of such heritage building or site in such manner, and subject to such conditions, as may be prescribed.Explanation I.-'Development' shall have the same meaning as in clause (7) of section 2 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act 13 of 1979).Explanation II.-'Right of development' in relation to a heritage building or site shall mean the right of development, in the prescribed manner, of such potentials as may be available in respect of such heritage building on a plot of land or such site different from the land and building comprising the heritage building or from the site but in the same ward of the Municipality.225H. Right of access to heritage building or site acquired by Municipality.- Subject to such rules or regulations as may be made under this Act, every person shall have the right of access to any heritage building or site acquired by the Municipality.225I. Sub-lease of heritage building or site.- The Municipality shall have the right to allow the transfer of right of development to the lessee of a heritage building or site where the unexpired period of the term of lease is for 90 years, and to take the heritage building or site on sub-lease by agreement, if there is provision for such sub-lease in the deed executed between the owner and the lessee, provided that the question of payment of premium or rent in such case to the owner shall not, notwithstanding any agreement in this behalf, arise, and if the owner as confirming party to the agreement waives the right to receive any further payment of such premium or rent.225J. Permission of concerned department of State Government before acquisition of heritage building or site.- If the Municipality considers that it is necessary to acquire any building or site declared as a heritage building or site for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979, by agreement or under the Land Acquisition Act, 1894, (1 of 1894), permission of the concerned Department of the State Government shall be taken before such acquisition.225K. Power to exempt rates and taxes, etc. on heritage building or site.- If the owner of a heritage building or site enters into an agreement with the Municipality to maintain, preserve and conserve such heritage building or site properly at his own expenses, the Municipality may, in such case, exempt wholly or partly the owner of such heritage building or site from payment of rates or taxes or fees for supply of water or any other charges in respect of such heritage building or site.225L. Agreement with owner of heritage building or site pending acquisition.- (1) The Chairman may, pending acquisition of a heritage building or site by the Municipality under this Act and with approval of the Chairman-in-Council, propose to the owner of such heritage building or site to enter into an agreement with the Municipality for a specified period for the maintenance of such heritage building or site.(2) The agreement as aforesaid may provide for all or any of the following matters-(a) maintenance of the heritage building or site by the owner or by any other person willing to maintain the said heritage building or site;(b) custody of the heritage building or site and the duties of the person who may be employed to watch it;(c) the restrictions on the owner's right(i) to use the heritage building or site for any other purpose detrimental to its conservation.(ii) to charge any fee for entry into, or inspection of, the heritage building or site, and(iii) to build on or near the site of the heritage building or site.225M. Voluntary contribution and agreement with any voluntary organization, person or company.- (1) The Chairman may receive voluntary contributions towards the cost of maintaining any heritage building or site and may give order as to the management and application of such contributions for the purpose of preservation and conservation of such heritage building or site.(2) Subject to the approval of the Chairman-in-Council, the Chairman may enter into any agreement with any person or voluntary organization or company, whether incorporated or not, willing to preserve and conserve any heritage building or site on such terms and conditions as the Chairman-in-Council may determine.225N. Taking over management and control of heritage building or site.- (1) If the Chairman, on receipt of any information, is satisfied that the owner of a heritage building or site fails to preserve or conserve the heritage building or site, the Chairman may, when the heritage building or site is vacant and after hearing the owner, by order in writing, take over the management and control of such heritage building or site for the purpose of preservation and conservation thereof, suspending the right of the owner to transfer such heritage building or site for a maximum period of five years, subject to acquisition either by agreement or under the provisions of the Land Acquisition Act, 1894 (1 of 1894).(2) The Chairman shall thereafter notify the heritage building or site for letting it out by agreement to any person as tenant for the purpose as aforesaid, and the owner shall be entitled to an amount equal to the reasonable letting value of the heritage building or site as rent less the cost on account of preservation and conservation of the heritage building or site.225O. When heritage building or site ceases to be heritage building or site.- If the Municipality decides that any heritage building or site has ceased to be of public interest or has lost its importance for any reason whatsoever, it may, with the approval of the State Government. declare that such heritage building or site has ceased to be a heritage building or site for the purposes of this Act.225P. Penalty.- (1) Any person why destroys, removes. alters, defaces or misuses any heritage building or site or does any act, or abets in the commission thereof, in contravention of any provision of this chapter or the rules or the regulations made thereunder, shall be punishable with rigorous imprisonment for a term which may extend to three years and also with fine which may extend to fifty thousand rupees and, in default, with further rigorous imprisonment for six months.(2) Any court convicting any person under this section shall, by order, direct such person to restore the heritage building or site to its former shape and beauty at his cost, and any failure to comply with such order shall be deemed to be a continuing offence and such person shall be punishable with an additional fine of rupees two hundred and fifty for every day during which such contravention or failure continues after conviction for the first such contravention.(3) Where an offence under this section has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.(4) Notwithstanding anything contained in sub-section (3), where an offence under this section has been.committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Explanation.-For the purposes of this section,-(a) 'company' means any body corporate and includes a firm or other association of individuals;(b) 'director', in relation to a firm, means a partner in the firm; and(c) 'person' shall include an owner, occupier, lessee. mortgagee, consultant, promoter or financier who supervises or causes erection, destruction, removal, defacement or misuse of any heritage building or site.225Q. Power of the State Government to make rules for the purpose of this chapter.- Notwithstanding anything contained elsewhere in this Act, the State Government may make rules to provide for any matter considered necessary for the purpose of implementation of the provisions of this chapter. |
Part VI – Civic Services
Chapter XV
Water-supply
226. The Municipality to provide water-supply.
227. Public tanks, sub-soil water, etc., to vest in the Municipality.
228. Construction of water-works.
229. Power to lay or carry pipes through public or private land.
- The.; Board of Councilors may lay or carry any water-main or service-main or any'. pipe or channel of any kind for the purpose of providing or carrying out or maintaining a system of water-supply on, across, under or over any street or public place, and after giving a reasonable notice of not less than a month to the owner or the occupier, across, under or over any private land or building whatsoever, situated within the limits of a municipal area, may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such pipe or channel, as the case may be, in an effective state for the purpose for which such pipe or channel, as the case may be, may be used or intended to be used :Provided that in the case of sudden water-logging of any area within a municipal area, the Board of Councilors may, if it considers it necessary so to do in the interest of public health and convenience, take such action as is necessary under this sub-section for draining out the water across, under, over or up the side of any land or building within a municipal area without prior service of any notice on the owner or the occupier of such land or building :Provided further that a reasonable compensation shall be paid to the owner or the occupier for any damage at the time sustained by him through, or in consequence of, any such operation.230. Control of constructions on land through which water-main etc. passes.
- No building or private street shall be constructed over any municipal water-main or service-main, except with the written permission of the Board of Councilors which may impose such conditions for such construction as it may deem fit.231. Power to permit connection to houses and lands.
| 232. Power to require water supply to be taken.- If, at any time, it appears to the Chairman-in-Council that any building or and in the municipal area is without a proper supply of wholesome water, the Chairman may, by written notice, require the owner or the lessee or the occupier of the building or the land, as the case may be. to obtain from municipal water-mains such quantity of water as may be adequate for the requirement of the persons usually occupying or employed upon the building or the land, and provide communication pipes of such size, materials and description, and take such necessary steps for the purpose, as may be provided by regulations. |
233. Water supply through hydrants, stand-posts and other conveniences.
234. Vesting of private connections to premises in the Municipality.
235. Owner to bear expenses of repairs of works connected with the supply of water.
- Except in the case of a special agreement to the contrary, the owner of any premises shall bear the expenses of repairs of all works connected with the supply of water thereto and, if he fails to do so, [the occupier may give to the owner and the Chairman three days notice in writing in such form as may be approved by the Municipality, and if the Municipality fails to get the repairs of all works done connected with the supply of water to the premises within three days from the date of receipt of the notice, the occupier may] [Substituted by section 35 of the. West Bengal Act 16 of 2002, w.e.f. 2.9.2002 for 'the occupier may, after giving the owner and the Chairman three days' notice in writing in such form as may be approved by the Municipality'.] himself have the repairs done and deduct the expenses for such repairs from any rent due from him to the owner in respect of such premises.236. Permission to person outside the municipal area to take water.
- The Board of Councilors may, with the sanction of, and on such terms as may be approved by, the State Government, supply water to a local authority or other person outside the municipal area.237. Power to State Government to take control over imperfect, inefficient or unsuitable water-works etc.
238. Water not to be wasted.
239. Power to cut off or to turn off supply of water to premises.
240. Digging of wells etc. without permission prohibited.
241. Power to set apart wells, tanks, etc. for drinking, culinary, bathing and washing purposes.
- The Board of Councilors may, by order published at such places as it thinks fit, set apart any tank, well, spring or water-course or any part thereof, vested in it or, by an agreement with the owner thereof, any private tank, well, spring or water-course or part thereof, subject to any rights which the owner may retain with the consent of the Board of Councilors, for any of the following purposes, namely :-242. Analysis of water for drinking or culinary purposes.
- The State Government may make rules to provide for the proper analysis of the water of any water-works,-tank, well, spring or any water-course or other source, unused or likely to be used for drinking or culinary purposes in any municipal area and, in particular, may require the Chairman-in-Council to take samples of water in the manner prescribed and make it over at such time and place, and to such person or persons, as the State Government may appoint in this behalf.243. Power to make rules.
- The State Government may make rules to provide for-244. Power to make regulations.
- The Board of Councilors may make regulations, not inconsistent with the provisions of this Act and the rules made thereunder for carrying out the purposes of this Chapter.Chapter XVI
Drainage and Sewerage
245. The Municipality to provide drainage, sewerage, etc.
- The Municipality shall provide and maintain a system of drainage or sewerage as well as a safe and sufficient outfall in or outside the municipal area.246. Public drains, trunk-sewers etc. to vest in the Municipality.
247. Control of Board of Councilors over drainage.
248. Cleaning of drains.
- The Chairman-in-Council shall provide for the municipal drains to be cleansed, flushed and emptied from time to time.249. Provision for treatment and disposal of sewage.
- The Chairman-in-Council may, for the purpose of receiving, treating, storing, disinfecting, distributing, or otherwise disposing of, sewage, construct, operate, maintain, develop and manage any plant or other device within or outside the municipal area.250. Construction or maintenance of drainage and sewerage systems etc.
- Subject to the sanction of the State Government and the rules made in this behalf, the Board of Councilors, either singly or jointly with any other local authority, may, within or without a municipal area, -251. Power of Board of Councilors to lay or carry pipes through private and public land.
- The Board of Councilors may carry any drain, sewer or channel of any kind for the purpose of establishing or maintaining a system of drainage or sewerage upon, across, under or over any street or public place and, after giving a reasonable notice in writing to the owner or the occupier, upon, across, under, over or up the side of any private land or building whatsoever, situated within the limits of a municipal area, and, for the purpose of the outfall of sewage, or for drainage outfall, without such limits, and may, at all times, do all acts and things which may be necessary or expedient of repairing or maintaining any such drain, sewer or channel, as the case may be, in an effective state for the purpose for which the same may be used or intended to be used:Provided that in the case of sudden water-logging of any area within a municipal area or any nuisances, the Chairman-in-Council may, if considered necessary so to do in the interest of public health and convenience, take such action as is necessary for draining out the water upon, across, under, over or up,the side of any private land or building within a municipal area without prior service of any notice on the owner or the occupier of such land or building:[Provided further that a reasonable compensation shall be paid to the owner or the occupier of such private land or building for any damage sustained by him in consequence of any act or thing done by the Board of Councilors or any action taken by the Chairman-in-Council under this section.] [Proviso added by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995.]252. Use of public drains by private owners.
- The owner or the occupier of a building or land shall be entitled to cause his drains to empty into the municipal drains after obtaining the written permission of the Chairman and he shall comply with such conditions as the Chairman may deem fit to impose relating to the communications between private drains and municipal drains.253. Power to order demolition of drain constructed without consent.
- No person shall, without the written consent of the Chairman-in-Council first obtained, make or cause to be made, or alter, or cause to be altered, any drain or branch drain leading into any of the municipal sewers or drains or into any water-course. street or land vested in the Municipality, and the Chairman-in¬Council may cause any drain or branch drain, so made or altered, to be demolished, altered, remade or otherwise dealt with at the expenses of the persons making or altering such drain.254. Draining of group or block of buildings etc. by combined operation.
- If it appears to the Chairman-in-Council that a group or block of buildings may be drained more economically and advantageously in combination than separately, and if a municipal sewer or drain of sufficient size already exists or is about to be constructed within the reasonable reach of such group or block of buildings, the Chairman-in-Council may cause such group or block of buildings to be so drained, and the expenses thereby incurred shall be recovered from the owners of such buildings in such proportions as the Chairman-in-Council may deem fit.255. Power to enforce drainage of undrained premises and separate drainage in any premises.
- The Chairman-in-Council may, by written notice; require drainage to be provided for any undrained premises and also require separate provisions to be made for drainage or sewage and other offensive matters as distinct from rain-water and other unpolluted sub-soil water in accordance with such rules as may be made in this behalf.256. Power of State Government to exercise control over imperfect, inefficient or unsuitable drainage work.
257. Encroachment on municipal drains.
258. Power to make rules.
- The State Government may make rules to provide for-259. Power to Board of Councilors to make regulations.
- The Board of Councilors may make regulations-Chapter XVII
Solid Wastes
Functions in relation to solid wastes260. Collection, removal and disposal of solid wastes.
- For the purpose of securing the efficient scavenging and cleansing of all streets, public places and premises within a municipality, the Board of Councilors shall provide for the functions of collection, removal and disposal of solid wastes.261. Provision for receptacles, depots and places for temporary deposit.
262. Duties of owners and occupiers to collect and deposit rubbish, etc.
- It shall be the duty of the owners or the occupiers, as the case may be, of all premises-263. The Municipality to provide for cleansing of streets and removal of solid wastes.
264. Solid wastes to be municipal property.
- All matters deposited in public receptacles, depots and places provided or appointed by the Municipality and all solid wastes collected shall be the municipal property.265. Provision of vehicles or other suitable means for removal of solid wastes.
266. Removal of solid wastes accumulated on non-residential premises.
- The Chairman-in-Council may, if it thinks fit,-267. Appointment of places for disposal and final disposal of solid wastes.
- The Chairman may cause the solid wastes to be disposed of at such place or places within or outside the municipal area and in such manner as it considers suitable:Provided that no place, which has not been before the commencement of this Act used for the purpose specified in this section, shall be used except in conformity with the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act 13 of 1979).268. Provision for processing and disposal of solid wastes.
269. Special sanitary arrangements at certain places.
270. Prohibition against deposit of solid wastes.
271. Presumption as to offender.
- If any rubbish, offensive matter, trade-refuse, special waste, hazardous waste or excrementitious and polluted matter accumulating on any premises is deposited in any place in contravention of the provisions of this Act, it shall be presumed, unless the contrary is proved, that such contravention has been committed by the occupier of such premises.272. Depositing or throwing any solid waste in contravention of the provisions of this Act.
- Whoever deposits or throws or causes or permits to be deposited or thrown any solid waste on any place in contravention of the provisions of this Act shall, subject to such rules and regulations as may be made in this behalf, be punishable with fine which shall not be less than fifty rupees or more than five thousand rupees for each of such offences.273. Power of the Municipality to get certain places scavenged and cleansed.
- If any street or public place under the control of Government or any statutory body is not properly or regularly scavenged or is, in the opinion of the Chairman, in a filthy and unwholesome condition, the Chairman may, by written notice, require the owner or the occupier to do the scavenging or cleansing or may cause scavenging or cleansing to be done and the cost of such scavenging or cleansing shall be recovered from the owner or the occupier thereof, as the case may be.Chapter XVIII
Markets and slaughter houses
274. Provision of municipal markets and slaughter houses.
275. Use of municipal markets.
276. Levy of stallage, rent and fee.
- The Board of Councilors may-277. Premium, stallage, rent, etc., to be published.
278. Private markets and slaughter houses.
279. Power to expel person contravening regulations.
280. Prohibition of business and trade near a market.
281. Municipal licence specially for sale of flesh, fish or poultry.
282. Municipal licence for hawking articles, etc.
- No person shall, without or otherwise than in conformity with the terms of a licence granted by the Board of Councilors in this behalf,-283. Power to inspect places where unlawful slaughter of animals, etc. is suspected.
284. Power to seize food or drug, etc.
285. Commercial projects etc. of a Municipality.
285A. Arrangement for fire prevention and fire safety.
- On the coming into force of the West Bengal Fire Services Act, 1950, in any municipal area, the Municipality shall, in consultation with the Director of Fire Services or any officer authorized by him in this behalf by general or special order, require the owner or the occupier of all or any of the premises in the municipal area to make, or to carry, such arrangements as may be necessary for fire prevention and fire safety in the municipal area, and issue a fire safety certificate on such conditions as the State Government may prescribe from time to time.Explanation. - "Director of Fire Services" shall mean the Director of Fire Services referred to in clause (e) of section 2 of the West Bengal Fire Services Act, 1950.Part VII – Urban And Regional Planning And Development
Chapter XIX
Urban Renewal and Regional Development
A. Bustee or slum improvement286. Power of Board of Councilors to define and alter limit of bustee or slum.
287. Power to prepare improvement schemes.
288. Notice for participation of owners and occupiers.
- After the publication of an approved improvement scheme, under sub-section (1) of section 287, the Board of Councilors shall cause a notice to be served on such owners or occupiers of huts and structures within the bustee or slum as are on municipal record, inviting participation in the implementation of the scheme.289. Management of areas of common uses and facilities.
- Upon an improvement scheme being implemented the Board of Councilors may provide for management of the common areas and facilities created in course of such implementation, by establishment of a users committee or a co-operative society of the owners or the occupiers on the model of a housing co-operative society under the West Bengal Co-operative Societies Act, 1983 (West Ben. Act XLV of 1983), and such management shall be binding on the owners or the occupiers, as the case may be, coming within the purview of the scheme.290. Layout plan for sanction of erection of hut or structure in a bustee.
- Notwithstanding anything contained elsewhere in this Act, the Board of Councilors may require a person intending to erect a but or structure within a bustee or slum to conform to the layout plan as may be prepared by the Board of Councilors in respect of any bustee or slum or any part thereof.B. Area Development and renewals291. Removal of congested buildings.
292. Power to require improvement of buildings unfit for human habitation.
293. Area development.
- Where the Board of Councilors, upon information in its possession, is satisfied as respects any area within a municipal area-294. Matters to be provided in an area development project.
- An area development project may provide for such matter as may be prescribed by rules.295. Execution of an area development project.
296. Power to acquire land or building for orderly growth.
- Subject to the provisions of this Act, the Board of Councilors may acquire any land or building. whether situated within or outside the municipal area, for the purpose of-(i)opening out any congested or unhealthy area or otherwise improving any portion of the municipal area; or(ii)erecting sanitary dwellings or providing site and services for the working and poorer people; or(iii)executing any development plan or scheme to provide for the growth of the municipal area in an orderly manner, including housing programme for different sections of the community.C. Planning and regional development[297. Preparation of Draft Development Plan. - (1) The Board of Councilors shall prepare a Draft Development Plan for the municipal area or notified area, as the case may be, in consultation with the District Planning Committee for a period of five years, and shall submit to the Urban Development Sub-Committee at least one year before completion of the term of the preceding Draft Development Plan :Provided that a Municipality or Notified Area Authority shall prepare the first Draft Development Plan in accordance with the directions of the District Planning Committee.| Prior to substitution the Section read as;297. Power of Municipality to plan for the region.- (1) Subject to the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act 13 of 1979), the State Government may by notification, declare an area to be an Urban Development Region of a Municipality comprising-(i) the area within the jurisdiction of the Municipality, and(ii) such other drainage areas adjoining and around the municipal area as may be deemed necessary to be included therein by the State Government.(2) Whenever an Urban Development Region of a Municipality has been so declared, the Municipality may prepare a master plan for upgradation of the human settlements within such region. |
| Prior to substitution the Section read as;298. Preparation of a master plan.- A master plan for the Urban Development Region may provide for all or any of the following :(a) existing land use pattern in maps or documents;(b) future land use control by way of -(i) identification and preservation of open spaces, or(ii) prohibition of filling up of tanks or water-sources. or(iii) filling up of insanitary water-sources, or(iv) protection of land surface through which sub-soil water-sources are recharged, or(v) provision for drainage network and outfalls, or(vi) provision for dumping grounds for solid wastes disposal, or(vii) street alignments, or(viii) provision for burning and burial grounds, or(ix) reclamation of waste lands, or(x) providing activities of similar nature;(c) regulation and restriction of sites for construction of buildings, huts or structures;(d) regulation of licensing of premises to be used for non-residential purposes;(e) regulation of construction of buildings, huts or structures for purposes of safety and densification or density control;(f) environmental improvement by way of restriction of felling of trees, planting of new trees and flowering plants in public places and adding to house greenery and the like;(g) control of pollution relating to water, soil, air, noise and odour etc.;(h) land acquisition for the purpose of ensuing that the benefits of developmental activities are reaped by public bodies for community welfare and not for speculative gains by private individuals. |
| Prior to substitution the Section 299 read as;299. Urban Development Committee.- (1) The State Government may, for the purpose of formulation of a master plan for an Urban Development Region or implementation of any project or scheme in pursuance thereof or for carrying out any activity arising out of it, constitute an Urban Development Committee or Urban Development Committees for any area or outside the municipal area.(2) Whenever any Urban Development Committee is constituted. it shall be incumbent upon the Board of Councilors to consult it in all matters of preparation of any master plan and entrust to it all items of implementation so far as they relate to areas outside the municipal area. |
| 300. Panchayats as Urban Development Committees.- Notwithstanding anything contained in the West Bengal Panchayat Act, 1973 (West Ben. Act XII of 1973), State Government may vest the powers of an Urban Development Committee in a Gram Panchayat constituted under section 4 or a Joint Committee appointed under section 30, or a Panchayat Samiti constituted under section 94 of the Act. Upon the vesting of such powers, the exercise thereof by the Gram Panchayat or the Joint Committee or the Panchayat Samiti, as the case may be, shall be deemed to be the performance or the function assigned to the Gram Panchayat or the Joint Committee or the Panchayat Samiti as the case may be, in respect of the matter referred to in clause (o) of sub-section (1) of section 20, or item (ii) of clause (a) of sub-section (1) of section 109, as the case may be, of that Act :Provided that the State Government may associate representatives from other authorities or experts in different fields with the Urban Development Committee for rendering of necessary advice or guidance. |
301. Board of Councilors in charge of Urban Development Region.
302. Power to make rules.
- The State Government may make rules providing for-Chapter XX
Municipalities in hill areas
A. Special Provisions303. Application of the Act to Municipalities in hill areas.
- Notwithstanding anything contained elsewhere in this Act, but subject to the proviso to sub-section (5) of section 1, the provisions of this Chapter shall apply only to the Municipalities in the hill areas and shall be construed to be in modification of, or to be supplementing, the other provisions of this Act in their application to such Municipalities.B. Definitions304. Extension of definitions of "drain" and "masonry building".
305. Definitions.
- In this Chapter,-306. Absolute closing of public roads.
307. Power to close private road.
- If it appears to the Board of Councilors that the existence of any private road threatens the stability or security of any hillside or bank or any immovable property thereon, it may, by written notice, require the owner of such private road to close the road and to take such measures as may be considered necessary for the stability or security of such hillside, bank or property or as may be specified in the notice :Provided that no notice shall be issued under this section in respect of any private road which constitutes the only approach to a building, unless, in the opinion of the Board of Councilors, another road affording a suitable approach to the building can be constructed at reasonable expense.308. Power to close temporarily a road or part of a road for repairs or other public purpose.
- The Board of Councilors may close temporarily any public road or part of a public road for the purpose of repairing such road, or for the purpose of constructing any sewer, drain or bridge, or for any other purpose :Provided that the Board of Councilors shall provide reasonable means of access to persons occupying holdings adjacent to such road.309. Control over private roads and bridges.
- All private roads and bridges shall be subject to the inspection and control of the Board of Councilors.310. Control over construction or alteration of private roads.
311. Reconstruction etc. of private road.
- If it appears to the Board of Councilors that any private road is so situated or is in such condition that it threatens the stability or security of any hillside or bank or any immovable property thereon, it may, by written notice, require the owner of such private road,-312. Provision for enlargement of waterway on private road.
- If it appears to the Board of Councilors that it is necessary to provide any waterway on any private road or to enlarge any waterway provided on any private road, it may, by written notice, require the owner of such private road-313. Rules as to construction etc. of private road etc.
- 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.314. Removal of materials falling upon or into road or drains.
- Whenever any building, wall, revetment or other erection or any part thereof, or any stone, tree, soil or debris from private premises falls down and obstructs any public or private road or drain, the Board of Councilors may cause the obstruction to be removed and take all measures incidental thereto, and recover the expenses thereof from the owner of the premises from which those have fallen, unless the owner himself causes such removal.D. Drains315. Control over construction or alteration of private drains.
316. Reconstruction, repair, etc. of private drains, gutters, etc.
317. Power to require provision of private drain.
- If any land or building is not drained to the satisfaction of the Board of Councilors, it may, by written notice, require the owner to provide a drain therefor, at such inclination, and to such point of outlet or of junction with some other drain, as may be specified in the notice.318. Private drainage in combination.
319. Power where buildings etc. threaten the stability of other immovable property.
- If it appears to the Board of Councilors that any building or portion of a building or anything affixed to a building or any wall or structure on any and is in such condition as threatens the stability or security of any hillside or bank or any immovable property thereon, the Board of Councilors may, by written notice, require the owner of such land or building-320. Power where hillside or bank threatens the safety of buildings.
- If it appears to the Board of Councilors that the condition or situation of any hillside or bank, being private property, is such as threatens the safety of any building or the safety or such building cannot be ensured by taking action under any other provision of this Act or such building threatens the safety of some other building, it may, by written notice, required the owner of the first mentioned building -321. Power to require revetting, turfing or sloping.
322. Power to execute work in combination.
- If it appears to the Board of Councilors that lands or buildings belonging to two or more owners may be protected by the execution of works more economically or advantageously in combination than separately, the Board of Councilors 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 proportion as the Board of Councilors may direct.323. Power to execute works where public road, drain, revetment or retaining-wall is affected.
- The Chairman-in-Council may, at any time, for reasons to be recorded in writing. cause any revetment, retaining-wall or toe-wall to be constructed, re-constructed, enlarged, strengthened. altered or repaired on any private land immediately abutting upon any public road, drain, revetment or retaining-wall: and the expenses thereby incurred shall be shared by the Municipality with the owner of such land in such proportion as the Chairman-in-Council may direct.324. Rules as to revetting, turfing and sloping.
- Whenever any revetment. retaining-wall or toe-wall is to be constructed, reconstructed, enlarged, strengthened, altered or repaired, or any land is to be turfed, or sloped, the work shall be executed in accordance with such rules, in so far as they are applicable to such work. as may be made in this behalf.F. Control over occupation of buildings325. Power to prohibit occupation of unsafe or insanitary building.
326. Additional power to Board of Councilors in hill areas to make regulations.
Part VIII – Community Health
Chapter XXI
Public Safety and Nuisances
327. Precautions in case of dangerous structures.
328. Precautions in case of dangerous trees.
329. Precautions in case of dangerous tanks, wells, holes, etc.
330. Power to stop dangerous quarrying.
-1f, in the opinion of the Board of Councilors, the working of any quarry or the removal of stone. earth, coal or other material from any place is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Board of Councilors may require the owner or the person having control of such quarry or place to discontinue the working of the same or to discontinue the removal of stone, earth, coal or other material from such place or to take such order with such quarry or place as it may deem necessary, for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom.331. Precautions against fire.
332. Prohibition of construction of wells, tanks etc. without permission of Board of Councilors.
| Prior to substitution the Section 333 read as;333. Filling in of pools, etc., which are a nuisance.- (1) If in the opinion of the Chairman-in-Council, -(a) any pool, ditch, tank, well, pond, swamp, quarry, hole, drain, cesspool, water-course or any collection of water, or(b) 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 Chairman-in-Council may by notice require the owner or the person having control thereof, to fill up, cover over, weed or stock with larvicidal fish, drain, or drain off the same in such manner and with such materials, or to take such steps for removing or abating the nuisance. as the Chairman-in-Council direct, within such period as may be specified in the notice.(2) If a person to whom a notice is issued under sub-section (1) to fill up, cover over, or drain off a well, delivers to the Chairman within the period specified in the notice for compliance therewith. written objections to such notice, the Chairman shall make further inquiry into the case, and shall not institute any prosecution for failure to comply with such notice. The Chairman may, nevertheless, if he deems the execution of the work called for by such notice to be of urgent importance, cause such well to be securely covered over to prevent breeding of mosquitoes and, in every such case, the Chairman shall determine whether the expenses of any work already done as aforesaid shall be paid by such owner or shall be met out of the Municipal Fund or shall be shared and, if so, in what proportions. |
334. Regulation or prohibition of certain practices relating to cultivation.
- The Board of Councilors, on the report of the Director of Health Services or the Chief Medical Officer of Health of the district or upon any expert opinion that the cultivation or practices relating to the cultivation of any description of crop or the use of any kind of pesticide or manure or the irrigation of any land in any place within the limits of the municipal area is injurious to the public health, may, with the previous sanction of the State Government, by public notice regulate or prohibit the cultivation or any practice relating to cultivation, or use of any pesticide or manure or irrigation so reported to be injurious.335. Cleansing of insanitary private tank or well used for drinking purposes.
336. Duty of the Chairman-in-Council in respect of public well or receptacle of stagnant water.
337. Prohibition against, or regulation of, washing animals or clothes or fishing in public water courses, tanks, etc.
- The Chairman-in-Council may, in the interest of public health, regulate or prohibit the washing of animals, clothes or other things or fishing in any public spring, tank, well, public water course or part thereof within the municipal area and may set apart any such place for drinking or bathing or washing clothes or animals or for any other specified purpose.338. Provision of public toilets and wash-houses.
339. Provision against washing by. washermen at unauthorized places.
340.
[Prohibition against defiling of water of public and private tanks and uses, and throwing of plastic in the public streets and tanks, whether private or public.] [Substituted by s 16(1) of the W.B. Municipal (Amendment) Act, 2006, (West Bengal Act 22 of 2006), w.e.f. 1.10.2006, for the words 'Prohibition against defiling water of tanks etc., whether public or private.] - No person shall-341. Unoccupied buildings or lands.
- If any building or land. by reason of abandonment, disputed ownership or other cause, remains unoccupied, and thereby becomes a resort of idle and disorderly persons or if, in the opinion of the Chairman-in-Council, becomes a nuisance, the Chairman-in-Council may, after due. inquiry by notice, require the owner or the person claiming to be the owner to secure, enclose, clear or cleanse the same.342. Abatement of overcrowding in dwelling house or dwelling place.
343. Prohibition against feeding certain animals on filth.
- No person shall feed any animal, or permit any animal, which is kept for dairy purpose or may be used for food, to be fed, on filth.344. Premises not to be used for keeping animals, birds, etc., without licence.
- No person shall use, or permit to be used, any land or premises for keeping cattle, horse, pig, dog, or other quadruped animal or any kind of bird for any purpose whatsoever without, or otherwise than in conformity with. the terms of a licence granted by the Board of Councilors on payment of such fees as may be determined by the Board of Councilors by regulations :Provided that the Board of Councilors may, by a written order, exempt any class of animal or bird from such licence or from any purpose for which such class of animal or bird may be kept.345. Seizure of certain animals or birds.
346. Power to deal with infected dogs or animals.
- The Chairman may-347. Power to stop nuisances from animals within premises.
348. Control and removal of Khatals.
- Subject to the provisions of any other law for the time being in force for removal of khatals, the Board of Councilors may make regulations specifically for control of khatals within the municipal area or removal of khatals therefrom. Such regulations may provide for restricting the khatals within a specified zone or zones or setting up of milk colony exclusively for rearing of cattle within or outside the municipal area and seizure of animals for violation of regulations and penalty for offenders.349. Power to require repair, alteration, removal or conversion of latrines etc.
350. Power to abate nuisances caused by pollution.
- Subject to the provisions of this Act and of any other law for the time being in force, the Board of Councilors may take measures for abatement of any nuisance caused by the pollution of noise, foul odour, visual irritation, sensory annoyance. respiratory affection or the like in such cases and manners, and by fixing such standards, as may be prescribed.Chapter XXII
Restraint of infection
351. Board of Councilors to take measures for prevention and checking of dangerous diseases.
- It shall be the duty of the Board of Councilors to take such measures as are necessary for preventing or checking the spread of any dangerous disease in the municipal area or of any epidemic disease among any animal therein by way of mass inoculation, vaccination, immunisation, and disinfection.352. Obligation to give information of dangerous disease.
- Any person being in charge of, or in attendance upon, whether as a medical practitioner or otherwise, any other person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering, shall forthwith give information as respects the existence of such disease to the Chairman.353. Power of Chairman to cause inspection of a place and take measures to prevent spread of dangerous disease.
- The Chairman may at any time, by day or by night and without notice or after giving such notice of his intention as shall, in the circumstances, appear to him to be reasonable, cause inspection of any place in which any dangerous disease is reported or suspected to exist, and take such measures as he may think fit to prevent the spread of such disease beyond such place, and shall forthwith submit a report to the State Government.354. Power of Chairman to cause disinfection of building, tank, pool or well.
355. Power of Chairman to destroy infectious buildings, structures, huts or sheds.
356. Power of Chairman to close lodging and eating houses.
- The Chairman may, on being satisfied that it is in the public interest so to do, by written order direct that any lodging house or any place where articles of food and drink are sold, prepared, stored or exposed for sale, being a lodging house or place in which a case of dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order :Provided that such lodging house or place may be declared to be open if the Chief Medical Officer of Health of the district certifies that it has been disinfected or is free from infection.357. Power of Chairman to restrict or prohibit sale of fish, flesh, food, drink, articles, etc.
- When the municipal area or any part thereof is visited or threatened by an outbreak of any dangerous disease, the Chairman may, by public notice, restrict in such manner, or prohibit or such period, as may be specified in the notice, the sale or preparation of any article of food or drink or drug for human consumption, or the sale of any fish, flesh, fruit or vegetable of any description, or the use of any container or packages, as may be specified in the notice.358. Control over well and tanks, etc.
- If the Chairman is of opinion that the water in any tank or other place is likely to endanger human life or cause the spread of any disease. he may-359. Special measures in case of outbreak of dangerous or epidemic diseases.
360. Disposal of infectious corpses.
- Where any person dies from any dangerous disease, the Chairman may, by notice in writing, -361. Prohibition of making or selling of food etc. or washing of clothes by infected persons.
- No person shall, while suffering from, or in circumstances in which he is likely to spread, any dangerous disease,-362. Duty of persons suffering from dangerous disease.
- No person shall, -Chapter XXIII
Vital Statistics
363. Registration of births and deaths.
- Subject to the provisions of the Registration of Births and Deaths Act, 1969 (18 of 1969), the Board of Councilors shall cause [registration of] [Substituted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000 for 'a register to be maintained wherein the'.] births and deaths, taking place within the municipal area [***] [Words 'shall be entered' omitted by ibid, w.e.f. 1.9.2000.] and extracts of information therefrom shall be supplied, on application, in such form of a certificate and on payment of such fees as may be [determined by regulations] [Substituted by ibid, w.e.f. 1.9.2000 for 'prescribed'.].364. Information of births.
- It shall be the duty of the father or the mother of every child born within the municipal area or, in default of the father or the mother, of any relation of the child living in the same premises or, in default of such relation, of the person having charge of the child to give, to the best of his or her knowledge and belief to the officer empowered in a municipal area in this behalf, within [twenty-one days] [Substituted by the West Bengal Act 22 of 2000. w.e.f. 1.9.2000 for 'eight days'.] of such birth, information containing such particulars as may be [required under the Registration of Births and Deaths Act, 1969:] [Substituted by ibid, w.e.f. 1.9.2000 for 'prescribed'.]Provided that -365. Information respecting finding of new-born child.
- ln case any new-born child is found exposed, it shall be the duty of any person finding such child or of any person in whose charge such child may be placed to give, to the best of his knowledge and belief, to the officer empowered under section 364, within [twenty-one days] [Substituted by ibid, w.e.f. 1.9.2000 for 'eight days'.] of finding of such child, such information containing the particulars of birth of such child as such person possesses.366. Information regarding death.
- It shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying within the municipal area and, in default of such relation, of any person present or in attendance at the time of the death and of the occupier of the premises in which, to his knowledge, the death took place and, in default of the person hereinbefore mentioned, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of to give [within twenty-one days from the date of its occurrence and] [Inserted by the West Bengal Act 22 of 2000 w.e.f. 1.9.2000.] 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 :] [Substituted by ibid, w.e.f. 1.9.2000 for 'as may be prescribed within twenty-four hours of its occurrence'.]Provided that-367. Medical practitioner to certify cause of death.
- In the case of a person who had been attended in his last illness by a duly qualified medical practitioner, such practitioner shall, within three days of his becoming cognizant of the death of such person, sign and forward to the officer specially empowered in this behalf a certificate of the cause of death of such person in such form as may, from time to time, be specified by the State Government, and the cause of death as stated in such certificate shall be entered in the register together with the name of the certifying medical practitioner.368. Duties of police in regard to unclaimed corpses.
- 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.369. Sextons, etc., not to bury, etc., corpse.
- No sexton or keeper of a registered burial or burning ground or other place for disposal of the dead, whether situated within the municipal area or not, shall bury. burn or otherwise dispose of or allow to be buried, burnt or otherwise dispose of any corpse, unless such corpse is accompanied by a certificate in such form as may be prescribed and signed by an officer specially empowered in this behalf or by a registered medical practitioner or any other medical practitioner authorized by the State Government in this behalf.Chapter XXIV
Disposal of the Dead
370. Registration of places for disposal of the dead.
371. Provision for, and registration of, new places for disposal of the dead.
372. Permission for opening new place for disposal of the dead or reopening of place.
373. Power to require closing of burning and burial grounds.
374. Power to direct reopening of any place closed for the disposal of the dead.
- If, at any time after inspection, the Board of Councilors is of opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of this Chapter or under any other law or authority, has, by lapse of time, become no longer injurious to health and may, without inconvenience or risk of danger, be again used for the said purpose, it may direct that such place may be reopened for the disposal of the dead.375. Prohibitions regarding burials within places of worship and exhumation.
376. Acts prohibited in connection with disposal of dead.
- No person shall-377. Disposal of dead animals.
Part IX – Other Authorities
Chapter XXV
Notified Area
378. Constitution of notified area.
| Prior to substitution the Section read as;379. Power to apply enactments to, and constitute authority in, notified area.- (1) The State Government may, by order to be published in the Official Gazette,-'(a) extend to a notified area with such incidental or consequential modifications as the State Government may consider necessary for giving effect to the provisions of this Chapter-(i) any provisions of this Act which applies to a Municipality, or(ii) any rule or regulation in force in any Municipal area; and(b) appoint, for a notified area, a committee consisting of not less than five and not more than nine members, to be known as the Notified Area Authority, to carry out all or any of the purposes of this Chapter.(2) The State Government shall appoint a Chairman and may also appoint a Vice-Chairman from amongst the members of a Notified Area Authority referred to in clause (b) of sub-section (1). |
380. [***] [Section 380 omitted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994]
| Prior to omission the Section 380 read as;380. Consequences of application of the Act to a notified area.- (1) When any tax is imposed in a notified area under any of the provisions of this Act as extended to such area, the proceeds of such tax shall be expended in the same manner in which, and for the same purposes for which, the Municipal Fund may be expended by a Municipality.(2) When any provision of this Act or the rules or the regulations made thereunder is extended with or without modification to a notified area, such provision or rule or regulation shall, unless a different intention appears. operate as if the notified area were a municipal area and the powers and duties of the Chairman-in-Council were vested in the Chairman appointed under sub-section (2) of section 379 and those of the Board of Councilors, in the Notified Area Authority. |
| Prior to substitution the Section 381 read as;381. Abolition or alteration of a notified area.- The State Government may, at any time and in accordance with the provisions of this Act, by notification-(a) constitute a notified area or any part thereof to be a municipal area, or(b) include a notified area or any part thereof within a municipal area. |
382. [Consequences of constitution of notified area to be municipal area] [Substituted by the West Bengal Act 13 of 1995, w.r.e.f. 13.7.1994 for 'Consequences of abolition or alteration of notified area.'.].
-[(1) When the whole of a notified area is declared to be a municipal area under section 381, the Notified Area Authority for the notified area declared to be a municipal area shall be deemed to be the Municipality for such municipal area, and the Board of Councilors constituted after the general election of the said Notified Area Authority shall be deemed to be the Board of Councilors in relation to such Municipality and shall, unless dissolved earlier, hold office for the period of five years from the date appointed for the first meeting after the general election of the said Notified Area Authority and no longer.] [Inserted by ibid, w.r.e.f 13.7.1994.]383. [***] [Section 383 omitted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994]
| Prior to omission by the West Bengal Act 30 of 1994 the Section read as;383. Officers and other employees.- A Notified Area Authority may, subject to the approval of the State Government appoint such officer and other employees as may be necessary for the purpose of giving effect to the provisions of this Chapter. |
384. Special provision relating to non-municipal urban area.
385. Power to make rules.
385A. Constitution of industrial township.
385B. Application of the Act and the rules made thereunder.
385C. Consequences of application of the Act to an industrial township.
385D. Abolition or alteration of an industrial township.
- The State Government may, at any time and in accordance with the provisions of this Act, by notification,-385E. Consequences of abolition or alteration of an industrial township.
385F. Officers and other employees.
- An Industrial Township Authority may, subject to the approval of the State Government, appoint such officers and other employees as may be necessary for the purpose of giving effect to the provisions of this Chapter.385G. Power to make rules.
385H. [ Special provisions relating to annual valuation for an industrial township. [Inserted by Notification No. 25 of 2015, dated 23.11.2015.]
Part X – Powers, Procedures, Penalties And Savings
Chapter XXVI
Procedure
A. Licences and written permissions386. Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.
387. Powers of entry and inspection.
- The Board of Councilors or any officer or other employee of the Municipality authorized by the Board of Councilors or empowered by or under this Act in this behalf may enter into or upon any land or budding with or without assistants or workmen-388. Power to enter land or adjoining land in relation to any work.
389. Breaking into building.
390. Time of making entry.
- Save as otherwise provided in this Act of the rules or the regulations made thereunder, no entry into any place authorized by or under this Act shall be made except between the hours of sunrise and sunset :Provided that if the Chairman-in-Council is satisfied that the erection of any building or the execution of any other work has been commenced, or is being carried on, in any premises in contravention of the provisions of this Act or any other evasion of the provisions of this Act or the rules or the regulations made thereunder is being committed between the period of sunset and sunrise, it may, for reasons to be recorded in writing, enter such premises during such period to make an inspection thereof and take such action as may be necessary under this Act.391. Notice for entry.
- Save as otherwise provided in this Act or the rules or the regulations made thereunder, no land or building shall be entered without giving the owner or the occupier thereof, as the case may be, not less than twenty-four hours' written notice of the intention to make such entry.Provided that no such notice shall be necessary if the Chairman-in-Council considers, for reasons to be recorded in writing that there is immediate urgency for such entry and the service of a written notice may defeat its purpose.C. Public notices and advertisements392. Public notices how to be made known.
- Every public notice given under this Act or the rules or the regulations made thereunder shall be in writing under the signature of the Chairman or any officer of the Municipality authorized in this behalf by the Board of Councilors, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within such locality or by advertisement in local newspapers or by publishing the same otherwise as the Chairman-in-Council may think fit.D. Evidence393. Proof of consent etc. of Board of Councilors or any officer of the Municipality.
- Wherever under this Act or the rules or the regulations made thereunder the doing of, or the omission to do, or the validity of, anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of -394. Notices etc. to fix reasonable time.
- Where any notice, bill, order or requisition issued or made under this Act or the rules or the regulations made thereunder requires anything to be done, for the doing of which no time is fixed in this Act or the rules or the regulations made thereunder, such notice, bill, order or requisition shall specify a reasonable time for doing the same.395. Signature on notices etc. to be stamped.
396. Notice etc. by whom to be served or issued.
- Every notice, bill, summons or other document required by this Act or the rules or the regulations made thereunder to be served upon, or issued to, any person, shall be served or issued by an officer or other employee of the Municipality or by any person authorized by the Chairman in that behalf.397. Service of notices etc.
398. Time for complying with requisition or order, and power of Board of Councilors to enforce requisition or order in default.
399. Submission of objections to comply with notice.
400. Power of Board of Councilors to enter into agreement for payment of expenses in installments.
401. Execution of work by occupier on the failure of owner.
- Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or the rules or the regulations made thereunder, the occupier, if any, of such land or building may, with the approval of the Board of Councilors, execute such work and shall, subject to any agreement to the contrary between himself and the owner of such land or building, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct any amount thereof from the rent payable by him to such owner.402. Relief to receivers, agents and trustees.
403. General power of Municipality to pay compensation.
- In any case not otherwise expressly provided for in this Act or the rules or the regulations made thereunder, the Board of Councilors may pay compensation to any person who sustains damage by reason of the exercise of any power under this Act or the rules or the regulations made thereunder by any municipal authority or any officer of the Municipality.404. Compensation to be paid for damage to property of Municipality.
- Any person who has been convicted of an offence punishable under this Act or the rules or the regulations made thereunder shall. without prejudice to any punishment to which he may be subject, be liable to pay such compensation for any damage to any property of the Municipality resulting from such offence as the Board of Councilors may consider reasonable.405. Recovery of certain dues of Municipality.
- Save as otherwise provided in this Act or the rules or- the regulations made thereunder, any sum due to the Municipality on account of any charge, cost, expense, fee, rate or rent or on any other account under this Act or the rules or the regulations made thereunder shall be recoverable from the person from whom such sum is due as if it were a property tax:Provided that no proceedings for the recovery of any such sum under this section shall be commenced after the lapse of three years from the date on which such sum becomes due.I. Legal proceedings406. Power to institute etc. legal proceedings and obtain legal advice.
- The Board of Councilors may -407. Notice, limitation and tender of relief in suits against Board of Councilors etc.
408. Indemnity.
- No suit shall be maintainable against any municipal authority or any officer or other employee of the Municipality or any person acting under the direction of any municipal authority or any officer or other employee of the Municipality or of a Magistrate in respect of anything done lawfully and in good faith and with due regard to the provisions of this Act or the rules or the regulations made thereunder.J. Power and duties of Police-officers409. Co-operation of the police.
410. Power of police to arrest offenders.
411. Validity of notices and other documents.
- No notice, order, requisition, licence, written permission or any other document issued under this Act shall be invalid merely by reason of defect of form.412. Admissibility of document or entry as evidence.
- A copy of any receipt, application, plan, notice, order or other document or any entry in a register in the possession of any municipal authority shall, if duly certified by the lawful keeper thereof or other person authorized by the [Executive Officer] [Substituted 'Chairman' by Act No. 11 of 2017, dated 31.3.2017.] in this behalf, be admissible in evidence of the existence of such document or entry, and shall be admitted as evidence of the matters and the transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.413. Evidence of officer or other employee of Municipality.
-No officer or other employee of the Municipality shall, in any legal proceeding to which the Board of Councilors is not a party, be required to produce any register or document the contents of which, can be proved by certified copy or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.414. Prohibition against removal of mark.
- No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorized by this Act or the rules or the regulations made thereunder.415. Prohibition against removal or obliteration of notice.
- No person shall, without any authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under the orders of the Board of Councilors or any municipal authority or any officer of other employee of the Municipality empowered in this behalf.416. Prohibition against unauthorized intermeddling with property of the Municipality.
Chapter XXVII
Rules and Regulations
417. Power to make rules.
418. Power to amend Schedule.
- The State Government, on its own or on the recommendation of a Municipality or number of Municipalities, may by notification add to, amend, or alter any Schedule to this Act.419. Power to make regulations.
420. Regulations to be subject to approval of State Government.
- No regulation made by the Board of Councilors under this Act shall have any validity unless and until it is approved by the State Government.421. Power of State Government to cancel or modify regulations.
422. Penalty for breach of rules or regulations.
423. Rules and regulations to be available for inspection and purchase.
424. Doubts as to powers, duties or functions of municipal authorities.
- If any doubt arises as to the municipal authority to which any particular power, duty or function appertains, the Chairman shall refer the matter to the State Government and the decision of the State Government thereon shall be final.Chapter XXVIII
Delegation, Co-operation and Control
425. Delegation of power by the State Government.
426. Supervision by Director of Local Bodies.
427. Power of State Government to call for documents, returns or information from Chairman or any officer of Municipality.
- The State Government may, at any time.-428. Inspection of municipal works and institutions by Government officers.
- Any work or institution constructed or maintained, or any programme undertaken in whole or in part, at the expense of the Municipality and all registers, books. accounts or other documents relating thereto shall, at all times, be open to inspection by such officers as the State Government may appoint in this behalf.429. Power to suspend action under the Act.
429A. [***] [Omitted by section 11 of the West Bengal Act 8 of 2004]
[[Substituted by ibid, w.e.f. 5.9.1995 old section read as :'(2) The draft of regulations shall be published in the manner prescribed and shall not be proceeded with until the expiration of a period of one month from the date of such publication or such longer period as the Board of Councilors may appoint.'.]]| 429A. Power to remove the Chairman or the Vice-Chairman.- (1) Notwithstanding anything contained elsewhere in this Act, the State Government may, by an order in writing, remove, with effect from a date to be specified in the order, any Chairman or Vice-Chairman of any Municipality from his office if, in its opinion, he wilfully omits or refuses to carry out the provisions of this Act or of any rules or orders made thereunder or abuses the powers vested in him under this Act.(2) The State Government shall, before making any order under sub-section (1), give to the person concerned an opportunity of making a representation against the proposed order of removal. |
430. Powers of State Government in case of default.
431. Power of the State Government to intervene in case of gross neglect or serious irregularity.
432. Co-ordination for purposes of planning and development.
433. Civic participation.
433B. State Government to place officers and employees at the disposal of Municipalities.
434. Services of Municipal Engineering Directorate.
- The State Government may require the Municipality to avail of the services of the Municipal Engineering Directorate of the State Government [, or the Calcutta Metropolitan Development Authority, or any other development authority or development organization, or any department of the State Government, or any undertaking of the State Government] [Inserted by the West Bengal Act 22 of 2000, we.f. 1.9.2000.] in all matters in which the State Government considers such services necessary.435. Training and Research Programmes of Institute of Local Government and Urban Studies.
| Prior to substitution the Section 435 read as;435A. Financial and technical help by Darjeeling Gorkha Hill Council to Municipality.- The Darjeeling Gorkha Hill Council constituted under the Darjeeling Gorkha Hill Council Act, 1988 (West Bengal Act 13 of1988). may provide to a Municipality in the hill areas such financial and technical assistance as it may require in any emergent circumstances. |
436. [***] [Omitted by the West Bengal Act XLV of 1994. w.e.f. 10.10.1994]
| Prior to omission the Section read as;436. Appointment of officers for Municipalities from cadres of State Government.- Notwithstanding anything contained elsewhere in this Act, the State Government may appoint, from its own cadre, an officer to be posted for a Municipality or a group of Municipalities by way of support service on such terms and conditions as the State Government may decide :Provided that an officer so appointed shall be under the administrative control of the Chairman-in-Council and shall be withdrawn if the Board of Councilors so desires. |
437. Withdrawal of sections extended by State Government.
-Where there is any specific provision in any section of this Act for its being extended by the State Government to any municipal area. the State Government may, at any time, by order, withdraw such section if extended to any municipal area, from operation in such municipal area, and thereupon such section shall cease to be in force in the said municipal area from the date of such order.438. Disputes.
- If any dispute arises on any matter between the Board of Councilors and any other local authority or between the municipal authorities themselves, such dispute shall be referred to the State Government whose decision thereon shall be final and shall not be questioned in any Court.439. Savings as to certain suits and proceedings.
- (1 ) Any suit or other legal proceeding instituted, or any action taken, which but for the passing of this Act would have been instituted or taken by or against any Municipality or other municipal authority under the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), may be continued or instituted by the Municipality or the Board of Councilors, as the case may be, constituted or appointed under this Act.440. Penalties and punishments.
- Save as otherwise provided in this Act, whoever contravenes any provision of any of the sections, sub-sections, clauses or provisos, or any other provision of this Act as mentioned in column I of Schedule IV or fails to comply with any order or direction lawfully given to him or any requisition lawfully made to him under any of the aforesaid provisions, shall be punishable-(i)with fine which may extend to the amount, or with imprisonment for a term which may extend to the period, specified in that behalf in column 3 of the said Schedule or with both, and(ii)in the case of continuing contravention or failure, with an additional fine which may extend to the amount specified in column 4 of the said Schedule for everyday during which such contravention or failure continues after conviction upon first such contravention or failure.[441. Repeal and saving. - (1) With effect from the date of commencement of this Act, the Bengal Municipal Act, 1932 shall stand repealed.| 441. Repeal and savings.- (1) With effect from the date of coming into force of this Act, the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), shall stand repealed -(2) Notwithstanding such repeal, -(a) Every budget passed, loan taken, assessment made, building plan sanctioned, licence or permission or sanction granted or any other similar action taken under the Bengal Municipal Act, 1932, and in force at the commencement of this Act, and shall be deemed to have been passed, taken, made, sanctioned, granted or issued under this Act and shall, unless altered, modified, cancelled, suspended, or withdrawn, as the case may be, under this Act, remain in force for the period, if any, for which it was so passed, taken, made, sanctioned, granted or issued;(b) all properties, movable or immovable, all rights or whatever kind, used, enjoyed or possessed by, and all interest of whatever kind, owned, by, or vested in a Municipality as constituted under the Bengal Municipal Act, 1932, shall, at the commencement of this Act, be deemed to be owned by, or vested in, the Municipality as constituted under this Act;(c) all contracts made or liabilities incurred by a Municipality as constituted under the Bengal Municipal Act, 1932, and legally subsisting against such Municipality as constituted under this Act; and(d) all officers or other employees appointed under the Bengal Municipal Act, 1932, and continuing in office immediately before the commencement of this Act shall be deemed to have been appointed. |
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