ASANSOL MUNICIPAL CORPORATION ACT, 1990

Preamble - THE ASANSOL MUNICIPAL CORPORATION ACT, 1990

 

[1]THE ASANSOL MUNICIPAL CORPORATION ACT, 1990

[Act No. 31 of 1990]

[15th September, 1993]

PREAMBLE

An Act to provide for better administration of the municipal affairs of Asansol by the establishment of a Municipal Corporation.

Whereas it is expedient to provide for better administration of the municipal affairs of Asansol by the establishment of a Municipal Corporation;

It is hereby enacted as follows :-

 

 

Section 1 - Short title and commencement

 

(1)     This Act may be called the Asansol Municipal Corporation Act, 1990.

 

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

 

Section 2 - Definitions

 

In this Act, unless the context otherwise requires,-

[2] (A1) an article shall be deemed to be ?adulterated?-

(a)      in the case of drugs, if its strength, quality or purity falls below the professed standard under which it is sold or exposed for sale;

 

(b)      in the case of confectionery, if it contains any mineral substance or poisonous colouring or flavouring matter or other ingredients deleterious or detrimental to health; and

 

 

(c)      in the case of food,-

(i)       if any substance has been mixed or packed with it so as to reduce or lower or harmfully affect its quality or strength, or

 

(ii)      if any substance has been substituted wholly or in part for the article, or

 

 

(iii)     if any normal constituent of the article has been wholly or in part abstracted, or

 

(iv)    if it is mixed, coloured, powdered, coated or stained in a manner whereby deterioration or inferiority is concealed, or

 

 

(v)      if it does not comply with the standard prescribed therefor by or under this Act or under any other law for the time being in force, or

 

(vi)    if it contains or is mixed or diluted with any substance in any quantity to the prejudice of the purchaser or consumer or in any proportion which diminishes in any manner its food value or nutritive properties as compared with the same in a pure or normal state and in an undeteriorated and sound condition, or

 

 

(vii)   if it contains any added poisonous or other added deleterious ingredient which may render such article injurious to health, or

 

(viii)  if it is not of the nature, substance or quality which it purports or is represented to be ;

[3] (A2) ?Annual Development Plan? means the Annual Development Plan prepared under section 288;

[4] (A3) ?Asansol? means the area comprising the Asansol Municipality as constituted under the Bengal Municipal Act,1932 (hereinafter referred to in this clause as the said area):

Provided that the State Government may, by notification, add to the said area any local area contiguous to the said area, and thereupon such local area shall stand included in the said area ;

(1)     ?Assessment Book? means the Municipal Assessment Book and includes any book subsidiary thereto;

 

(2)     ?budget-grant? means the total sum entered on the expenditure side of a budget estimate under a Major head and adopted by the Corporation and includes any sum by which such budget-grant may be increased or reduced by transfer from one or the other head in accordance with the provisions of this Act and the regulations made thereunder;

 

 

(3)     ?building? means a house, out-house, stable, latrine, urinal, shed, part wall (other than a boundary Wall) or any other structure, whether of masonry, bricks, mud, metal or other material, but does not include any portable shelter;

 

(4)     ?bustee? means an area containing land not less than seven hundred square metres in area occupied by or for the purposes of any collection of huts or other structures used or intended to be used for human habitation;

 

 

(5)     ?bye-law? means a bye-law made by the Corporation under this Act;

 

(6)     ?cart? means any cart, hackney or wheeled vehicle with or without spring which is not a carriage, and includes a hand cart, a cycle van and a push van, but does not include any wheeled vehicle which is propelled by mechanical power or its trailer;

 

 

(7)     ?carriage? means any wheeled vehicle with springs or other appliances acting as springs, which is ordinarily used for the conveyance of human beings, and includes a jinrickshaw, a cycle-rickshaw, a bicycle and a tricycle, but does not include a perambulator or other form of vehicle designed for the conveyance of small children;

 

(8)     ?casual vacancy? means a vacancy occuring otherwise than by efflux of time in the office of a Councillor [5] [* * *] or in any other elective office;

[6] (8A) ?corporate sector? means a financial institution.

Explanation.-?Financial institution? shall mean-

(a)      a bank to which the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970,do not apply,

 

(b)      a financial institution which is not maintained or managed by the Central Government or the State Government,

 

 

(c)      a private company, or a limited company (being a public company), as defined in the Companies Act, 1956, not being a public financial institution within the meaning of section 4A of that Act, or

 

(d)      a co-operative society, by whatever name called, registered or deemed to have been registered under the West Bengal Co-operative Societies Act, 1983;

(9) ?Corporation? means the Asansol Municipal Corporation established under this Act;

(10) ?dairy? includes any farm, cattle-shed, cow-house, milkstore, milk shop or other place-

(a)      from which milk is supplied on or for sale, or

 

(b)      in which milk is kept for purposes of sale or used for manufacture or preparation for sale of-

 

 

(i)       butter, or

 

(ii)      ghee, or

 

 

(iii)     cheese, or

 

(iv)    curds, or

 

 

(v)      dried, sterilized, condensed or toned milk, but does not include-

 

(a)      a shop or other place in which milk is sold for consumption on the premises only, or

 

(b)      a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place;

(11) ?dairyman? includes any occupier of a dairy, any cow-keeper who trades in milk, or any wholesale or retail seller of milk;

(12) ?dangerous disease'' means-

(a)      cholera, plague, chicken-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diphtheria; and

 

(b)      any other epidemic, endemic or infectious disease which the Chief Executive Officer may, by notification, declare to be a dangerous disease for the purposes of this Act;

 

 

(13) ?Depot? means a place where articles are stored, whether for sale or for any other purpose but not for domestic consumption or use, in quantities exceeding two thousand kilograms;

[7] (13A) ?District Planning Committee? means the District Planning Committee constituted under sub-section (1) of section 3 of the West Bengal District Planning Committee Act, 1994, and includes the Siliguri Sub-Division Planning Committee;

(14) "domestic building" includes a dwelling house and any other masonry building which is neither a building of the warehouse class nor a public building as defined in this section nor a place exclusively used for private worship;

[8] (14A) ?Draft Development Plan? means the Draft Development Plan prepared under section 285;

(15) "dewelling house? means a masonry building, constructed, used or adopted to be used wholly or principally for human habitation;

(16) ?drain? includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste-water, rain water or sub-oil water;

[9] (17) ?edible oil? means coconut oil, cotton seed oil, groundnut oil, linseed oil, mahua oil, rapeseed oil, olive oil, poppy seed oil, safflower seed oil, taramira oil, til oil, niger seed oil, soyabeen oil, maize (corn) oil, refined vegetable oil, almond oil, water melon seed oil, imported rapeseed oil, palm oil, palmolein, palm kernel oil, sunflower seed oil, rice bran oil or mustard oil, in pure state, imported sealed oil labelled as such, any vegetable oil, prepared by hardening process such as hydrogenation and labelled as such and bearing in the label in English and Bengali the names of the oils entering into its composition, or any other oil which the State Government may, by notification, declare to be an edible oil for the purposes of this Act;

[10] (18) ?edible fat? means ghee or vegetable fat like vanaspati, and includes beef fat or suet, mutton fat, goat fat, lard, cocoa butter or refined salseed fat;

(19) ?entertainment? includes any exhibition, performance amusement, game or sport to which persons are ordinarily admitted on payment;

(20) ?factory? means a factory as defined in the Factories Act, 1948;

(21) ?filth? includes offensive matter and sewage;

(22) ?goods? includes animals;

(23) ?habitable room? means a room constructed or adapted for human habitation;

[11] (23A) ?holding? means land held under one title or agreement and surrounded by one set of boundaries:

Provided that where two or more adjoining holding form part and parcel of the site or premises of a dwelling house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purposes of this Act.

Explanation.-Holdings separated by a street or other means of communication shall be deemed to be adjoining holdings within the meaning of this clause;

(24) ?house drain? means any drain of one or more premises used for the drainage of such premises;

(25) ?house-gully? or ?service passage? means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle of filth or other polluted matter, by municipal employees or other persons employed in the cleansing thereof for the removal of such matter therefrom;

[12] (25A) ?household sector? includes?

(a)      a rural household or urban household.

Explanation I.-?Rural household? shall mean a household within a rural area as defined in the West Bengal District Planning Committee Act, 1994.

Explanation II.-?Urban household? shall mean a household within an urban area as defined in the West Bengal District Planning Committee Act, 1994.

(b)      a business undertaking, whether proprietorship or partnership, not being a body corporate as defined in the Companies Act, 1956, or

 

(c)      a trust for a public purpose of a charitable nature within the meaning of the Charitable and Religious Trusts Act, 1920;

(26) ?hut? means any building which is constructed principally of wood, bamboo, mud, leaves, pressed cloth or thatch, and includes any structure of whatever material it may be made, which the Corporation may declare to be a hut for the purposes of this Act;

[13] (27) ?infectious disease? or ?communicable disease? means an illness due to a specific infectious agent or its toxic products capable of being directly or indirectly transmitted from man to man or from animal to animal or from environment (through air, dust, soil, water or food) to man or animal, and declared as such by the State Government by notification;

(28) ?inhabited room? means a room in which some person passes the night or which is used as a living room, and includes a room with respect to which there is a reasonable presumption (until the contrary is shown) that some person passes the night there or that it is used as a living room;

(29) ?land? includes the benefits arising out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;

(30) ?licensed architect?, ?licensed draughtsman?, ?licensed engineer?, ?licensed plumber?, ?licensed surveyor? or ?licensed town planner? means respectively a person licensed under the provisions of this Act as an architect, draughtsman, engineer, plumber, surveyor or town planner;

(31) ?market? includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting, the market by the owners of the place or by any other person declared and licensed by the Corporation as a market;

(32) ?member?, in relation to the Corporation, means a Councillor 8[, and includes a person nominated under clause (b) of sub-section (1) of section 5];

[14] (33) ?milk? means the secretion derived from complete milking of healthy milch animals, free from colostrum, and includes buffalo milk, cow milk, goat or sheep milk, mixed milk, standardized milk, recombined milk, toned milk, doubletoned milk, or skimmed milk, raw, pasteurized, boiled, flavoured, or sterilized;

(34) ?municipal authority? means any of the municipal authorities specified in section 3;

(35) ?municipal drain? means a drain vested in the Corporation;

(36) ?municipal market? means a market vested in or managed by the Corporation;

(37) ?municipal slaughter house? means a slaughter house vested in or managed by the Corporation;

(38) ?municipal water works? means a water works vested in the Corporation;

(39) ?notification? means a notification published in the Official Gazette;

(40) ?nuisance? includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;

(41) ?Occupier? includes-

(a)      any person who, for the time being, is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;

 

(b)      an owner in occupation of, or otherwise using, his land or building;

 

 

(c)      a rent-free tenant of any land or building;

 

(d)      a licensee in occupation of any land or building; [15] [* *]

 

 

(e)      any person who is liable to pay to the owner damages for the use and occupation of any land or building; [16] [and]

[17] (f) occupier of a factory as defined in clause (n) of section 2 of the Factories Act, 1948;

(42) ?offensive matter? includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substance other than sewage;

(43) ?Official Gazette? means the Official Gazette of the State Government;

(44) ?owner? includes a person who, for the time being, is receiving or is entitled to receive the rent of any land or building, whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person, or who should so receive the rent or be entitled to receive it, if the land or building or part thereof were let to a tenant, and also includes-

(a)      the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950;

 

(b)      the General Manager of a railway and the head of the Government department, in respect of properties under their respective control;

(45) ?premises? means any land or building or part of a building, and includes-

(a)      the garden, ground and out-houses, if any, appertaining to a building or part of a building; and

 

(b)      any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof;

(46) ?prescribed? means prescribed by rules made under this Act;

(47) ?private street? means any street, which is not a public street, and includes any passage securing access to two or more places belonging to the same or different owners;

(48) ?private market? means a market which is not a municipal market;

(49) ?private slaughter house? means a slaughter house which is not a municipal slaughter house;

(50) ?public building? means a masonry building constructed, used or adopted to be used-

(a)      as a place of public worship or as a school, college or other place of instruction (not being a dwelling-house so used) or as a hospital, workshouse, public theatre, public cinema, public hall, public concert room, public ballroom, public lecture-room, public library or public exhibition room or as a public place of assembly, or

 

(b)      for any other public purpose; or

 

 

(c)      as a hotel, lodging house, home, refuge or shetler, where the building exceeds in cubical extent seven thousand cubic metres or has sleeping accommodation for more than one hundred persons;

(51) ?public place? means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not;

(52) ?public securities? means any securities of the Central Government or State Government or any securities guaranteed by the Central Government or a State Government or any securities issued under this Act or any debentures issued by the Bombay, Calcutta or Madras Municipal Corporation;

(53) ?public street? means any street, or the soil below the surface of any street, which under the provisions of this Act becomes, or is declared to be, a public street ;

(54) ?railway administration? has the meaning assigned to it in the Indian Railways Act, 1890;

(55) ?rate-payer? means a person liable to pay any rent, tax fee or licence-fee under this Act;

(56) ?reteable value? means the value of any land or building fixed in accordance with the provisions of this Act and the bye-laws made thereunder for the purpose of assessment to property taxes;

[18] (56A) ?recognised political party? means a National party or a State party recognised as such by the Election Commission of India by notification for the time being in force;?

(57) ?regulation? means a regulation made by the Corporation under this Act;

(58) ?reside? when used with reference to any person, means-

(a)      a person deemed to reside in any dwelling house which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and

 

(b)      a person not to be deemed to cease to reside in any such dwelling house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it;

(59) ?rubbish? includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth;

(60) ?rule? means a rule made by the State Government under this Act;

(61) ?service privy? means a fixed privy which is cleansed by hand, but does not include a movable commode;

(62) ?service urinal? means a fixed urinal which is cleansed by hand;

(63) ?sewage? means night-soil and other contents of latrines, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattle-sheds and other like places, and includes trade effluents and discharges from manufactories of all kinds;

(64) ?shed? means a slight or temporary structure for shed or shelter;

(65) ?slaughter house? means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption;

[19](65A) ?State Election Commission? means the West Bengal State Election Commission referred to in sub-section (1) of section 3 of the West Bengal State Election Commission Act, 1994;

(66) ?street? includes any way, road, land, square, court, allay, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or causeway;

(67) ?trade effluent? means any liquid, either with or without particle of matter in suspension therein which is wholly or in part produced in the course of any trade of industry carried on at trade premises, and, in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage;

(68) ?trade premises? means any premises used or intended to be used for carrying on any trade or industry;

(69) ?trade refuse? means the refuse of any trade or industry;

[20] (69A) ?Urban Development Sub-Committee? means the Urban Development Sub-Committee constituted under sub-section (4) of section 10 of the West Bengal District Planning Committee Act, 1994;?

(70) ?vehicle? incldes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and any other wheeled conveyance which is used or is capable of being used on a street;

(71) ?ward? means a municipal ward provided by order made under this Act for the purpose of election of Councillors;

(72) ?water course? includes any river, stream or channel, whether natural or artificial;

(73) ?water works? includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes and conduits and things used or intended to be used for the purpose of supplying water;

(74) ?workshop? means any premises (including the precincts thereof) [21][* * *] wherein any industrial process is carried on [22][ , and includes a factory];

(75) ?year? means a year commencing on the 1st day of April.

 

Section 3 - The municipal authorities

 

The following shall be the municipal authorities for the purposes of carrying out the provisions of this Act, namely :-

(a)      the Corporation,

 

(b)      the Mayor-in-Council, and

 

 

(c)      the Mayor.

 

Section 4 - The Corporation

 

(1)      With effect from such date as the State Government may, by notification, appoint, there shall be a Corporation charged with the municipal government of Asansol to be known as the Asansol Municipal Corporation.

 

(2)      The Corporation shall be a body corporate with perpetual succession and a common seal, and may by its name sue and be sued.

 

(3)      Subject to the provisions of this Act, the Corporation shall be entitled to acquire, hold and dispose of any property.

Section 5 - Constitution of the Corporation

(1)     The Corporation shall consist of the following members, namely :-

(a) not more than fifty and not less than thirty-five elected Councillors as may be determined by the State Government, and

[23] (b) such persons having special knowledge or experience in municipal administration as the State Government may nominate from time to time :

Provided that such persons shall not have the right to vote in the meetings of the Corporation.

(2)     The Councillors referred in clause (a) of sub-section (1) shall be elected by the constituencies, each constituency electing one Councillor, and for this purpose, each ward shall constitute a constituency.

 

 

Section 5A - Oath of allegiance to be taken by Councillors

 

[25] [(1) Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected to be a Councillor [26][* * *] shall, before taking his seat, make and subscribe before an officer appointed by the State Government an oath or affirmation of his allegiance to the Constitution of India in the following form :-

?I, A. B., having been elected a Councillor [27][* * *] of the Corporation, do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established and that I will fatihfully discharge the duties upon which I am about to enter.?.

(2) Any person who, having been elected a Councillor [28][* * * *] fails to make and subscribe, within three months of the date on which his term of office commences, the oath or affirmation under sub-section (1), shall cease to hold his office and his seat shall be deemed to have become vacant :

Provided that the State Government may, for reasons to be recorded in writing, extend in each case or class of cases the above period of three months by such period as it thinks fit.

(3) Any Councillor [29][* * *] nominated by the Mayor as the Deputy Mayor or a member of the Mayor-in-Council under sub-section (2) of section 8, shall assume office forthwith after taking the oath of secrecy [30][before the Mayor] in the following form :-

?I, A. B., do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as Deputy Mayor/a Member of the Mayor-in-Council except as may be required for the due discharge of my duties as such Deputy Mayor/Member of the Mayor-in-Council.

 

 

Section 6 - Election of Mayor and Chairman

 

The elected members of the Corporation shall elect from amongst themselves-

(a)      at the first meeting of the Corporation after a general election,-

 

(i)       one member to be the Mayor, and

 

(ii)      one member to be the Chairman, and

 

(b)      so often as a vacancy in the office of the Mayor or the Chairman, as the case may be, occurs by reason of death, resignation, removal or otherwise and within one month of the occurrences of such vacancy, one member to be the Mayor or the Chairman, as the case may be, [31][and the Mayor or, as the case may be, the Chairman so elected shall assume office forthwith after taking the oath of secrecy [32](in the form as laid down in sub-section (3) of section 5A before the member who shall preside over the first meeting of the corporation under sub-section (2) of section 45)].

 

 

Section 7 - Terms of office of Mayor and Chairman

 

(1)      A Mayor or a Chairman, as the case may be-

 

(a)      shall cease to hold office as such forthwith if he ceases to be a member of the Corporation;

 

(b)      may, at any time, by giving notice in writing to the Corporation, resign his office and such resignation shall take effect from such date as may be specified in the notice or, if no such date is specified, from the date of its receipt by the Corporation;

 

 

(c)      may be removed from office by a resolution carried by a majority of the total number of elected members of the Corporation at a special meeting of the Corporation called for this purpose upon a requisition made in writing by not less than one-third of the elected members of the Corporation :

Provided that no such resolution shall be moved before the expiry of six months from the date of assumption of office by a Mayor or a Chairman, as the case may be :

Provided further that if such resolution is not carried by a majority of the total number of elected members of the Corporation, no further resolution for the removal of the Mayor or the Chairman, as the case may be, shall be moved before the expiry of a period of six months from the date on which the former resolution was moved.

(2)      Notwithstanding the provisions of sub-section (1), except when an order of [33][dissolution has been made under the provisions of this Act, the Mayor or the Chairman, as the case may be, whose office becomes vacant by reason of the provisions of sub-section (1), shall continue to hold office as such until his successor, elected under the provisions of this Chapter, enters upon his office.

 

 

Section 8 - Constitution of Mayor-in-Council

 

(1)     There shall be a Mayor-in-Council consisting of the Mayor, the Deputy Mayor and such number of other elected members of the Corporation, not exceeding [34][seven], as the State Government may from time determine.

 

(2)     The Deputy Mayor and [35][other members] referred to in sub-section (1) shall be nominated by the Mayor [36][from amongst the elected members of the Corporation] as soon as possible after he assumes office.

 

 

(3)     Any casual vacancy in the office of the Deputy Mayor or other member referred to in sub-section (1) by reason of death, resignation, removal or otherwise shall be filled up by the Mayor:

Provided that no act or proceedings of the Mayor-in-Council shall be called in question or shall become invalid merely by reason of any vacancy in the office of the Deputy Mayor or other members referred to in sub-section (1).

(4)     The manner of transaction of business of the Mayor-in-Council shall be such as may be determined by the Corporation by regulations.

 

(5)     The Mayor-in-Council shall be collectively responsible to the Corporation.

 

 

Section 9 - Terms of office of members of Mayor-in-Council

 

A member of the Mayor-in-Council other than the Mayor shall hold office [37][from the date of his taking the oath of secrecy as Deputy Mayor or as a member of the Mayor-in-Council, as the case may be, under sub-section (3) of section 5A] until-

(a)      he ceases to be a member of the Corporation, or

 

(b)      he resigns his office by writing under [38] [his] hand addressed to the Mayor 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 Mayor, or

 

 

(d)      the Mayor ceases to hold office [39] [for any reason other than the reason of death], or

 

(e)      a newly elected Mayor in the event of the death of a Mayor enters upon his office.

 

 

Section 10 - Municipal Accounts Committee

 

(1)     The Corporation shall, at its first meeting in each year or as soon as may be at any meeting subsequent thereto, constitute a Municipal Accounts Committee.

 

(2)     The Municipal Accounts Committee shall consist of-

 

 

(a)      such number of persons, not being less than three and more than five, as the Corporation may determine, to be elected by the members of the Corporation form amongst themselves in accordance with the system of proportional representation by means of the single transferable vote by secret ballot, the members of the Mayor-in-Council not being eligible for election; and

 

(b)      such number of persons, not being more than two and not being members or officers or other employees of the Corporation, having knowledge and experience in financial matters, as may be nominated by the Mayor-in-Council.

 

 

(3)     The members of the Municipal Accounts Committee shall elect from amongst themselves one member to be its Chairman.

 

(4)     Subject to the other provisions of this Act, the members of the Municipal Accounts Committee shall hold office till a new Committee is constituted.

 

 

(5)     Subject to the provisions of this Act and the rules and the regulations made thereunder, it shall be the duty of the Municipal Accounts Committee-

 

(a)      to examine the accounts of the Corporation showing the appropriation of sums granted by the Corporation for its expenditure and the annual financial accounts of the Corporation;

 

(b)      to examine and scrutinise the report on the accounts of the Corporation by the auditors appointed under the provisions of this Act and to satisfy itself that the moneys shown in the accounts as having been disbursed were available for, and applicable to, the services or purposes to which they have been applied and that the expenditure was incurred in accordance with the authority governing the same;

 

 

(c)      to submit a report to the Corporation every year and from time to time on such examination and scrutiny;

 

(d)      to consider the report of the auditor in cases where the Corporation requires him to conduct a special audit of any receipt or expenditure of the Corporation or to examine the accounts of stores and stocks of the Corporation; and

 

 

(e)      to discharge such other functions as may be prescribed.

 

(6)     The Municipal Accounts Committee may call for any book or document relating to the accounts of the Corporation under examination and may send for such officers of the Corporation as it may consider necessary for explaining any matter in connection with such examination.

 

(7)     The manner of transaction of business of the Municipal Accounts Committee shall be such as may be determined by the Corporation by regulations :

Provided that the persons nominated under clause (b) of sub-section (2) shall have been no right of voting at the meeting of the Municipal Accounts Committee.

 

Section 11 - Borough Committee

 

(1)     The Corporation shall, at its first meeting after the election of members thereto or as soon as may be thereafter, group the wards into five boroughs so that each borough consists of not less than seven contiguous wards and constitute a Borough Committee for each Borough.

 

(2)     Each Borough Committee shall consist of the Councillors [40] [* * *] elected from the wards constituting the Borough.

 

 

(3)     A member of the Borough Committee representing a constituent ward shall hold office till he ceases to be the Councillor representing such ward.

 

(4)     The member of each Borough Committee shall elect from amongst themselves one member to be its Chairman [41] [who shall not be a member of the Mayor-in-Council or the Chairrman of the Corporation].

 

(5)     The Chairman may at any time resign his office by giving notice in writing to the Mayor and the resignation shall take effect from the date of its acceptance by the Mayor.

 

(6)     A Borough Committee shall, subject to the general supervision and control of the Mayor-in-Council, discharge within the local limits of the Borough the functions of the Corporation relating to, collection and removal of garbage, house connections for water supply and sewerage, removal of accumulated water on streets and public places due to rain or any other causes, health immunisation services, improvement of bustee and such other functions as the Corporation may require it to discharge or as may be specified by regulations, and the officers and employees of the Corporation working within the local limits of the borough shall carry out the directions of the Borough Committee in this behalf.

 

 

(7)     The manner of transaction of business of the Borough Committee shall be such as may be determined by the Corporation by regulations.

 

 

Section 11A - Ward Committee

 

[42] [(1) Each ward of the Corporation shall have a Ward Committee.

(2) The composition and the functions of the Ward Committee shall be such as the State Government may determine by notification.

(3) The Councillor elected from a ward shall be the Chairperson of the Ward Committee for that ward.

 

 

Section 12 - Remuneration and facilities of Mayor, Chairman, Deputy Mayor, members of the Mayor-in-Council 1[, Leader of the Opposition] and members of Committee

 

The Mayor, the Chairman, the Deputy Mayor, the members of the Mayor-in-Council [43] [, the Leader of the Opposition] and the members of the Committee constituted in accordance with the provisions of this Chapter[44] [, except the Ward Committee constituted under section 11A,] shall be given such remuneration and facilities as may be prescribed.

[45]Explanation.-?Leader of the Opposition?, in relation to the Corporation, shall mean that Councillor of the Corporation who is, for the time being, the Leader of the party in opposition to the Corporation having the greatest numerical strength and recognised as such by the Mayor:

Provided that where there are two or more parties in opposition to the Corporation having the same numerical strength, the Mayor shall, having regard to the status of the parties, recognise any one of the Leaders of such parties as the Leader of the Opposition for the purposes of this section and such recognition shall be final and conclusive.

 

Section 13 - Appointment of special committees

 

(1)     The Corporation may, if so decided at a meeting, constitute special committees for discharge of any specific function or making enquiry and report on any specific matter with such powers, functions or duties as may be provided in a resolution in this behalf.

 

(2)     Such Committee shall consist of such members of the Corporation and such other persons, not exceeding one-third of such members, as the Corporation may decide.

 

 

(3)     The Committee shall formulate its own procedure for conduct of business, subject to the approval of the Corporation.

 

Section 14 - Officers of the Corporation

 

(1)     The Corporation shall have the following officers, namely:-

 

(a)      the Chief Executive Officer,

 

(b)      the Chief Engineer,

 

(c)      the Health Officer,

 

 

(d)      the Finance Officer,

 

(e)      the Assessor,

 

 

(f)       the Collector of taxes, and

 

(g)      the Secretary.

 

(2)     The Chief Executive Officer and the Finance Officer shall be appointed-

 

(a)      by the State Government in consultation with the Mayor-in-Council, by notification, from amongst persons who are or have been in the service of the Government, or

 

(b)      if so directed by the State Government, by the Mayor-in-Council in consultation with the State Public Service Commission:

Provided that the appointment of such officers shall be on such terms and conditions and for such period, not exceeding five years in the first instance, as the State Government may determine:

Provided further that the State Government may, in consultation with the Mayor-in-Council, extend the period from time to time, so, however, that the total period of extension does not exceed five years.

(3)     The other officers referred to in sub-section (1) shall be appointed by the Mayor-in-Council in consultation with the State Public Service Commission.

 

(4)     The method of, and the qualifications required for, recruitment, and the terms and conditions of service including discipline, control and conduct, of the officers appointed by the Mayor-in-Council shall be such as may be prescribed.

 

(5)     Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, at any time in the case of any officer appointed under sub-section (2) as the Chief Executive Officer or the Finance Officer, terminate his appointment as such:

Provided that if, in the case of any such officer, the Mayor-in-Council so decides, the State Government shall terminate the appointment of such officer.

 

Section 15 - Salary and other conditions of service of Chief Executive Officer and other Officers appointed by the State Government

(1)     The Chief Executive Officer and the Finance Officer shall be paid out of the Municipal Fund such salaries and allowances as may, from time to time, be determined by the State Government:

[46]Provided that the Mayor-in-Council may, with the prior approval of the State Government, sanction remuneration to the Chief Executive Officer and the Finance Officer in addition to the salaries and allowances referred to in this sub-section:

[47]Provided further that if the Chief Executive Officer or the Finance Officer is an officer in the service of the State Government, the Corporation shall make such contribution towards his salaries and allowances as may be required by or under the conditions of his service under the State Government.

(2)     If any of the officers referred to in sub-section (1) is in the service of Government, the Corporation shall make such make such contribution towards his passages, leave allowances, pension and provident fund as may be required by or under the conditions of his service under Government or the terms and conditions of his service under the Corporation, as the case may be, to be paid by or for him.

 

(3)     If any of the officers referred to in sub-section (1) is not an officer in the service of Government, his leave allowances, retirement benefits and contribution to provident fund shall be such as may be prescribed:

Provided that-

(a)      the amount of leave and leave allowances or retirement benefits shall in no case, except with the special sanction of the State Government, exceed the amount admissible to Government servants of equivalent rank, and

 

(b)      the conditions of grant of such leave and the conditions or retirement shall in no case, except with the special sanction of the State Government, be more favourable than those for the time being applicable to such Government servants.

 

 

Section 16 - Establishment of the Corporation

 

(1)     The posts of officers and employees of the Corporation, other than those referred to in sub-section (1) of section 14, shall constitute the establishment of the Corporation.

 

(2)     The Corporation shall, by regulation, classify the posts of officers and employees constituting the establishment of the Corporation into such categories as it may consider necessary and shall maintain a Schedule of posts indicating the designation, grade and number of sanctioned posts within such category.

 

 

(3)     The Mayor-in-Council shall consider any proposal for revision in the Schedule of posts and place the same with its recommendation, if any, before the Corporation for approval before the presentation of the budget estimate to the Corporation by the Mayor:

Provided that no upward revision of the size of the establishment of the Corporation shall be made without the prior sanction of the State Government if the number of posts to be created in a year is more than one per cent, of the total number of posts comprised in the establishment:

Provided further that no posts carrying a monthly salary of more than two thousand rupees or a salary rising by periodical increments to more than two thousand rupees shall be created without the sanction of the State Government.

 

Section 17 - Appointment

 

(1)     The method of, and the qualification required for, recruitment to posts of different categories constituting the establishment of the Corporation shall be such as may be prescribed.

 

(2)     Subject to the provisions of this Act, appointment to all the posts of officers and employees constituting the establishment of the Corporation shall be made by the Chief Executive Officer with the approval of the Mayor-in-Council.

 

Section 17A - Compulsory retirement of officers and employees of Corporation

 

[48] [(1) Notwithstanding anything contained in this chapter or elsewhere in this Act or the rules made thereunder, an officer or other employee of the Corporation shall retire from service compulsorily with effect from the afternoon of the last day of the month in which he attains the age of sixty years.

(2) No officer or other employee of the Corporation shall be reemployed after retirement in any post of the Corporation without the prior sanction of the State Government.

 

 

Section 18 - Terms and conditions of service of officers and employees

 

The Corporation may, by regulation, provide for the terms and conditions of service including discipline, control and conduct of officers and other employees constituting the establishment of the Corporation.

 

Section 19 - Constitution of Municipal Service Commission

(1)     The Corporation may constitute a Municipal Service Commission to be known as the Asansol Municipal Service Commission consisting of-

 

(a)      a Chairman, and

 

(b)      two other members.

 

 

(2)     The Chairman and one of the other members shall be nominated by the Mayor-in-Council and one member shall be nominated by the State Government

 

(3)     The Municipal Service Commission Shall Perform such duties and in such manner as may be prescribed.

 

 

(4)     The State Government shall also prescribe by rules-

 

(a)      the terms of office, salaries, allowances (if any) and conditions of service, (including those for appointment of a casual or part-time nature) of the Chairman and other members of the Municipal Service Commission,

 

(b)      the number of officers and other employees of the Municipal Service Commission and their salaries and allowances, and

 

 

(c)      the terms and conditions of service including appointments of casual or part-time naure as well as discipline, control and conduct of officers and other employees of the Municipal Service Commission.

 

Section 20 - Payment of salaries and allowances of the Chairman and other members, officers and employees of the Municipal Service Commission

 

The salaries and allowances, if any, of the Chairman and other members of the Municipal Service Commission and the officers, and other employees thereof shall be paid from the Municipal Fund.

 

Section 21 - Selection of personnel

 

(1)     Notwithstanding the povisions of section 19 or section 20, the Municipal Service Commission (hereinafter referred to in this section as the said Commission) constituted under sub-section (1) of section 26 of the Calcutta Municipal Corporation Act, 1980 (hereinafter referred to in this section as the said Act), shall, by virtue of sub-section (5A) of section 26 of the said Act, select such personnel for the Corporation as may be determined by the State Government by notification under sub-section (5A) of section 26 of the said Act, and it shall be binding on the Corporation to appoint the personnel selected by the said Commission.

 

(2)     Any amount of contribution payable by the Corporation under sub-section (2) of section 27 of the said Act shall, in accordance with the provisions of sub-section (2) of section 27 of the said Act, be credited by the Corporation to the Municipal Fund of the Calcutta Municipal Corporation.

 

Section 22 - Powers and functions of the Mayor-in-Council

 

(1)     Subject to the provisions of this Act and the rules and the regulations made thereunder, the executive power of the Corporation shall be exercised by the Mayor-in-Council.

 

(2)     All executive actions of the Mayor-in-Council shall be expressed to be taken in the name of the Corporation.

 

Section 23 - Powers and functions of the Mayor

 

(1)     The Mayor shall exercise such powers and discharge such functions as are conferred on him by or under this Act.

 

(2)     The Mayor shall preside over a meeting of the Mayor-in-Council which shall meet at such place and at such time as the Mayor may direct.

 

 

(3)     The matters to be discussed at a meeting of the Mayor-in-Council shall be prepared under the direction of the Mayor and shall be circulated to the members of the Mayor-in-Council in such manner as the Mayor may determine.

 

(4)     The Mayor shall allot among the members of the Mayor-in-Council such business of the Corporation and in such manner as he thinks fit.

 

 

(5)     The Mayor may, if he is of opinion that immediate execution of an work (which ordinarily requires the approval of the Corporation or the Mayor-in-Council) is necessary, direct the execution of such work:

Provided that the Mayor shall report forthwith to the Corporation or the Mayor-in Council, as the case may be, the action taken under this sub-section and the reasons therefor.

 

Section 24 - Deputy Mayor to act as Mayor or to discharge the functions of Mayor during casual vacancy in the office of Mayor or during the absence of Mayor

 

(1)     In the event of the occurrence of any vacancy in the office of the Mayor by reason of his death, the Deputy Mayor shall act as Mayor until the date on which a new Mayor elected in accordance with the provisions of this Act to fill such vacancy enters upon his office.

 

(2)     When the Mayor is unable to discharge the functions of the Mayor owing to absence, illness or any other cause, the Deputy Mayor shall discharge his functions until the date on which the Mayor resumes his duties.

 

 

(3)     Subject to the other provisions of this Act, the Deputy Mayor shall, while acting as, or discharging the functions of, the Mayor under this section, have all the powers of the Mayor.

 

Section 25 - Powers and functions of the Chief Executive Officer

 

The Chief Executive Officer shall be the principal executive officer of the Corporation and shall, subject to the supervision and control of the Mayor,-

(a)      exercise the powers and perform the functions specifically conferred or imposed on him by or under this Act or by any other law for the time being in force;

 

(b)      assign the duties, and exercise supervision and control over the acts and proceedings, of all officers and employees of the Corporation;

 

 

(c)      be responsible for the custody of all records other than the papers and documents connected with the proceedings of the Corporation and the Mayor-in-Council and the Municipal Accounts Committee, and shall preserve the same in such manner and for such period as may be determined by regulations;

 

(d)      be responsible for the preparation of the annual report on the working of the Corporation and such report shall be prepared as soon as may be after the first day of April each year and not later than such date as may be fixed by the State Government and shall be placed before the Corporation for consideration before the same is forwarded to the State Government.

 

Section 26 - Powers and functions of the Secretary

 

(1)     The Secretary shall be the Secretary to the Corporation and the Municipal Accounts Committee and of other Committees, if any, and shall exercise such powers and discharge such functions as are conferred on him by or under this Act or as may be assigned to him by the Chief Executive Officer.

 

(2)     The Secretary shall be responsible for the custody of all papers and documents connected with the proceedings of the Corporation and the Municipal Accounts Committee and of other Committees, if any, and shall preserve the same in such manner and for such period as may be determined by regulations.

 

Section 27 - Financial powers of the Corporation, Mayor-in-Council and Chief Executive Officer

 

The financial powers of the Corporation, the Mayor-in-Council and the Chief Executive Officer shall be such as may be prescribed.

 

Section 28 - Delegation of powers and functions

(1)     The Corporation may by resolution delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Mayor-in-Council.

 

(2)     The Mayor-in-Council may by order delegate, subject to such conditions as may be specified in the order, any of its powers or functions to the Mayor or the Chief Executive Officer.

 

 

(3)     Subject to such standing orders as may be made by the Mayor-in-Council in this behalf,-

 

(a)      the Mayor may by order delegate, subject to such conditions as may be specified in the order, any of his powers or functions to the Deputy Mayor or to the Chief Executive Officer;

 

(b)      the Chief Executive Officer may by order delegate, subject to such conditions as may be specified in the order, any of his powers or functions to any other officer or any employee of the Corporation; and

 

(c)      any officer of the Corporation other than the Chief Executive Officer may by order delegate, subject to such conditions as may be specified in the order, any of his powers or functions to any other officer sub-ordinate to him.

 

 

(4)     Notwithstanding anything contained in this section, the Mayor-in- Council, the Mayor, the Chief Executive Officer, or the other officer referred to in clause (c) of sub-section (3) shall not delegate-

 

(a)      any of its or his powers or functions delegated to it or him under this section, or

 

(b)      such of its or his powers or functions as may be prescribed.

 

Section 29 - Doubts as to powers of functions of municipal authorities

 

If any doubt arises as to whether any particular power or function appertains to any municipal authority or the Chief Executive Officer, the Mayor shall refer the matter to the State Government and the decision thereon of the State Government shall be final.

 

Section 30 - Election to Corporation

 

Election of Councilors [49] [* * *].

[50] [The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Corporation shall vest in the State Election Commission.

 

  

 

Section 31 to 39 - [Omitted

 

 

 

Section 40 - Term of office of Councillors

 

Term of office of Councillors [52] [* *]

[53] [Subject to the provisions of section 83 of the West Bengal Municipal Elections Act, 1994 [54] (and section 40A of this Act), a Councillor] [55] [* * *] shall hold office for a term of five years [56] [from the date appointed for the first meeting of the Corporation and no longer:]

Provided that a Councillor [57] [* * *] elected against a casual vacancy shall hold office for the unexpired portion of the term of office of the Councillor [58] [* * *] whose place he fills.

(2) A Councillor [59] [* * *] may, at any time, by giving notice in writing to the Chairman, resign his office and such resignation shall take effect from such date as may be specified in the notice, or if no such date is specified, from the date of its receipt by the Chairman.

 

 

Section 40A - Disqualification for being a Councillor on change of political party by the Councillor

 

[60] [(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, such competent authority for the Corporation as may be appointed by the State Government by notification in this behalf (hereinafter referred to in this section as the competent authority), may, subject to the other provisions of this section, declare, for reasons to be recorded in writing, a Councillor to be disqualified for being a Councillor thereof, if-

(a)      he is an elected Councillor set up by a recognised political party and has-

 

(i)       voluntarily given up his membership of such recognised political party, or

 

(ii)      exercised the voting right contrary to the manner of voting of the majority of the Councillors who are the members of such recognised political party in the Corporation, or

 

 

(b)      he is an elected Councillor set up by a recognised political party and he has joined a recognised political party on the expiry of six months from the date of election:

Provided that the competent authority shall not declare any Councillor to be disqualified under this section without giving to such Councillor a reasonable opportunity to represent his case and, to be heard in person:

Provided further that an elected Councillor referred to in 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 Councillor was taken on obtaining prior permission of, or was condoned by, such recognised political party, or

 

(b)      such Councillor claims that he and any other Councillors, who are the members, of such recognised political party, constitute in the Corporation a group representing a faction consisting of not less than one-third of the total number of Councillors set up by such recognised political party in the Corporation and that all the Councillors constituting such group have voluntarily given up their membership of such recognised political party, or

 

 

(c)      the former recognised political party of the Councillor merges with another recognised political party, and he claims that he and the other members of his former recognised political party-

 

(i)       have become members of such other recognised political party or of a new recognised 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 Councillors constituting not less than one-third of the total number of Councillors set up by the former recognised political party in the Corporation, have opted to remain members of the former recognised political party or have formed a new recognised political party.

(2) On being declared to be disqualified under sub-section (1), a Councillor shall, subject to the provisions of sub-section (12), stand removed from the Corporation from the date of such declaration.

(3) As soon as may be within one month from the date of the first meeting of the Corporation or within one month from the date on which this section comes into force, as the case may be, the elected Councillors set up by the recognised political parties shall, by adopting a resolution, select one Councillor from amongst themselves to be the Leader and such Leader shall, within fifteen days from the date of such selection, furnish to the competent authority referred to in sub-section (1)-

                                           i.                  a copy of the resolution,

 

                                         ii.                  a signed statement containing the names, addresses and Constituencies of himself and other Councillors set up by such recognised political party, and

 

                                      iii.                  a copy of a set of rules and regulations, if any, by whatever name called, of such recognised political party:

Provided that an office-bearer may also hold the office of the Leader:

Provided further that the competent authority shall not refuse to accept, or to rely on, the documents furnished by the Leader merely on the ground that the resolution selecting the Leader was not adopted within one month from the date of the first meeting of the Corporation or within one month from the date on which this section comes into force, as the case may be, or that the documents as aforesaid were not furnished to him within fifteen days from the date of such selection.

(4) Where there is only one elected Councillor set up by a recognised political party in a Corporation, he shall furnish the documents referred to in sub-section (3) in relation to himself:

Provided that in the event of any increase in the number of Councillors who are the members of such recognised political party, the provisions of sub-section (3) shall apply as if the first meeting of the Corporation was held or this section came into force, as the case may be, on the date on which such increase took place.

(5) A Councillor not belonging to any recognised political party shall furnish a statement to that effect to the competent authority within one month from the date of the first meeting of the Corporation.

(6) In the event of any change of the information furnished under sub-section (3), sub-section (4) or sub-section (5), the Leader or the Councillor, as the case may be, shall, as soon as may be within fifteen days from the date of such change, furnish in writing such change of information to the competent authority.

(7) The Leader referred to in sub-section (3), who is a member of a recognised political party, may at any time file a petition endorsed by the General Secretary, or, if there is no General Secretary, the Secretary, of the district unit of such recognised political party to the competent authority, stating that-

(a)      one or more Councillors who are the members of such recognised political party have-

 

(i)       voluntarily given up his or their membership of such recognised political party, or

 

(ii)      have exercised the voting right contrary to the manner of voting of the majority of the Councillors set up by such recognised political party in the Corporation, or

 

 

(b)      the Councillor referred to in sub-section (4) has voluntarily given up his membership of the recognised political party that set him up, or

 

(c)      the Councillor referred to in sub-section (5) has joined a recognised political party on the expiry of six months from the date of election, and that such Councillor or Councillors should be declared to be disqualified under sub-section (1) and should be removed from the Corporation.

(8) Every petition referred to in sub-section (7)-

(a)      shall contain a concise statement of the material facts on which the petitioner relies, and

 

(b)      shall be accompanied by copies of the documentary evidence, if any, on which the petitioner relies and, where the petitioner relies on any information furnished to him by any person or persons, a statement containing the names and addresses of such person or persons and the gist of such information as furnished by such person or each of such persons.

(9) On receipt of the petition referred to in sub-section (7), the competent authority shall, as soon as possible within six weeks from the date of the receipt of such petition, proceed to make an enquiry to satisfy himself, among others, as to-

(a)      the common decision in regard to the manner of voting to be exercised by the majority of the Councillors set up by the recognised political party, and

 

(b)      whether the Councillor or Councillors, against whom such petition is filed, exercised the voting right in a meeting of the Corporation contrary to such manner of voting.

(10) For the purpose of enquiry under sub-section (9), the competent authority may summon such members of the recognised political party or other persons and may require such signed statement from, and production of such documents and records by, the members or other persons as aforesaid, as he may deem necessary.

(11) As soon as possible within eight weeks from the date of receipt of the petition referred to in sub-section (7), the competent authority shall, in consideration of the statements, documents and records before it,-

(a)      reject the petition, or

 

(b)      admit the petition wholly or in part and declare any member or members of such recognised political party to be disqualified under sub-section (1) for being Councillor or Councillors of the Corporation.

(12) Any Councillor declared disqualified under sub-section (1) or the Leader of the recognised political party referred to in sub-section (7), if aggrieved by the decision of the competent authority, may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the competent authority, and after giving the appellant and the opposite parties an opportunity of being heard, set aside or confirm the order or declare any Councillor or Councillors to be disqualified under, and in accordance with the provisions of, sub-section (1) and, upon such declaration, the Councillor or Councillors shall stand removed from the Corporation.

(13) The order passed by the authority referred to in sub-section (12) on the appeal shall be final.

(14) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, no court shall have any jurisdiction in respect of any matter arising out of a Councillor being declared to be disqualified under sub-section (1) for being a Councillor.

Explanation.-For the purposes of this section, an elected Councillor shall be deemed to be set up by a recognised political party if he has contested election with the symbol reserved for such recognised political party or if he has contested election with a free symbol and joins a recognised political party and furnishes a declaration to that effect to the competent authority before the expiry of six months from the date of election.

 

 

Section 43 - Nomination of a panel of presiding officers

 

(1)      The Chairman shall at the beginning of each calendar year nominate from amongst the elected members of the Corporation a panel of not more than three Presiding Officers and specify a sequence in which any one of them may preside over the meetings of the Corporation in the absence of the Chairman.

 

(2)      A member nominated under sub-section (1) shall hold office until a new panel of presiding officers is nominated.

 

Section 44 - Meetings

 

(1)     The Corporation shall meet not less than once in every month for the transaction of business.

 

(2)     The Chairman may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-third of the elected members of the Corporation, convene a meeting of the Corporation.

 

 

(3)     Any meeting may be adjourned until the next or any subequent date, and an adjourned meeting may be further adjourned in the like manner.

 

Section 45 - First meeting of the Corporation after general election

 

(1)     The first meeting of the Corporation after a general election shall be held [62] [within thirty days] after the publication of the results [63] [thereof] and shall be convened by the Chief Executive Officer. [64] [Clear seventy two hours' notice shall be given for the meeting.]

 

(2)     Notwithstanding anything contained in this Act, the first meeting of the Corporation for the election of the Mayor and the Chairman shall be presided over by a member to be nominated by the State Government in this behalf:

Provided that such member shall not himself be a candidate for such election.

(3)     In the case of equlaity of votes obtained by the candidates for election as Mayor or Chairman, the election shall be made by lot to be drawn in presence of the candidates in such manner as the Presiding Officer may determine.

 

(4)     The Presiding Officer shall report to the State Government the names of the persons elected as Mayor or Chairman and the State Government shall publish such names in the Official Gazette.

 

 

Section 45A - Notice of meeting

 

[65] [Notice of every meeting, other than the first meeting, of the Corporation shall be given by the Chief Executive Officer under the direction of the Chairman to all the members in the manner provided in section 46 at least seven days before the date fixed for the meeting.

Section 46 - List of business

 

[66] [List of business]

A list of the business to be transacted at every meeting of the Corporation except at an adjourned meeting shall be sent by the Chief Executive Officer to the registered address of each member of the Corporation at least seventy-two hours before the time fixed for such meeting; and no business shall be brought before, or transacted at, any meeting other than the business of which notice has been so given:

Provided that any member of the Corporation may send or deliver to the Chief Executive Officer notice of any resolution so as to reach him at least [67] [forty-eight] hours before the time fixed for the meeting and the Chief Executive Officer shall with all possible despatch take steps to circulate such resolution to every member of the Corporation in such manner as he may think fit.

Explanation.-In this section, ?registered address.? means the address for the time being entered in the register of addresses of members of the Corporation to be maintained by the Secretary.

 

 

Section 47 - Quorum

 

(1)      The quorum necessary for the transaction of business at a meeting of the Corporation shall be one-third of the total number of members of the Corporation.

 

(2)      If at any time during a meeting of the Corporation there is no quorum it shall be the duty of the Chairman or the person presiding over such meeting either to adjourn the meeting or to suspend it till there is a quorum.

 

 

(3)      Where a meeting has been adjourned under sub-section (2), the business which would have been brought before such meeting if there had been a quorum, shall be brought before and may be transacted at an adjourned meeting, whether there is a quorum or not.

 

(4)      All matters required to be decided by the Corporation at a meeting shall, save as otherwise provided in this Act, be determined by a majority of the members of the Corporation present and voting at such meeting.

 

Section 48 - Presiding Officer of a meeting of the Corporation

 

(1)     The Chairman or, in his absence, a member of the panel of Presiding Officers nominated under section 43 shall preside at every meeting of the Corporation :

Provided that when a meeting is held to consider a motion for the removal of the Chairman, the Chairman shall not preside at such meeting.

(2)     In the absence of the Chairman and all members of the panel of the Presiding Officers as aforesaid from a meeting of the Corporation, the elected members present shall choose from amongst themselves one member to preside over the meeting.

 

(3)     The Chairman or the person presiding over a meeting of the Corporation shall have and exercise only a casting note in all cases of equality of votes and not otherwise.

 

Section 49 - Discussion on urgent public matters

 

(1)       Any Councillor [68] [* *] may give notice of raising discussion on a matter of urgent public importance to the Secretary, specifying the matter to be raised.

 

(2)       Such notice supported by the signature of at least two other elected members shall reach the Secretary at least [69] [forty-eight] hours before the date on which such discussion is sought and the Secretary shall promptly place it before the Chairman or, in his absence, any member of the panel of Presiding Officers and circulate the same among the members in such manner as he may think fit.

 

 

Section 50 - Questions on matter relating to administration

 

A Councillor [70] [* * *] may, in such manner as may be prescribed, ask the Mayor-in-Council questions on any matter, relating to the administration of the Corporation or the municipal government of the city and all such questions shall be answered by the Mayor or any other member of the Mayor-in-Council.

 

 

Section 51 - Statements on matters relating to administration

 

(1)     Any Councillor [71] [* *] may ask for a statement from the Mayor-in-Council on an urgent matter relating to the administration of the Corporation or the municipal government of the city by giving a notice to the Secretary at least one hour before the commencement of the sitting on any day.

 

(2)     The Mayor or a member of the Mayor-in-Council may accordingly make a brief statement on the same day or fix a date for the same.

 

 

Section 52 - Circulation of minutes and inspection of minutes and reports of proceedings

 

(1)     Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the members of the Corporation and shall at all reasonable times be available at the office of the Corporation for inspection by any member of the Corporation free of cost, and by any other persons on payment of such fee as the Corporation may determine.

 

(2)     The minutes of the proceedings of each meeting of the Corporation shall be read out and confirmed at its subsequent meeting.

 

(3)     The manner of transaction of business in the meetings of the Corporation not specifically provided for in this Act shall be such as may be [72] [prescribed].

 

 

Section 53 - Power of the State Government to dissolve the Corporation

 

Power of the State Government to [73] [dissolve] the Corporation

(1)     If in the opinion of the State Government, the Corporation has shown its incompetence, or has persistently made default, in the performance of the duties or in the exercise of the functions imposed on it by or under this Act or any other law, or has exceeded or abused its powers, the State Government may, by an order published, with the reasons for making it, in the Official Gazette, declare the Corporation to be incompetent, or in default, or to have exceeded or abused its powers, as the case may be, 1[74]and dissolve it for such period, not exceeding six months,] as may be specified in the order:

Provided that no such order shall be made by the State Government unless-

(a)      a notice has been given to the Corporation specifying therein a period within which the Corporation may submit representation, if any, against the proposed order; and

 

(b)      such representation has been considered by the State Government [75] [after giving the Corporation a reasonable opportunity of being heard].

[76] (2) Where the Corporation has been dissolved under sub-section (1), an election to constitute the Corporation shall be completed before the expiry of six months from the date of its dissolution:

Provided that where the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election to constitute the Corporation for such period:

Provided further that the Corporation constituted upon the dissolution thereof before the expiration of the term of office under section 40 shall continue only for remainder of the period for which the dissolved Corporation would have continued had it not been so dissolved.

 

 

Section 54 - Consequences of dissolution

 

Consequences of [77] [dissolution]

(1)     With effect from the date of an order made under section 53,-

 

(a)      all members of the Corporation, the Mayor-in-Council and any Committee of the Corporation constituted under this Act shall vacate their respective offices, [78] [* * * * *], and

 

(b)      all the powers and the duties, which under the provisions of this Act or any rule, regulation or bye-law made thereunder may be exercised or performed by the Corporation or the Mayor-in-Council or any Committee of the Corporation or the Mayor or such other powers and duties as may be specified in the order, shall be exercised or performed, subject to the direction issued by the State Government, by such person or persons as the State Government may appoint in this behalf:

Provided that when the State Government appoints more than one person to exercise any powers and perform any duties, it may, by order, allocate such powers and duties among the persons so appointed in such manner as it thinks fit:

Provided further that the State Government shall fix the remuneration of such person or persons and may direct that such remuneration shall in each case be paid out of the Municipal Fund.

(2)     For the avoidance of doubts it is hereby declared that an order of [79] [dissolution] made under section 53 shall not effect or imply in any way the dissolution of the Corporation as a body corporate.

 

(3)     Every order made by the State Government under sub-section (1) [80] [* * *] of section 53 shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions.

 

 

Section 55 - Municipal Fund

 

(1) There shall be a Municipal Fund held by the Corporation in trust for the purposes of this Act and all moneys realized or realisable under this Act and all moneys otherwise received by the Corporation shall be credited to this fund.

 

[82] (3) All moneys received on account of the Municipal Fund shall forthwith be paid into a Government Treasury or into the State Bank of India or any other nationalised bank or the State Co-operative Bank to the credit of one or more accounts, and each such account shall be called the account of the Corporation to which the money belongs:

Provided that the Mayor-in-Council may invest money, 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 other nationalised bank or the 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.

 

 

Section 56 - Application of Municipal Fund

 

Subject to the provisions section 55, the moneys credited from time to time to the Municipal Fund shall be applied for payment of all sums, charges and costs necessary for carrying out the purposes of this Act and the rules and the regulations made thereunder or for payment of all sums payable out of the Municipal Fund under any other enactment for the time being in force or under any arrangement approved by the State Government.

 

Section 56A - Expenditure on physical assets outside Asansol

 

[83] [Expenditure on physical assets outside Asansol may, for carrying out the purposes of this Act, be made if a resolution to that effect is carried out by not less than one-half of the total number of elected members of the Corporation.

 

 

Section 57 - Operation bank account

 

Subject to the other provisions of this Act, payment from the Municipal Fund shall be made in such manner as may be [84] [prescribed,] and the accounts referred to in section 55 shall be operated, by such officers of the Corporation as may be [85] [prescribed].

 

 

Section 57A - Approval of State Government in respect of work etc. estimated to cost more than repees ten lakhs

[86] [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 Corporation at a meeting, if the estimated cost of such work or purchase exceeds rupees five thousand but does not exceed rupees ten lakhs:

Provided that whether estimated cost of such work or purchase exceeds rupees ten lakhs, approval of the State Government shall be obtained.

 

 

Section 58 - Payment not to be made out of the Municipal Fund unless covered by a budget grant

 

No payment of any sum out of the Municipal Fund shall be made unless the expenditure is covered by a current budget grant and a sufficient balance of such budget grant is available notwithstanding any reduction or transfer thereof under the provisions of this Act:

[87]Provided that this section shall not apply to payments in the following cases:-

(a)      refund of taxes and other moneys? which are authorised by this Act;

 

(b)      repayment of moneys belonging to contractors or other persons and held in deposit and all moneys collected or credited to the Municipal Fund by mistake;

 

(c)      temporary payments for works urgently required by the State Government in the public interest;

 

 

(d)      sums payable as compensation under this Act or the rules or the regulations made thereunder;

 

(e)      expenses incurred by the Corporation on special measures on the outbreak of dangerous diseases;

 

 

(f)       sums payable-

 

(i)       under orders of the State Government on failure of the Corporation to take any action required by the State Government; or

 

(ii)      under any other enactment in force for the time being; or

 

 

(iii)     under the decree or order of a civil or criminal court against the Corporation; or

 

(iv)    under a compromise of any claim, suit or other legal proceedings; or

 

 

(v)      on account of the cost incurred in taking immediate action by any of the municipal authorities referred to in section 3 to avert a sudden threat or danger to the property of the Corporation or to human life;

 

(g)      such other cases as may be prescribed.

 

 

Section 58A - Procedure when money not covered by a budget grant, is paid

 

[88] [Whenever any sum is paid in any of the cases referred to in the proviso to section 58, the Chief Executive Officer shall forthwith communicate the circumstances of such payment to the Mayor-in-Council, and thereupon the Mayor-in-Council may take, or recommend to the Corporation to take, such action under the provisions of this Act as may appear to it to be feasible and expedient for covering the amount of such payments.

 

 

Section 59 - [Omitted]

 

 

 

Section 60 - Annual Budget

 

(1) The Corporation shall, on or before the [90] [31st] day of March in each year, adopt for the ensuing year a budget estimate of the income and the expenditure of the Corporation to be received and incurred on account of the municipal government of the city.

(3) The budget estimate shall state the rates at which various taxes, cesses and fees shall be levied by the Corporation in the year next following.

(4) The budget estimate shall state the amount of money to be raised by the Corporation as loan during the year next following.

(5) The Mayor shall present the budget estimate to the Corporation on the 15th day of February in each year or as soon as possible thereafter.

(6) The budget estimate shall be prepared, presented and adopted in such form and in such manner, and shall provide for such matters, as may be [92] [prescribed].

[93] (7) The Corporation shall prepare the revised budget estimate for a year along with the budget estimate for the next year in such manner as may be prescribed.

 

 

Section 60A - Financial assistance by State Government

 

[94] [(1) The State Government may, from time to time, give grants or financial assistance to the Corporation with or without direction as to the manner of application of such grants or financial assistance.

(2) The State Government may also lay down the pattern of distribution of such grants or financial assistance and the conditions of release of the grants for the purpose of such distribution.

(3) The State Government shall give grants to the Corporation for implementation in full or in part of any scheme included in the Annual Development Plan.

 

 

Section 61 - Power of the Corporation to raise loan

The Corporation may, by a resolution passed at a meeting, from time to time raise a loan, by the issue of debentures or otherwise on the security of the [95] [property tax] or of all or any of the taxes, fees and dues under this Act, or on the guarantee by the State Government, of any sum of money which may be required-

(a)      for the construction of works under this Act, or

 

(b)      for the acquisition of land or building for the purpose of this Act, or

 

 

(c)      to pay off any debt due to the State Government, or

 

(d)      to repay a loan raised under this Act, or

 

 

(e)      for the acquisition of a public utility concern which renders such services as the Corporation is authorised to render under this Act, or

 

(f)       for the purchase of vehicles, locomotive engines, boilers, plants and machineries necessary for carrying out the purposes of this Act, or

(g)      for any other purpose for which the Corporation is authorised to borrow by or under this Act or any other law in force for the time being:

Provided that no loan shall be raised without the previous sanction of the State Government and that the terms and conditions (including the period) of repayment of the loan shall be subject to the approval of the State Government.

 

 

Section 62 - Limit to the power to raise loan

 

Notwithstanding anything hereinbefore contained, the power of the Corporation to raise a loan shall be so limited that the sums payable under this Act during any year for interest and for the maintenance of Sinking Funds established under this Act shall not exceed fifteen per cent of the annual value of land and buildings as determined under this Act.

 

Section 63 - Power of the Corporation to open a credit account with a bank

 

Notwithstanding anything contained in section 61, whenever the raising of any loan has been sanctioned by the State Government under that section the Corporation may, instead of raising such loan or any part thereof from the public, take credit, on such terms as may be approved by the State Government, from any bank on a cash account to be kept in the name of the Asansol Municipal Corporation Cash Account to the extent of such loan or any part thereof and, with the sanction of the State Government, may grant mortgages of all or any of the properties vested in the Corporation by way of securing the repayment of the amount of such credit or of the sum advanced from time to time on such cash account with interest.

 

Section 64 - Repayment of loan

Every loan raised by the Corporation under section 61 shall be repaid within the period approved under that section and by such of the following methods as may be approved by the State Government, namely:-

(a)      from a Sinking Fund established under section 66 in respect of such loan, or

 

(b)      partly from such Sinking Fund and partly from the loan raised for the purpose under section 61.

 

Section 65 - Form and effect of debentures

 

All debentures issued under this Chapter shall be in such form, and shall be transferable in such manner, as the Corporation may by regulation determine, and the right to sue in respect of the money secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.

 

Section 66 - Sinking Fund

 

(1)     The Corporation shall establish a separate Sinking Fund in respect of each loan raised under section 61 and shall pay into such fund every six months a sum so calculated that if regularly paid, such sum together with the compound interest accrued thereon would be sufficient, after payment of all expenses, to pay off the loan within the period approved by the State Government under the proviso to section 61.

 

(2)     The rate of interest at which the sum referred to in sub-section (1) shall be calculated shall be such as may be prescribed.

 

Section 67 - Investment of the amount of the Sinking Fund

 

(1)     All moneys paid into a Sinking Fund shall as soon as possible be invested by the Corporation in-

 

(a)      Government securities, or

 

(b)      securities guaranteed by the Central or any State Government, or

 

 

(c)      debentures issued by the Corporation, or

 

(d)      debentures issued, if any, by the Asansol Development Authority, or

 

 

(e)      any public securities approved by the State Government and shall be held by the Corporation for the purpose of repaying from time to time the loans raised by it by the issue of debentures or otherwise.

 

(2)     (All dividends and other sums received in respect of any such investment shall, as soon as possible, be paid into the appropriate Sinking Fund and invested in the manner laid down in sub-section (1).

 

(3)     Moneys paid into two or more Sinking Funds may, at the discretion of the Corporation, be invested together as a common fund and it shall not be necessary for the Corporation to allocate the securities held in such investments among the several Sinking Funds.

 

 

(4)     Any investment made under this section may from time to time, subject to the provisions of sub-section (1), be varied or transposed.

 

Section 68 - Application of the Sinking Funds

 

Until any loan is wholly repaid, the Corporation shall not apply any Sinking Fund established under this Act in respect of such loan for any purpose other than the purpose of repayment of such loan.

 

Section 69 - Statement of investments

 

(1)     The Chief Executive Officer shall, at the end of each year, prepare a statement showing-

 

(a)      the amount which has been invested during the year under section 67,

 

(b)      the date of the last investment made during the year,

 

 

(c)      the aggregate amount of securities then in the hands of the Corporation, and

 

(d)      the aggregate amount which has, up to the date of the statement, been applied for the purpose of repayment of loan under section 68.

 

 

(2)     Every such statement shall be laid before a meeting of the Corporation and shall be published in the Official Gazette.

 

Section 70 - Annual examination of Sinking Funds

 

(1)     All Sinking Funds established under this Act shall be subject to annual examination by the auditors appointed under section 77, who shall ascertain whether the cash and the value of the securities belonging thereto are equal to the amount which should be at the credit of such funds had investments under section 67 been regularly made and had the interest accruing on account of such investments been regularly obtained.

 

(2)     The amount which should be at the credit of a Sinking Fund shall be calculated on the basis of the sums credited to such fund under sub-section (1) of section 67.

 

(3)     The value of securities belonging to a Sinking Fund shall be their current value, unless such securities become due for redemption at par with or above their face value before maturity in which case their current value shall be taken as their redemption value, except in the case of debentures issued by the Corporation which shall always be valued at par with their face value, provided that the Corporation shall make good immediately any loss owing to the sale of such debentures for repayment of the loan raised under section 61.

 

 

(4)     The Corporation shall forthwith pay into any Sinking Fund such amount as the auditors appointed under section 77 may certify to be deficit unless the State Government specially sanctions a gradual readjustment of such deficit in respect of such fund.

 

(5)     If the cash and the value of the securities at the credit of any Sinking Fund are in excess of the amount which should be at its credit, the auditors appointed under section 77 shall certify the amount of such excess sum and the Corporation may thereupon transfer the excess sum to the Municipal Fund in the General Account.

 

 

(6)     If any dispute arises as to the accuracy of any deficit or excess referred to in the certificate under sub-section (4) or sub-section (5), the Corporation may, after payment of such deficit or after transfer of such excess, as the case may be, refer the matter to the State Government whose decision thereon shall final.

 

Section 71 - Power of the Corporation to borrow money from the State Government

 

(1)     The Corporation may borrow money from the State Government for carrying out of the purposes of this Act, other than those referred to in section 61, on such terms and conditions as the State Government may determine.

 

(2)     If any money borrowed by the Corporation from the State Government before the commencement of this Act or under sub-section (1) is not repaid or any interest due in respect thereof is not paid, according to the terms and conditions of such borrowing, the State Government may attach the Municipal Fund or any portion thereof.

 

(3)     After such attachment no person other than an officer appointed in this behalf by the State Government shall in any way deal with the attached Fund or portion thereof. Such officer may do all acts in respect thereof which any municipal authority or an officer or employee of the Corporation might have done under this Act if such attachment had not taken place, and may apply such fund or portion thereof for payment of the arrear and the interest due in respect of such borrowing and of all expenses on account of the attachement and subsequent proceedings:

Provided that no such attachment shall defeat or prejudice any debt for which the fund attached was previously charged under any law in force for the time being and all such prior charges shall be paid out of the fund before any part thereof is applied for repayment of the borrowing under sub-section (1) and payment of interest accruing thereon.

 

Section 72 - Attachment of Municipal Fund for securing any payment into Sinking Fund

If the Corporation fails to make any payment or to transfer any sum under sub-section (4) or sub-section (5) of section 70, the State Government may attach the Municipal Fund or any portion thereof and thereupon the provisions of section 71 shall, with all necessary modifications, apply.

 

Section 73 - Accounts

 

The accounts of all receipts and expenditure of the Corporation shall be kept in such manner and in such form as the State Government may from time to time prescribe by rules.

 

Section 74 - Audit of account by Finance Officer

 

(1)     The Finance Officer shall conduct a monthly internal audit of the accounts of the Corporation and shall report thereon to the Mayor-in-Council who shall cause an abstract of the receipts and expenditure of the month last preceding to be published.

 

(2)     The Finance Officer shall also conduct from time to time such other audit of the accounts of the Corporation as the Mayor-in-Council may direct.

 

 

(3)     For the purpose of audit of the accounts of the Corporation the Finance Officer shall have access to all accounts of the Corporation and records and correspondences relating thereto and the Chief Executive Officer shall forthwith furnish to the Finance Officer such explanation concerning any receipt of expenditure as he may call for.

 

Section 75 - Report by the Finance Officer

 

(1)     The Finance Officer shall,-

 

(a)      report to the Mayor-in-Council any material impropriety or irregularity which he may at any time observe, in the expenditure or in the recovery of moneys due to the Corporation or in the accounts of the Corporation;

 

(b)      furnish to the Mayor-in-Council such information as it may from time to time require concerning the progress of the audit.

 

 

(2)     The Mayor-in-Council shall cause to be laid before the Corporation every report made to it by the Finance Officer together with a statement of orders passed thereon by the Mayor-in-Council and thereupon the Corporation may take such action as it may deem fit.

 

(3)     As soon as may be after the commencement of each financial year the Finance Officer shall deliver to the Mayor-in-Council a report on the entire accounts of the Corporation for the preceding year.

 

 

(4)     The Secretary shall cause such report to be printed and circulated among the Councillors [96] [* *].

 

(5)     The Chief Executive Officer shall forward to the State Government as many copies of such report as may be required by the State Government together with a brief statement of action taken or proposed to be taken thereon.

 

 

Section 76 - Power of the Finance Officer to call for vouchers, etc

The Finance Officer shall audit the accounts of the Corporation with the assistance of officers and other employees subordinate to him and, for the purpose, may call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit, and shall be competent to frame standing orders and to give directions on all matters relating to audit and particularly in respect of the method and the extent of audit and the raising and pursing of objections.

 

Section 77 - Appointment of Auditors

 

(1)     The accounts of the Corporation shall be audited from time to time by such auditors are appointed for audit of State Government Accounts.

 

(2)     The Chief Executive Officer shall submit accounts to auditors as required by them:

Provided that the Chief Executive Officer shall not be bound to submit accounts of expenditure in connection with any anticorruption work but shall, if so required by the auditors, furnish certificate under his signature of all such expenditure.

(3)     The auditors so appointed may,-

 

(a)      by written summons, require the production before them or before any officer subordinate to them of any document which they may consider necessary for the proper conduct of audit;

 

(b)      by written summons, require any person accountable for, or having the custody or control of, any such document to appear in person before them or before any officer subordinate to them; and

 

 

(c)      require any person so appearing before them or before any officer subordinate to them to make or sign a declaration with respect to such document or to answer any question or prepare and submit any statement.

 

(4)     The provisions of sub-section (3) shall not apply to the accounts of expenditure incurred in connection with any anticorruption work.

 

Section 78 - Report and information to be furnished by auditors

The auditors appointed under section 77 shall-

(a)      report to the Mayor-in-Council any material impropriety or irregularity which they may observe in the expenditure, or in the recovery of moneys due to the Corporation or in the accounts of the Corporation;

 

(b)      report to the Mayor-in-Council any loss or waste of money or other property owned by or vested in the Corporation which has been caused by neglect or misconduct and may, if they think fit, report the names of the persons who in their opinion are directly or indirectly responsible for such loss or waste;

 

 

(c)      furnish to the Mayor-in-Council such information as the Mayor-in-Council may from time to time require regarding the progress of audit;

 

(d)      as soon as may be after the completion of audit, deliver to the Mayor-in-Council a report upon the accounts of the Corporation and submit a duplicate copy thereof to the Corporation;

 

 

(e)      conduct a special audit, when so directed by the State Government or the Corporation, on any receipt or expenditure of the Corporation or examine any accounts of stores and stocks and submit a report upon the same to the Mayor-in-Council and the Corporation;

 

(f)       submit to the State Government copies of all reports referred to in clauses (a), (b), (d) and (e).

 

Section 79 - Mayor-in-Council to remedy defects and report to the State Government

The Mayor-in-Council shall forthwith remedy any defects or irregularities that may be pointed out by the auditors and shall report to the Corporation and the State Government the action taken by it:

Provided that if there is a difference of opinion between the Mayor-in-Council and the auditors the Mayor-in-Council, or if the Mayor-in-Council does not remedy any defect or irregularity within a reasonable period, the auditors shall refer the matter to the State Government as soon as possible and it shall be within the competence of the State Government to pass such orders thereon as it thinks fit.

 

Section 80 - Reference of reports to Municipal Accounts Committee

 

(1)     The Corporation shall refer all reports received under section 78 to the Municipal Accounts Committee for their examination and report under section 10.

 

(2)     The report of the Municipal Accounts Committee shall be discussed at a meeting of the Corporation for such decision as the Corporation may think fit:

Provided that if no report is received from the Municipal Accounts Committee, the Corporation shall be competent to discuss auditors? reports under section 78 for such decision as it thinks fit.

(3)     The Corporation shall publish the auditors? reports referred to in section 78 together with the reports of the Municipal Accounts Committee, if any, and the decision of the Corporation thereon, in accordance with such rules as may be prescribed.

 

Section 81 - Powers of the auditors? to disallow, surcharge and charge

 

(1)     The auditors shall, after giving the person concerned an opportunity to submit an explanation and after considering such explanation, if any, disallow every item of accounts contrary to the provisions of this Act, and surcharge the amount of an illegal payment on the person making or authorising the making of such payment, and charge against any person responsible therefor the amount of any deficiency or loss incurred by the negligence or misconduct of such person or any amount which ought to have been, but is not, brought into account by such person, and shall in every such case certify the amount due from such person.

 

(2)     The auditors shall record the reasons for every disallowance, surcharge or charge under sub-section (1), and shall serve in the manner prescribed a certificate for the amount due under that sub-section, and a copy of such reasons, on the person against whom the certificate is made, and shall incorporate such cases of disallowance, surcharge or charge in their report to the Mayor-in-Council, the Corporation and the State Government under section 78.

 

Section 82 - Right of appeal to a Civil Court or the State Government

 

Any person from whom any sum has been certified by the auditors under section 81 to be due may, within one month after he has received or has been served with the certificate, either-

(a)      apply to a Civil Court of competent jurisdiction to set aside or modify such disallowance, surcharge or charge and upon such application the Court may, after taking such evidence as it considers necessary, confirm, set aside or modify the disallowance, surcharge or charge, and the certificate with such order as to costs as it may think proper, or

 

(b)      appeal to the State Government and the State Government shall pass such orders as it thinks fit. The decisions of the State Government on such appeal shall be final.

 

Section 83 - Payment of certified amount

 

Where an amount is certified under sub-section (1) of section 81 to be due from any person, such amount, or where such person proceeds under section 82, such amount as the Court or the State Government, as the case may be, may decide to be due from such person, shall be paid within three months from the date of certificate under sub-section (1) of section 81 or, as the case may be, within such period, not less than three months from the date of such decision, as the Court or the State Government, as the case may be, may allow and in the case of default of payment, the amount shall be recoverable by the Corporation as an amount decreed by the Civil Court.

 

Section 84 - Cost payable out of Municipal Fund

 

(1)     Any cost allowed by the Court clause (a) of section 82 shall be paid out of the Municipal Fund within such period as the State Government may fix in this behalf.

 

(2)     If the Corporation fails to pay such cost within the period fixed by the State Government under sub-section (1), the State Government may attach the Municipal Fund or any portion thereof and the provisions of sub-section (2) of section 71 shall, with all necessary modifications, be deemed to apply in respect of such attachment.

 

Section 85 - Effect of non-payment of certified amount

 

Where a person from whom an amount is certified to be due under sub-section (1) of section 81 is a member of the Corporation or of a committee thereof or is an officer or employee of the Corporation and where such person has not paid such amount within three months from the date of such certificate, or where an amount declared to be due from such person under clause (a) or clause (b) of section 82 has not been paid by such person within such period, not less than three months from the date of such declaration, as may be allowed to him under section 83, such person shall be deemed to have vacated his seat or to have been dismissed from the service of the Corporation, as the case may be, with effect from the date of an order to be made by the State Government in this behalf and shall not be eligible for reelection or reappointment, as the case may be, until the amount as aforesaid has been paid by him.

 

Section 86 - Power of the State Government to make rules

 

(1)     The State Government may make rules for the purpose of carrying into effect the provisions of the Chapter.

 

(2)     In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:-

 

 

(a)      the manner and the forms in which the accounts of the Corporation shall be kept under section 73;

 

(b)      the time within which, and the manner in which, the matter referred to in the proviso to section 79 shall be referred to the State Government;

 

 

(c)      the publication of the auditors? reports together with the report of the Municipal Accounts Committee under sub-section (3) of section 80;

 

(d)      any other matter which may be or is required to be prescribed under the provisions of this Chapter.

 

 

Section 87 - Obligatory functions of the Corporation

 

It shall be the obligatory duty of the Corporation to make reasonable and adequate provision for the following matters within the limits of the city and within the financial means at its disposal, namely:-

(1)     in the sphere of public works,-

 

(a)      construction and maintenance of water works and providing by itself or by an agency, means for supply of water for public and private purposes;

[97] (aa) providing by itself or by an agency, means of supply of water for fire-fighting purposes;

(b)      construction, maintenance and cleansing of sewers and drains, sewerage and drainage works;

 

(c)      construction, maintenance and cleansing of public latrines, urinals and similar conveniences;

 

 

(d)      constuction, maintenance, alteration and improvement of public streets and street furniture, bridges and culverts, fly-overs, sub-ways, cause-ways and the like;

 

(e)      naming of streets and numbering of premises;

 

 

(f)       lighting of public streets and other public places;

 

(g)      planting and care of trees on road-side and elsewhere;

 

 

(h)      construction and maintenance of municipal markets and slaughter houses and the regulation of all markets and slaughter houses;

 

(i)       maintenance of all monuments vested in the Corporation;

 

 

(2)     in the sphere of public health and sanitation,-

 

(a)      scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;

 

(b)      reclamation of unhealthy localities, removal of noxious vegetation and abatement of all nuisances;

 

 

(c)      regulating and abating offensive and dangerous trades or practices;

 

(d)      watering and cleansing of public streets and other public places;

 

 

(e)      ensuring the wholesomeness of water supplied for drinking and domestic purposes;

 

(f)       regulation of the places for the disposal of the dead and the provision and maintenance of places for the said purpose;

 

 

(g)      measures for preventing and checking the spread of dangerous diseases;

 

(h)      public vaccination and inoculation;

 

 

(i)       removal and disposal of the unclaimed dead bodies and carcases of dead animals;

 

(j)       maintenance of all public tanks and regulating the reexcavation, repair and up-keep of all private tanks, wells and other sources .of water supply on such terms and conditions as the Mayor-in-Council may deem proper;

 

 

(k)      conversion of all service privies into sanitary latrines and providing adequate facilities for sanitation to that open defecation may be completely done away with;

 

(l)       disposal of the solid and liquid wastes consistent with efforts to cause recovery and re-use of all that can be salvaged;

 

 

(3)     in the sphere of town planning and development,-

 

(a)      devising town planning within the limits of the city in accordance with the laws relating to town planning for the time being in force;

 

(b)      regulating the land-use pattern in the fringe areas of the city in accordance with the law applicable for the purpose;

 

 

(c)      improvement of bustees;

 

(d)      control of regular lines of streets;

 

 

(e)      control of all building operations and regulation of building uses;

 

(f)       co-ordination of all overground rights enjoyed by service agencies;

 

 

(g)      co-ordination of activities of agencies relating to laying and maintenance of underground pipelines, tubes, cables and the like;

 

(h)      laying out and maintenance of public parks, squares, gardens or recreation area;

 

 

(i)       re-development of congested areas for providing better living conditions;

 

(j)       planned development of new areas for human settlements;

 

 

(k)      preservation of monuments and places of historical, artistic and other importance;

 

(l)       measures for beautification of the township by setting up fountains and statues providing recreational areas, improving river banks, landscaping and the like;

 

 

(4)     in the sphere of administration,-

 

(a)      survey of buildings and lands and the preparation and maintenance from time to time of survey maps and plans of the city and other records relating to survey;

 

(b)      removal of obstruction and projections in or upon streets, bridges and other public places;

 

(c)      securing or removal of dangerous buildings and places;

 

(d)      registration of births and deaths;

 

(e)      providing boundary marks for the municipal area;

 

(f)       destruction of noxious animals or diseased unclaimed dogs;

 

 

(g)      compilation and maintenance of records and statistics relating to the administrative functions of the Corporation;

 

(h)      maintenance and development of all properties vested in or entrusted with the management of the Corporation;

 

(i)       removal of unauthorised encroachment on public streets and public places;

 

(j)       checking the construction of unauthorised buildings and pulling down unlawful constructions;

 

 

(k)      ensuring the stoppage of wastage of water supply and other civic facilities;

 

(l)       protection of public properties in general and civic properties in particular;

 

(m)    abatement of pollutions of all kinds;

(n) controlling stray animals and birds;

[98] (o) measures as may be required for fire prevention and fire safety under the West Bengal Fire Services Act, 1950, and the rules made thereunder;

(p) providing adequate training facilities for the Corporation employees and equipping and motivating them for public service;

(q) observance of days of national importance.

 

 

Section 88 - Discretionary functions of the Corporation

 

The Corporation may, at its discretion, provide, either wholly or partly, out of the municipal property and municipal fund for the following matters within the limits of the city, namely:-

 

(1)     in the sphere of public works,-

 

(a)      giving relief to, and establishing and maintaining relief works in time of famine or scarcity for, destitute persons within the limits of the city;

 

(b)      construction or maintenance of, or providing or giving aids for, passengers? sheds, libraries, museums, community halls, offices, godowns, shops, markets, dharmashalas, rest houses, or places of entertainment homes for the disabled and the destitute, other public buildings, and domiciliary care of the sick, orphan, destitute and aged people, and night shelter for the pavement dwellers and the homeless;

 

 

(c)      construction and maintenance of old age homes and orphanages;

 

(d)      construction and maintenance of, or providing aids to, hospitals, dispensaries, asylums, rescue homes, maternity houses and child welfare centres;

 

 

(e)      construction, purchase, organisation, maintenance, extension and management of mechanically propelled transport facilities for the convenience of the public;

 

(f)       construction, maintenance, repair and purchase of any works for the supply or electrical energy or gas;

 

 

(g)      construction of low-cost sanitary dwellings for the economically weaker sections of the community;

 

(h)      providing accommodation for all classes of employees of the Corporation;

 

 

(2)     in the sphere of education,-

 

(a)      establishing and maintaining pre-primary schools such as balwadies, and creche;

 

(b)      promotion of civic education, adult education, social education, non-formal education and the like;

 

 

(c)      promotion of cultural activities including music, physical education, sports and theatres;

 

(d)      advancement of science and technology in the way of life;

 

 

(e)      advancement of civic consciousness on public health and general welfare by organising discourses, seminars, and conferences;

 

(f)       publication of municipal journals, periodical and souvenirs purchase of books and subscriptions to journals, magazines and newspapers;

 

 

(3)     in the sphere of public health and sanitation,-

 

(a)      construction and maintenance of cattle pounds and cattle viers;

 

(b)      provision for unfiltered water-supply for non-domestic uses;

 

 

(c)      promotion of the use of bio-gas and other non-conventional energy sources;

 

(d)      provision for sewage treatment and preparation of compost manures from sewage and other refuse;

 

 

(e)      abatement of smoke nuisances;

 

(f)       setting up of milk dairies or farms for supply, distribution and processing of milk or milk products for the benefit of the people;

 

 

(g)      ambulance service for carrying patients;

 

(4)     in the sphere of administration,-

 

(a)      civic reception to persons of distinction and paying homage on death to persons of repute;

 

(b)      installation of statues, portraits and pictures in appropriate manner;

 

 

(c)      organisation and management of fairs and exhibitions;

 

(d)      establishment and maintenance of art galleries and botanical or zoological collections;

 

(e)      organisation, construction, maintenance and management of swimming pools, public wash houses, bathing places and other institutions designed for convenience of the community;

 

 

(f)       construction and maintenance of garages and sheds and stands for vehicles;

 

(g)      purchase and hoisting of the National Flag;

 

 

(h)      measures for eradication of addiction of all kinds like liquors and drugs;

 

(i)       organising voluntary labour and co-ordinating the activities of voluntary agencies for community welfare;

 

 

(5)     in the sphere of development,-

 

(a)      encouraging formation of co-operatives and, in particular, housing co-operative societies and assistance to those societies in the construction of residential buildings;

(b)      providing shelter for the homeless;

 

(c)      undertaking manufacturing of building materials and their distribution at fair prices;

 

 

(d)      reclamation of waste lands and promotion of social forestry;

 

(e)      establishing and maintaining nurseries for plants, vegetables and trees and promotion of greenery through mass participation;

 

 

(f)       organisation of flower shows and promotion of flower-growing as a civic culture;

 

(g)      promotion of agriculture and improvement of cattle breed;

 

 

(h)      assistance to small-scale and cottage and craft industries;

 

(i)       programme for rehabilitation of scavengers and their families who are displaced on account of abolition of the system of carrying of night-soil as human head-load;

 

 

(j)       income-generating activities for the weaker sections of the community including the women;

 

(k)      collection of statistics and data significant to the community;

 

 

(l)       integration of the development plans and schemes of the city with the district or regional development plan, if any;

 

[99] (5A) any matter listed in the Twelfth Schedule to the Constitution of India and not specified hereinbefore in this section;

(6)     generally, taking all measures not specified in the foregoing provisions which are likely to promote public safety, health, convenience, education or welfare of the community.

 

 

Section 89 - Transfer of functions of State Government

 

(1)     Notwithstanding anything contained in any law for the time being in force, the State Government may, subject to such conditions as it may think fit to impose, transfer, by an order published in the Official Gazette, to the Corporation any such functions and duties of the State Government under any enactment which the State Legislature is competent to enact, or which is otherwise within the executive power of the State, and appear to relate to matters arising within the city being of an administrative character, and shall on such transfer allot to the Corporation such fund and personnel as may be necessary to enable the Corporation to discharge the functions and duties so transferred.

 

(2)     Without prejudice to the generality of the provisions of sub-section (1), the State Government may transfer to the Corporation such functions and duties as are performed by the departments of the State Government on any of the following matters, namely:-

 

 

(a)      town and country planning,

 

(b)      urban development,

 

 

(c)      urban development including urban water supply and sanitation,

 

(d)      urban transport system including regulation of traffic terminus,

 

 

(e)      urban employment schemes and programmes,

 

(f)       health and family welfare,

 

 

(g)      relief and social welfare including social security schemes and programmes,

 

(h)     public works including road construction and housing,

 

 

(i)       cottage and small-scale industries,

 

(j)       education including primary education, adult education, social education, non-formal education, audio visual education and library services,

 

 

(k)      food and supplies including rationing and distribution,

 

(l)       civil defence,

 

(m)    fire protection and fire fighting,

 

 

(n)     sports and youth services,

 

(o)      welfare of scheduled castes and scheduled tribes,

 

 

(p)      environmental safety and improvement.

 

(3)     Where any functions and duties conferred by or under any enactment are so transferred, that enactment shall have effect as if this section had been incorporated in that enactment.

 

Section 89A - Power to transfer any function of Corporation under the Act to any organisation

 

[100] [Notwithstanding anything contained in this Act or in any other law for the time being in force, the Corporation may, if it is of opinion that it is necessary so to do in the public interest, transfer, with the prior approval of the State Government, any function or functions of the Corporation under this Act to any organisation, including a Government organisation, in such manner, and on such terms and conditions, as may be prescribed:

Provided that such transfer of function or functions of the Corporation to such organisation shall not absolve the Corporation from the responsibility of carrying out the provisions of this Act in relation to the function or functions so transferred.

Explanation.-?Government organisation? shall mean an organisation maintained or managed by the State Government.

 

 

Section 90 - Power to impose taxes

 

(1)     The Corporation shall, for the purposes of this Act, have the power to levy the follwoing taxes :-

 

(a)      a [101] [property tax] on lands and buildings,

(c) a tax on advertisements, other than advertisements published in newspapers,

(d) a tax on carts, carriages and animals,

[103] (e) toll on-

(i)       ferry,

 

(ii)      bridge, and

 

(iii)     heavy truck which shall be a heavy goods vehicle, and bus which shall be a heavy passenger motor vehicle, within the meaning of the Motor Vehicles Act, 1988, plying on a public street,

[104] (f) a special conservancy charge on commercial and industrial establishments.

(2)     The levy, assessment and collection of taxes mentioned in sub-section (1) shall be in accordance with the provisions of this Act and the rules and the bye-laws made thereunder.

 

 

Section 91 - Levy of fees, charges, etc

 

(1)     The Corporation may from time to time, levy fee for licences issued or permissions granted under the provisions of this Act and also impose charges for any specific service rendered in pursuance of the provisions of this Act.

 

(2)     The State Government may, from time to time, prescribe the scale at which such fees may be levied or charges imposed.

 

Section 92 - Property tax on lands and buildings

 

[105] [Property tax] on lands and buildings

(1) For the purpose of this Act, a [106] [property tax] on the annual value of lands and buildings [107] [compromised in a holding, as] determined under this Chapter, shall be imposed by the Corporation.

[108] (2) Such property tax shall be determined as follows :-

(a)      where the annual value of lands and buildings does not exceed nine hundred and ninety-nine rupees, the property tax shall be determined in accordnace with the following formula :-

 

(b)      where the annual value of lands and buildings exceeds nine hundred and ninety-nine rupees, the property tax shall be determined in accordance with the following formula :-

Provided that the property tax shall not excceed 40 per cent of the annual value of lands and buildings :

Provided further that while calculating the percentage of property tax, the decimal figure below 0.5 shall be ignored and the decimal figure of 0.5 or above shall be rounded off to 1 :

Provided also that the State Government may, from time to time, by notification, revise the formula referred to in clause (a) and clause (b) of this sub-section and upon such revision, this Act shall be deemed to have been amended accordingly :

Provided also that no such revision shall be made more than once in five years.

 

 

Section 93 - Levy of surcharge

 

A surcharge at such rate not exceeding 50 per cent of the total amount of the [109] [property tax] imposed on a holding may be levied if such holding is used wholly or in part for commercial, industrial or other non-residential purposes and the Corporation shall, from time to time, decide the rate of surcharge which shall form part of the 79a[property tax] for the purpose of recovery.

 

 

Section 94 - Rebate for residential building

 

Where a holding is used by the owner exclusively for his own residential purposes, reabte not exceeding 20 per cent of the [110] [property tax] as determined under this Chapter may be allowed by the Corporation :

Provided that the Corporation may cause classification of building according to year of construction for the purpose of granting varying rates of rebate.

 

 

Section 95 - Exemption of diplomatic missions

 

The State Government may, by order, exempt from the payment of any rate, tax, toll or fee payable under the provisions of this Act, any diplomatic or consular mission of a foreign State and the diplomatic and consular officers of such mission.

 

Section 96 - Exemption of Central Government properties

 

Notwithstanding anything contained in this Chapter, lands and buildings which are the properties of the Central Government, shall be exempt from the 1[property tax] :

Provided that nothing in this section shall prevent the Corporation from levying on such lands and buildings a [111] [property tax] to which immediately before the commencement of this Act they were, or were treated as, liable:

Provided further that the Corporation may levy a service charge on such buildings on the basis of[112] [annual value] and at such rate as may be determined by the Central Government from time to time.

 

 

Section 97 - Exemption of holdings exclusively used for public worship, etc

 

Notwithstanding anything contained in the foregoing sections in this Chapter,-

(a)      lands or buildings or portions thereof exclusively used for the purpose of public worship, or

 

(b)      lands or buildings exclusively used for the public burial or as burning ground, or any other place used for the disposal of the dead duly registered under this Act, or

 

 

(c)      open spaces including parade grounds which are the properties of Government, shall be exempt from the [113] [property tax].

Explanation.-For the purpose of clause (a) of this section any land or building used for the purpose of public worship shall not be deemed to be exclusively used for such purpose if on such land or in such building any trade or business is carried on or any rent is derived in respect of such land or building or such land or building is used for any gainful purpose whatsoever.

 

 

Section 98 - Exemption of holdings exclusively used for public charity or medical relief or education of the poor, free of charge

 

The Mayor-in-Council may exempt from [114] [property tax] either wholly or in part any holding which is exclusively used with the approval of the Mayor-in-Council for public charity or philanthropic purposes or for the purpose of medical relief to or education of the poor, free of charge.

 

 

Section 98A - Exemption of properties of ex-servicemen

 

[115] [Notwithstanding anything contained in the foregoing provisions of this chapter, the Corporation may, by a resolution, exempt 25 per cent of the property tax in respect of any holding belonging to an ex-serviceman, or family of a deceased soldier or ex-serviceman, who has no other land or building in any part of the State of West Bengal and who is residing in that holding.

 

 

Section 99 - Power to reduce 1[property tax] in case of excessive hardships

 

Whenever from the circumstances of the case levy of [116] [property tax] on any holding in the Corporation would be productive of excessive hardship to the person liable to pay the same, the Corporation may reduce the amount payable on account of such holding, or may realise the sum by instalments:

Provided that such reduction or remission shall not, unless renewed by the Corporation, have effect for more than one year.

 

 

Section 100 - Remission on account of vacant holding

 

(1)     When any holding comprising land and building has remained vacant or unproductive of rent for ninety or more consecutive days, the Corporation, 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.

 

(2)     The Corporation may make bye-laws for the purpose of remission or refund as provided in sub-section (1).

 

Section 101 - Exemption of holding of low valuation

 

The Corporation may exempt from [117] [property tax] any holding comprising land or building the annual valuation of which does not exceed three hundred rupees :

Provided that where a person owns or occupies more than one holding the aggregate annual value of which exceeds three hundred rupees, such holdings shall not be exempted from the [118] [property tax].

 

 

Section 102 - Determination of annual valuation

 

(1)     Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956 or in any other law for the time being in force, for the purpose of assessment of the [119] [property tax], the annual value of a holding comprising land and building shall be deemed to be the gross annual rent including service charges if any, at which such land or building might at the time of assessment be reasonably expected to let from year to year, less an allowance of [120] [ten per cent] for the cost of repairs and other expenses necessary to maintain such land or building in a state to command such gross rent.

 

(2)     The annual value of a holding comprising vacant land only shall be deemed to be an amount [121] [which may be equal to, but may not exceed,] five per cent of the estimated market value of the land at the time of assessment.

 

 

(3)     If the gross annual rent of any class or classes of lands or buildings cannot be easily estimated, the annual value of a holding comprising such land or building shall be deemed to be an amount which may be equal to but may not exceed seven and a half per cent of the value of the holding obtained by adding the estimated cost of erecting the building at the time of assessment less a reasonable amount to be deducted on account of depreciation, if any, to the estimated present market value of the land [122] [compromised in the holding].

 

(4)     The estimated cost of erecting a building shall not, for the purpose of determination of annual value, include the cost of any plant or machinery (excepting those enumerated in Schedule V) on the land or the building as aforesaid.

(6) The annual value as determined under this Chapter shall be rounded off to the nearest ten rupees.

 

 

Section 103 - Determination of annual valuation of holdings exempted from property tax

 

Determination of annual valuation of holdings exempted from 1[property tax]

(1)     Where any holding is exempt from [124] [property tax], the annual valuation thereof shall be determined in accordance with the provisions of this Chapter.

 

(2)     Where any land is exempt from the [125] [property tax] under the provisions of this Chapter, the annual value of any building erected on such land not entitled to any exemption from the [126] [property tax], shall be determined separately from the land in accordance with the provisions of this Chapter.

 

 

Section 104 - Unit of assessment

 

[127] [(1) Every building together with the site and the land appurtenant thereto comprised in a holding shall be assessed as a single unit 1:

Provided that where portions of any building together with the site of the land appurtenant thereto are vertically divisible and are separately owned so as to be entirely independent and capable of separate enjoyment, notwithstanding the fact that access to such separate portions is made through a common passage or a common staircase, such separately owned portions may be assessed separately :

Provided further that the right of such access is protected by a registered deed of agreement.

(2) All lands or buildings, to the extent these are contiguous or are within the same curtilage or are on the same foundation and are owned by the same owner or co-owners as undivided property, shall be treated as one unit for the purpose of assessment under this Act.

(3) Each residential unit with its percentage of undivided interest in the common areas and facilities, constructed or purchased and owned by or under the control of any housing co-operative society registered under the West Bengal Co-operative Societies Act, 1983, shall be assessed separately.

(4) Each apartment and its percentage of the undivided interest in the common areas and facilities in a building within the meaning of the West Bengal Apartment Ownership Act, 1972, a declaration in respect of which has been duly executed and registered under the provisions of that Act, shall be assessed separately.

(5) Every land, which is not built upon, comprised in a holding shall be assessed separately as a single unit.

(6) Notwithstanding anything contained in the foregoing provisions of this section, the Mayor-in-Council may, on its own or upon an application, amalgamate or separate lands or buildings or portions thereof so as to ensure conformity with the provisions of this section and may also apportion the valuation and assessment among the co-owners according to the value of the respective shares when the entire land or building is treated as a single unit.

 

 

Section 105 - Periodic assessment

 

(1)     The annual value of a holdings comprising land or building which has been determined before and is in force on the date of the commencement of this Act, shall remain in force until a fresh valuation list is enforced under this Act.

 

(2)     The Mayor-in-Council shall cause a general valuation of all holding in accordance with the provisions of this Chapter as soon as possible after the constitution of a new Corpoation and at periodic intervals so as to ensure that there is a revision of annual valuation of all municipal holdings at the termination of successive period of six years.

 

Section 106 - Preparation of valuation and assessment list

 

[128] [(1) The annual valuation of holdings under this chapter shall be made, unless otherwise directed by the State Government, by the Central Valuation Board established under the West Bengal Central Valuation Board Act, 1978, and the preparation of valuation list, amount of property tax determined under section 92 on the basis of such valuation list, and disposal of all applications for review, shall abide by the provisions of that Act.

(2) The list thus prepared under sub-section (1) shall be the assessment list of the Corporation.

(3) When the Mayor-in-Council is directed by the State Government to undertake the preparation of valuation list, it shall determine the annual value of all holdings within the area of the Corporation in the manner provided in this chapter and the rules made thereunder and cause preparation and publication of the assessment list in the prescribed manner.

(4) A new valuation list under sub-sections (1) and (3) shall, unless otherwise directed by the State Government, be prepared in the same manner once in every six 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.

 

 

Section 107 - Publication of assessment list

 

(1) ???When an assessment list is prepared or [129] [revised by the Corporation, it] shall cause the [130] [* *] 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 Corporation shall also give a written notice thereof to the owner or occupier of the property, if known.

[131] (3) Such assessment list shall take effect from the beginning of the quarter of a year immediately following its publication.

 

 

Section 108 to 109 - [Omitted]

 

 

Section 110 - Application for review

 

[133] [(1) Any person who is dissatisfied with the assessment as appearing in the assessment list referred to in section 107 may prefer an application for review before the Corporation within a period of one month from the date of publication of such assessment list or service of written notice, as the case may be.

(2) ??No such application for review shall be entertained unless the amount of property tax on the previous valuation of any land or building has been paid or deposited in the office of the Corporation before such application is filed and every such application shall stand rejected unless such amount of tax is continued to be paid or deposited in the office of the Corporation till such application is finally disposed of.

 

 

Section 111 - Hearing of objection by Review Committee

 

[134] [(1) Every application under sub-section (1) of section 110 shall be heard and determined by a Review Committee to be constituted by the Corporation in the manner hereinafter provided in this section.

(2) ???Every Review Committee shall be presided over by the Mayor or the Deputy Mayor and shall consist of not less than two, but not more than four, Councillors appointed by the Corporation at a meeting :

Provided that no Councillor of the ward from which the application for review 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 the application in such manner as may be prescribed :

Provided that in the case of equality of votes, the person presiding shall have a second or casting vote :

Provided further that when the Corporation is dissolved, the State Government shall, by notification, appoint the Review Committee consisting of such number of member or members, including its President, if any, as may be specified in the notification for the purpose of hearing application for review preferred under sub-section (1) of section 110:

Provided also that the member or members, including the President, if any, 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.

(4) The decision of the Review Committee shall be final and no suit or proceedings 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.

 

 

Section 112 - Amendment and alteration of assessment list

 

(1)     Notwithstanding anything contained in this Chapter or in any other law for the time being in force, the Corporation may, for reasons to be recorded in writing, at any time, direct alteration and amendment of the assessment list in any of the following cases,-

 

(a)      when the ownership of holding changes; or

 

(b)      when any tenancy or any rent in respect of the holding changes; or

 

(c)      when the nature of use of the holding changes; or

 

(d)      when the land or building comprised in the holding has been redeveloped or substantially altered or improved during the period the annual valuation remains in force; or

 

 

(e)      when the holding has been acquired by purchase or otherwise by the State Government during the period the annual valuation remains in force; or

 

(f)       when the valuation or assessment has been set aside or declared void by an order of the Court necessitating re-valuation or reassessment of a holding; or

 

 

(g)      when it has been discovered that the holding has been grossly undervalued by reasons of any fraud, misrepresentation, mistake or error; or

 

(h)     when an alteration has been necessitated to correct any obvious clerical or arithmatical error.

 

 

(2)     No amendment or alteration of an assessment shall be made without giving the person affected an opportunity of being heard.

 

(3)     Any revision in the annual valuation of any holding or portion thereof as well as the. assessment consequent on such revision shall come into force from the beginning of a quarter of a year immediately following an order passed in this behalf by the appropriate authority, and shallremain in force for the unexpired portion of the period during which but for such amendment or alteration such annual valuation would have remained in force.

 

Section 113 - Addition to the assessment list

 

(1)     When a new building has been constructed or a new holding has been created by mutation, [135] [or by transfer or upon the inclusion of any local area within Asansol] or otherwise during a period an assessment list remains in force, the Mayor-in-Council may, at any time, cause the annual valuation of such building or holding and assessment thereon to be made in accordance with the provisions of this Act.

 

(2)     Before finalising the valuation and assessment of such holding, the Mayor-in-Council shall give the owner or occupier of such holding an opportunity to prefer an objection, if any, within a specified time to the proposed valuation which shall be heard and determined by [136] [the Review Committee constituted under section 111.]

(4) The Mayor-in-Council shall, as soon as possible thereafter, finalise the valuation and assessment and make addition thereof to the assessment list and such addition shall remain in force for the unexpired portion of the period during which the assessment list remains in force.

 

 

Section 114 - Submission of returns and inspection of holding for purpose of assessment

 

(1)     The Corporation may, with a view to determining the annual value of any holding and the person primarily liable for the payment of rate on such holding, by a written notice, require the owner or the occupier of the land or building comprised in such holding or portion thereof, to furnish a return in such form, within such period and in accordance with such procedure as may be prescribed.

 

(2)     The Corporation may, by a written notice, require the owner or the occupier of any holding or portion thereof used for public cinema show or theatrical performances or as a place of similar public recreation, or amusement or entertainment to furnish return in such form, within such period and in accordance with such procedure as may be prescribed.

 

 

(3)     Every owner or occupier on whom any notice is served under sub-section (1) or sub-section (2) shall be bound to comply with such notice and to furnish a return with a declaration that the statement made therein is correct to the best of his knowledge and belief.

 

(4)     The Chief Executive Officer or any person subordinate to him and authorised by him in writing in this behalf may, without giving any previous notice to the owner or the occupier of any land or building, enter upon, and make an inspection or survey and take measurement of, such land or building and verify the statement made in any return for such land or building submitted under this Chapter.

 

Section 115 - Transfer of title to land or building

 

(1)     Whenever the title of any person to any land or building is transferred, such person, if primarily liable for the payment of [138] [property tax] on such land or building, and the person to whom the title is so transferred shall, within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Corporation.

 

(2)     In the event of the death of any person primarily liable as aforesaid, the person on whom the title of such land or building devolves shall, within six months from the date of death of the former, give notice of such devolution in writing to the Corporation.

 

 

(3)     The notice under this section shall be in such form as may be prescribed, and the transferee or the person on whom the title devolves shall, if so required, be bound to produce before the Corporation any document evidencing the transfer or devolution.

 

(4)     If any person, who transfers his title to any land or building, fails to give any notice under this section to the Corporation, he shall, in addition to any penalty to which he may be subject under this Act, continue to be liable for payment of [139] [property tax] on such land or building until he gives such notice but nothing in this section shall be deemed to affect the liability of the transferee for payment of the [140] [property tax] on such land or building.

 

 

(5)     The Corporation shall, on receipt of a notice of transfer or devolution cause such transfer to be recorded in such form and in such manner as may be [141] [prescribed, and upon payment of such fee as may be determined by regulations].

 

(6)     On a request by the Corporation, the District Registrar of the district of Burdwan or the Sub-Registrar of the local registration office shall furnish such particulars regarding the registration of instrument and transfer of immovable property in the municipal area as the Corporation may from time to time require.

 

 

(7)     Notwithstanding anything contained in sub-section (6) the District Registrar of the district Burdwan or the Sub-Registrar of the local registration office shall furnish to the Corporation such particulars soon after the registration of instruments of transfer is effected, or, if the Corporation so requests such periodical returns at such intervals, as the Corporation may require.

 

 

Section 115A - Levy of surcharge on transfer of lands

 

[142] [(1) The Corporation shall levy a surcharge on the transfer of immovable property situated within Asansol, in the form of additional stamp duty.

(2) The rate of the surcharge, and the manner of-

(a)      collection of the surcharge,

 

(b)      payment of the surcharge to the Corporation, and

 

 

(c)      deduction of the expenses, if any, incurred by the State Government in course of collection of the surcharge, shall be such as may be prescribed.

 

 

Section 116 - Incidence of 1[property tax] of lands and buildings

 

(1)     The [143] [property tax] on lands and buildings shall be primarily leviable:-

 

(a)      if the land or building is let, upon the lessor,

 

(b)      if the land or building is sublet, upon the superior lessor,

 

 

(c)      if the land or building is unlet, upon the person in whom the right to let such land or building vests.

 

(2)     The [144] [property tax] on any land or building, which is the property of the Corporation and the possession of which has been delivered under any agreement or licensing arrangement, shall be leviable upon the transferee or the licensee, as the case may be.

 

(3)     The liability of the several owners of any building constituting a single unit of assessment, which is or is purported to be severally owned in parts or flats or rooms for payment of 1[property tax] or any instalment thereof payable during the period of such ownership shall be joint and several:

Provided that the Chief Executive Officer may apportion the amount of [145] [property tax] on such building among the co-owners.

 

 

Section 117 - Cases of annual value of land or building exceeding the amount of rent of such land or building

 

(1)     If the annual value of any land or building exceeds the amount of rent of such land or building payable to the person upon whom the 1[property tax] on such land or building is leviable under section 116, such person shall be entitled to receive from his tenant the difference between the amount of the [146] [property tax] on such land or building and the amount which would be leviable if the [147] [property tax] on such land or building were calculated on the basis of the rent payable to him.

 

(2)     If the annual value of any land or building which is sublet exceeds the amount of rent of such land or building payable to the tenant by his sub-tenant or to the sub-tenant by the person holding under him, the tenant or the sub-tenant shall be entitled to receive from his sub-tenant or the person holding under him, as the case may be, the difference between any sum recovered under this Act from such tenant or sub-tenant and the amount of [148] [property tax] on such land or building which would be leviable if the annual valuation of such land or building were equal to the difference between the amount of rent which such tenant or sub-tenant receives and the amount of rent he pays.

 

 

Section 118 - Recovery of sum due on account of on lands and buildings from occupiers

 

(1)     On the failure to recover any sum due on account of [149] [property tax] on any land or building from the person primarily liable therefor under section 116, the Chief Executive Officer shall recover from the occupier of such land or building, by attachment of the rent payable, by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of such land or building.

 

(2)     An occupier, from whom any sum is recovered under sub-section (1), shall be entitled to be reimbursed by the person primarily liable for the payment of such sum, and may, in addition to having recourse to other remedies that may. be open to him, deduct the amount so recovered from the amount of any rent becoming due from time to time from him to such person.

 

 

Section 119 - Payment of 1[property tax] in quarterly instalments

 

Save as otherwise provided in this Act, the [150] [property tax] on any land or building under this Chapter shall be paid by the person liable for the payment therefor in quarterly instalments.

 

 

Section 120 - property tax in a bustee

 

[151] [property tax] in a bustee

(1)     Notwithstanding anything contained elsewhere in this Act, the 1[property tax] on lands and buildings in a bustee shall, after deducting therefrom a sum equal to one-eighth of such rate, be paid by the owner of the land in the bustee.

 

(2)     Whenever a [152] [property tax] on land and building in a bustee is leviable, the owner of the land in such bustee may recover from the owner of each hut standing thereon-

 

 

(i)       half of the [153] [property tax] on the land on which the hut stands; and

 

(ii)      the [154] [property tax] on the hut standing on the land.

 

(3)     The sum deducted under sub-section (1) shall be retained by the owner of the land in the bustee-

 

(a)      as a set-off against the expenses which may be incurred in collecting the portion of the [155] [property tax] on lands and buildings recoverable under sub-section (2), and

 

(b)      as a commutation of all refunds in respect of the huts which are vacant or which may be removed or destroyed during the period the [156] [property tax] on lands and buildings remains in force.

 

 

Section 121 - Person liable to pay surcharge to recover it from the occupier

 

If any surcharge is levied on the [157] [property tax] on any land or building, the person liable to pay such surcharge, may recover the same from the occupier of such land or building who uses it for non-residential purpose:

Provided that if there is more than one such occupier, the amount of surcharge may be reteably apportioned among them by such person for the purpose of recovery under this section.

 

 

Section 122 - Default of payment property ta]

 

Default of payment [158] [property tax]

(1)      When a person liable for the payment of the [159] [property tax] on lands and buildings or surcharge on the[160] [property tax] defaults to pay the sum due within the prescribed period, a sum not exceeding twenty-five per cent of the amount of the [161] [property tax] or the surcharge, as may be determined by the Corporation by regulations, may be recovered from him by way of penalty, in addition to the amount of the [162] [property tax] or the surcharge payable by him.

 

(2)      The amount due as penalty under sub-section (1) shall be recoverable as an arrear of tax under this Act.

 

 

Section 123 - Certificate of enlistment for profession, trade and calling

 

[163] [D. Professions, trades and callings.]

[164] [(1) Every person engaged or intending to be engaged in any profession, trade or calling in any area within the jurisdiction of the Corporation, either by himself or by an agent or representative, shall obtain a certificate of enlistment or get the same renewed annually, as the case may be, from the Chief Executive Officer or, in his absence, the officer authorised to function as the Chief Executive Officer upon presentation of an application together with such application fee, [165] [not exceeding rupees five hundred,] as may be determined by the Corporation 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.

(2) The Chief Executive Officer or, in his absence, the officer authorised to function as the Chief Executive Officer shall, after making such enquiry as may be necessary and within thirty days of the receipt of the application under sub-section (1), grant him a certificate of enlistment if the application is in order, or shall reject the application if it is not in order.

 

 

Section 124 - Tax on advertisement

 

(1)     Every person, who erects, exhibits fixes or retains upon or over any land, building, wall, hoarding, frame, post, kiosk or structure on, upon, or in any vehicle any advertisement, or who displays any advertisement to public view in any manner whatsoever visible from a public street or other public place, shall pay for every advertisement which is so erected, exhibited, fixed, retained or displayed to public view, a tax at such rate, not exceeding the rate mentioned in Schedule IV, as may be determined by the Corporation.

 

(2)     When any person pays any tax for any advertisement under sub-section (1), the Chief Executive Officer shall grant him a licence in respect of such advertisement specifying the period for which it is valid.

 

(3)     The Corporation may by regulation determine the conditions for the grant of licence under this section and the time for, and the manner of, payment of the tax under this section.

 

Section 125 - Prohibition on advertisements without payment of tax

 

No advertisement for which tax is payable under section 124 shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure or shall be displayed to public view in any manner whatsoever in any place unless the tax is paid.

 

Section 126 - Presumption in case of contravention

 

Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure or within a public street or a public place in contravention of the provisions of this Act or any rules or regulations made thereunder, it shall be presumed that the contravention has been committed by the person or persons or their agents on whose behalf the advertisement purports to be so erected, exhibited, fixed or retained.

 

Section 127 - Power of Chief Executive Officer in case of contravention

 

If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or any rules or regulations made thereunder, the Chief Executive Officer may require the owner or the occupier of the land, building, wall, hoarding 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 building, land or property and have the advertisement dismantled, taken down or removed or spoiled, effaced or screened.

 

Section 128 - Exceptions

 

The provisions of sections 124 to 125 shall not apply to any advertisement which-

(a)      relates to a public meeting or an election to the Parliament or the State Legislature or the Corporation or any candidature in respect of such election; or

 

(b)      is exhibited within the window of any building if the advertisement relates to any trade, profession or business carried on in such building; or

 

(c)      relates to any trade, profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale entertainment or meeting to be held on or upon or in such land or building; or

 

 

(d)      relates to the name of any land or building upon or over which the advertisement is exhibited or to the name of the owner or the occupier of such land or building; or

 

(e)      relates to any railway administration and is exhibited within any railway station or upon any wall or other property of a railway administration; or

 

 

(f)       relates to any activity of the Government or the Corporation; or

 

(g)      is not exhibited for the purpose of any trade and relates to any-

 

 

(i)       public charitable institution, or

 

(ii)      public educational institution, or

 

(iii)     public hospital, or

 

(iv)    free dispensary, or

 

 

(v)      place of worship, or

 

(vi)    information or direction given to the public for their convenience or guidance.

 

Section 129 - Tax on carts, carriages and animals

 

A tax shall be imposed by the Corporation on all carts, carriages and animals kept within the boundaries of the Corporation except-

(a)      carriage kept for sale by bonafide dealers in carriages and not used for any other purpose;

 

(b)      carriages and animals maintained by any authority for the purpose of a fire birgade;

 

(c)      carriages and animals belonging to Government and maintained for police or military purposes; and

 

(d)      such other classes of carriages and animals as may be prescribed.

Explanation I.-The expression ?carriage? include hackney carriage, rickshaw, cycle-rickshaw, four-wheeled or two-wheeled carriage, jin rickshaw, bicycle or tricycle, car drawn by animals, pushcart or thela but does not include children's perambulators or tricycles.

Explanation II.-The expression animals includes horse, donkey, mule, pony, cow, buffalo goat, pig, sheep and dog.

 

Section 130 - Rate of tax

 

The rate of tax on carriages and animals shall be such as may be determined by regulations and different rates may be fixed for different classes of carriages or animals:

Provided that the rate of such tax shall not exceed one hundred rupees annually in the case of a carriage or an animal.

 

Section 131 - Tax on whom leviable

 

The tax on carriages and animals shall be leviable upon the owners or the persons having possession or control of the carriages or the animals:

Provided that in the case of an animal generally used or employed in drawing any carriage, the tax in respect of such animal shall be leviable upon the owner or the person having possession or control of such carriage, whether or not such animal is owned by such owner or such person.

 

Section 132 - Licence

 

(1)     When the owner or the person having possession or control of any carriage or animal pays to the Corporation the tax payable by him under this Act, the Chief Executive Officer shall grant him a licence.

 

(2)     The Chief Executive Officer may require the owner or the person having possession or control of any carriage or animal or the occupier of any land or building on or in which any animal is kept to furnish such statement in relation to such carriage or animal as may be prescribed.

 

(3)     The Chief Executive Officer may, by a written notice, require any person who carries on trade or business of a livery stable-keeper to produce for inspection all books and accounts relating to such trade or business.

 

Section 133 - Power of Mayor-in-Council to compound for tax

 

The Mayor-in-Council may compound, for any period not exceeding one year at a time, with any livery stable-keeper or other person keeping vehicles for hire or animals for sale or hire for a lump sum to be paid by such livery stable-keeper or other person in respect of the vehicles or animals so kept in lieu of the taxes which such livery stable-keeper or other person would otherwise be liable to pay under this Act.

 

Section 134 - Power of Corporation to make regulations providing for manner of imposition, etc. of tax

 

The Corporation may by regulations determine the manner of imposition, payment, refund and remission of tax on carriages and animals, the time for payment of such tax and the conditions under which a licence may be granted.

 

Section 135 - Levy of toll

The Corporation may, with the sanction of the State Government,-

(i)       establish a toll-bar on any public street (except a Kutcha road), whether situated in Asansol, vested in the Corporation and constructed or reconstructed by or on behalf of the Corporation; and

 

(ii)      levy tolls at such toll-bar on persons, vehicles and animals passing over such street:

Provided that no toll-bar shall be established or tolls levied otherwise than for the purpose of recovering-

(a)      the expenses incurred by the Corporation in constructing or reconstructing such street;

 

(b)      interest on such expenses-

 

 

(i)       at the rate of four per cent per annum; or

 

(ii)      when such expenses are defrayed wholly or in part from a loan, one and a half per cent per annum above the rate of interest chargeable on such loan; and

(c)      the capitalised value of the estimated cost of the Corporation for maintaining such street.

 

Section 135A - Levy of special conservancy charge

 

[166] [(1) The Corporation may levy a special conservancy charge on the commercial and industrial establishments for providing municipal services in connection with removal of solid wastes.

(2) The charge for the purpose of sub-section (1) shall be such as may be determined by the Corporation from time to time.

(3) The Corporation may make regulations specifying the occasions on which such charge may be imposed as well as the rate of charge, the mode of collection and other matters incidental thereto.

 

 

Section 136 - Manner of recovery of taxes under this 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-

(a)      by presenting a bill, or

 

(b)      by serving a notice of demand, or

 

(c)      by distraint and sale of defaulter's movable property, or

 

 

(d)      by the attachment and sale of a defaulter's immovable property, or

 

(e)      in the case of [167] [property tax] of land and buildings, by the attachment of rent due in respect of the land or the building, or

 

 

(f)       by a certificate under the Bengal Public Demands Recovery Act 1913.

 

 

Section 137 - Time and manner of payment of taxes

 

(1) Save as otherwise provided in this Act, any tax levied under this Act shall be payable on such dates, in such number of instalments and in such manner as may be prescribed.

(2) If any amount due is paid on or before the date determined under sub-section (1), a rebate of five per cent of such amount shall be allowed.

 

Section 138 - Presentation of bill

 

(1)     When any tax has become due, the Chief Executive Officer shall cause to be presented to the person liable for the payment thereof a bill for the amount due:

Provided that no such bill shall be necessary in the case of-

(b) a tax on advertisements;

(c) a toll.

Explanation.-A bill shall be deemed to be presented under this section if it is sent by post under certificate of posting to the person liable for payment of the amount included in the bill, and in such case, the date borne on such certificate of posting shall be deemed to be the date of presentation of the bill to such person.

(2)     Every such bill shall specify the particulars of the tax and the period for which charge is made.

 

 

Section 139 - Notice of demand and notice fee

 

(1)     Save as otherwise provided in this Act, if the amount of the tax for which a bill has been presented under section 138 is not paid within thirty days from the presentation thereof [169][* * * * *] or the tax on advertisements is not paid after it has become due, the Chief Executive Officer may cause to be served upon the person liable for the payment of the same notice of demand in such form as may be specified by the Corporation by regulations.

 

(2)     For every notice of demand which the Chief Executive Officer causes to be served on any person under this section, a fee of such amount, not exceeding twenty five rupees, as the Corporation may determine by regulations shall be payable by the said person and shall be included in the cost of recovery.

 

 

Section 140 - Penalty in case of default of payment of taxes

(1)     If the person liable for the payment of any tax does not, within thirty days of the service of the notice of demand under section 139, pay the sum due and if no appeal is preferred against such tax, he shall be deemed to be in default.

 

(2)     When the person liable for the payment of any tax is deemed to be in default under sub-section (1), such sum, not exceeding fifteen per cent, of the amount of tax, as may be determined by the Corporation by regulations, may be recovered from him by way of penalty, in addition to the amount of the tax, the notice fee payable under sub-section (2) of section 139 and simple interest in accordance with subsection (3).

 

 

(3)     Simple interest at such rate as may be determined by the State Government from time to time shall be payable on any amount of tax remaining unpaid with effect from the date from which the person referred to in sub-section (1) becomes a defaulter under that sub-section.

 

(4)     The amount due as penalty or interest under this section shall be recoverable as an arrear of tax under this Act.

 

Section 141 - Recovery of tax

 

(1)     If any person liable for payment of tax does not within thirty days after the expiry of thirty days referred to in sub-section (1) of section 140, pay the amount due, such sum together with all costs, interest due and penalty may be recovered under a warrant, issued in such form as may be specified by the Corporation by regulations, by distress and sale of the movable property or the attachment on sale of the immovable property of the defaulter: 

Provided that the Chief Executive Officer shall not recover any sum the liability of which has been remitted on appeal under the provisions of this Act.

(2)     Every warrant issued under this section shall be signed by the Chief Executive Officer or any other officer authorised by him in this behalf.

 

Section 142 - Distress

(1)     It shall be lawful for any officer or other employee of the Corporation to whom a warrant issued under this Chapter is addressed to distrain, wherever it may be found in any place in Asansol any movable property belonging to the person therein named as defaulter subject to the following condition, exception and exemptions, namely:- 

 

(a)      the following property shall not be distrained:-

 

(i)       the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils;

 

(ii)      tools of artisans;

 

(iii)     books of accounts;

 

(b)      the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under warrant, and if any property has been distrained which, in the opinion of the Chief Executive Officer, should not have been distrained, it shall forthwith be released.

 

(2)     The person charged with the execution of a warrant shall in the presence of two witnesses forthwith make an inventory of the property which he seizes under such warrant, and shall, at the same time, give a written notice in such form as may be specified by the Corporation by regulations to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned.

 

(3)     If there is reason to believe that any property seized under a warrant of distress issued under section 139, if left in the place where it is found is likely to be removed by force, the officer executing the warrant may take it to the office of the Corporation or to any place appointed by the Chief Executive Officer.

 

Section 143 - Disposal of distrained property and attachment and sale of recoverable property

 

(1)     When the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Chief Executive Officer shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and he shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.

 

(2)     If the warrant is not in the meantime suspended by the Chief Executive Officer or discharged, the property seized shall, after the expiry of the period mentioned in the notice served under sub-section (2) of section 142, be sold by public auction by order of the Chief Executive Officer.

 

 

(3)     When a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge and declaring that such property will be sold unless the amount of tax due with all costs or recovery is paid into the Corporation office within fifteen days from the date of attachment.

 

(4)     A copy of the order under sub-section (3) shall be affixed on a conspicuous part of the property and upon a conspicious part of the Corporation office.

 

 

(5)     Any transfer of or charge on the property attached or any interest therein made without written permission of the Chief Executive Officer shall be void as against all claims of the Corporation enforceable under the attachment.

 

(6)     The surplus of the sale proceeds, if any, shall, immediately after the sale of the property, be credited to the General Account of the Municipal Fund, and notice of such credit shall be given at the same time to the person whose property has been sold or his legal representatives and if the same is claimed by written application to the Chief Executive Officer within one year from the date of the notice, a refund thereof shall be made to such person or representative.

 

(7)     All sales of property under this section shall, so far as may be practicable, be regulated by the procedure in force for the time being in the sessions? Court with respect to a sale after distress.

 

 

(8)     No officer or employees of the Corporation shall directly or indirectly purchase any property at any such sale.

 

(9)     Any surplus not claimed within one year as aforesaid shall be the property of the Corporation.

 

(10)   For every distraint and attachment made in accordance with the foregoing provisions, 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 Chief Executive Officer shall be charged and included in the cost of recovery

 

Section 144 - Recovery from person about to leave Asansol

 

(1)     If the Chief Executive Officer has reason to believe that any person from whom any sum is due or is about to become due on account of any tax is about to move from Asansol, he may direct the immediate payment by such person of the sum so due or about to become due and to cause a notice of demand for the same to be served on such person.

 

(2)     If, on the service of the such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress or attachment and sale in the manner hereinbefore provided, and the warrant of distress or attachment and sale may be issued and executed without any delay.

 

Section 145 - Recovery under Ben. Act 3 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 such due may be recovered by the Chief Executive Officer by certificate under the Bengal Public Demands Recovery Act, 1913, together with interest and cost of recovery.

 

Section 146 - Distrait 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-

(a)      any defect or want of form in the notice, summons, notice of demand, warrant of distress inventory or other proceeding relating thereto, or

 

(b)      any irregularity committed by such person:

Provided that any person aggrieved by such defect or irregularity may, by order of a Court of competent jurisdiction recover the full satisfaction of any special damage sustained by him.

 

Section 147 - Occupiers may be required to pay rent towards satisfaction of property tax

 

Occupiers may be required to pay rent towards satisfaction of [170] [property tax]

(1)     For the purposes of recovery of any [171][property tax] from any occupier under section 118, the Chief Executive Officer shall cause to be served on such occupier a notice requiring him to pay to the Corporation any rent due or falling due from him in respect of the land or building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section.

 

(2)     Such notice shall operate as an attachment of such rent unless the portion of the sum due shall have been paid and satisfied, and the occupier shall be titled to credit in account with the person to whom such rent is due for any sum paid by him to the Corporation in pursuance of such notice:

Provided that if the person to whom such rent is due is not the person primarily liable for payment of the [172][property tax], he shall be entitled to recover from the person primarily liable for the payment of such tax any amount for which credit is claimed as aforesaid.

(3)     If any occupier fails to pay to the Corporation any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by the Corporation as an arrear of tax under this Act.

 

 

Section 148 - Recovery of property tax on lands and buildings or any other tax or charges when owner of land or premises is unknown or ownership is disputed

 

Recovery of [173] [property tax] on lands and buildings or any other tax or charges when owner of land or premises is unknown or ownership is disputed

(1)       If any money is due under this Act from the owner of any land or premises on account of [174] [property tax] on lands and buildings or any other tax, expenses or charges recoverable under this Act and if the owner of such land or premises is unknown or the ownership thereof is disputed, the Chief Executive Officer may publish twice, at an interval of not less than two months, a notification of such dues and of sale of such land or premises for realisation thereof and after the expiry of not less than one month from the date of last publication of such notification, unless the amount recoverable is paid, may sell such land or premises by public auction to the highest bidder, who shall deposit, at the time of sale, twenty-five per cent, of the purchase money, and the balance thereof within thirty days of the date of sale. Such notification shall be published in the Official Gazette and in local newspaper and by displaying on the land or the premises concerned.

 

(2)       After deducting the amount due to the Corporation as aforesaid the surplus sale proceeds, if any, shall be credited to the Gerneral Account of the Municipal Fund and may be paid, on demand, to any person who establishes his right thereto to the satisfaction of the Chief Executive Officer or a court of competent jurisdiction.

 

(3)       Any person may pay the amount due at any time before the completion of the sale, whereupon the sale shall be abandoned. Such person may recover such amount by a suit in a court of competent jurisdiction from any person beneficially interested in such land or premises.

 

 

Section 149 - Taxes not invalid for defect of form

(1)     No assessment and no charge or demand of the [175] [property tax] of lands and buildings or of any other tax made under this Act shall be called in question or shall in any way be affected by reason of-

 

(a)      any clerical or arithmetical mistake arising from any accidental slip or omission-

 

(i)       in the description of any property or thing liable to such tax, or

 

(ii)      in the description of any property or thing liable to such tax, or

 

(iii)     in the amount of assessment of such tax, or

 

 

(b)      (i) any clerical error, or

(ii) any defect of form, not being of a substantial nature:

Provided that the Chief Executive Officer may, either of his own motion or on the application of any aggrieved person, correct any clerical or arithmetical mistake or clerical error or defect of form as aforesaid.

(2)     It shall suffice for the purpose of levying any tax under this Act or of any assessment of value of any property under this Act, if the property taxed or assessed is so described as to be generally known, and it shall not be necessary to name the owner or the occupier thereof.

 

 

Section 150 - Cancellation of irrecoverable dues

 

The Corporation may by order strike off the books of the Corporation any sum due on account of the[176] [property tax] on lands and buildings or any other tax or on any other account, which may appear to it to be irrecoverable.

 

Section 151 - Apportionment of property tax by the person primarily liable to pay

 

B. Recovery of [177] [property tax] by person primarily liable to pay to the Corporation

Apportionment of [178] [property tax] by the person primarily liable to pay

Save as otherwise provided in this Act, the person primarily liable to pay the [179] [property tax] in respect of any land or building may recover,-

(a)      if there be but one occupier of the land or building, from such occupier half of the rate so paid, and may, if there be more than one occupier, recover from each occupier half of such sum as bears to the entire amount of rate so paid by the owner the same proportion as the value of the portion of the land or building in the occupation of such occupier bears to the entire value of such land or building:

Provided that if there be more than one occupier, such half of the amount may be apportioned and recovered from each occupier, in such proportion as the annual value of the portion occupied by him bears to the total annual value of such land or building;

(b)      the entire amount of the surcharge on the 1[property tax] on any land or building from the occupier such land or building who uses it for commercial or non-residential purpose.

 

 

Section 152 - Mode of recovery

 

If any person is primarily liable to pay any [180] [property tax] on any land or building and is entitled to recover any sum from an occupier of such land or building, he shall have, for recovery thereof, the same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled to recover such sum.

 

 

Section 153 - The property tax of lands and buildings to be first charge on premises

 

The [181] [property tax] of lands and buildings to be first charge on premises

The [182][property tax] on lands and buildings due from any person shall, subject to the prior payment of land revenue (if any) due to the Government thereupon, be a first charge upon the land or the building belonging to such person and upon the movable property (if any) found within or upon such land or building.

 

 

Section 154 - Public water-works, etc. to vest in the Corporation

 

All public tanks, reservoirs, cisterns, wells, tubewells, aqueducts, conduits, tunnels, pipes, taps and other water-works, whether made, laid or erected at the cost of the Municipal Fund or otherwise, and all bridges, buildings, engines, works, materials, and things, connected therewith or appertaining thereto and also any adjacent land (not being private property) appertaining to any public tanks, which is situated in Asansol, shall vest in the Corporation:

 Provided that the Corporation may, with the approval of the State Government, make over the water-works for development and maintenance to a separate and independent agency and it shall be lawful for such agency to construct or acquire new water-works.

 

Section 155 - Rights over sub-soil water resources

 

(2) No person shall sink a tubewell in Asansol except with the prior permission of the Chief Executive Officer.

(3) The Chief Executive Officer may grant such permission on such terms and conditions as may be determined by regulation.

 

 

Section 156 - Supply of filtered and unfiltered water

 

(1)     The Corporation shall, within the limits of its capacity, provide for the supply of-

 

(a)      filtered water in all parts of Asansol for domestic purposes, and

 

(b)      unfiltered water for the purpose of street-watering, flushing of municipal drains, public privy and urinals, gully pits and extinguishing fire.

 

 

(2)     Notwithstanding the provisions of sub-section (1), the Corporation may supply filtered water and unfiltered water for any other purpose on such terms and conditions as may be provided by regulation made by it in this behalf.

 

Section 157 - Power of Chief Executive Officer to allow owner or occupier of premises to lay down service pipes

 

Subject to such conditions as the Corporation may from time to time impose, the Chief Executive Officer may allow any person owning or occupying any premises to lay down service-pipes from the mains of the Corporation for the purpose of bringing into the premises a supply of filtered and unfiltered water for use therein under the provisions of this Act or the regulations made thereunder.

 

Section 158 - Private connections to premises

 

All private connections to premises from the mains of the Corporation for the supply of water therein and all pipes, taps and other fittings used for such supply shall be made, maintained and regulated in accordance with such regulations as may be made in this behalf.

 

Section 159 - Regulation of consumption of water and provisions for meters

 

No owner or occupier of any premises shall suffer water to be wasted. The Corporation may establish block meter for any area or cause meters to be attached to premises for recording the supply of filtered water for regulation of consumption of water and prevention of wastage of water in such manner and may impose fees at such rates for consumption beyond such limit, as may be determined by regulations.

 

Section 160 - Bathing platforms and urinals, latrines and public stand posts

 

The Corporation may erect bathing platforms, urinals, latrines and public stand posts to be maintained in such manner as may be determined, and may levy such user fees for realisation of cost of maintenance thereof as may be specified, by regulations.

 

Section 161 - Public drains and drains in, alongside or under public streets; to vest in Corporation

(1)     All public drains, and all drains in, alongside or under any public street, whether made at the charge of the Municipal Fund or otherwise, and all works, materials and things, appertaining thereto, which are situated at Asansol shall vest in the Corporation:

Provided that the Corporation may, with the approval of the State Government, make over the trunk-sewers, sewage treatment plants, pumping stations and other utilities to a separate and independent agency for maintenance and development and it shall be lawful for such agency to construct new trunk-sewers, sewage treatment plants, pumping stations or other utilities.

(2)     For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain, so much of the sub-soil appertaining to the drain as may be necessary for the said purpose shall also be deemed to vest in the Corporation.

 

Section 162 - Drains; etc., constructed; etc. at charge of Municipal Fund in premises to vest in Corporation

 

All drains and ventilation-shaft, pipes and other appliances and fittings connected with drainage works constructed, erected or set up at the charge of the Municipal Fund in or upon premises not belonging to the Corporation, whether for the use of the owner or the occupier of such premises or not, shall, unless the Corporation otherwise determines, vest and be deemed always to have vested in the Corporation.

 

Section 163 - Private streets, etc., not to etc. constructed over municipal drain without permission

 

(1)     Without the written permission of the Chief Executive Officer granted in accordance with such regulations as may be made by the Corporation in this behalf,-

 

(a)      no private street shall be constructed over any municipal drain, or

 

(b)      no wall or other structure shall be newly erected over any municipal drain, or

 

(c)      no wall, fence or structure shall be erected on the bed, bank or embankment or any municipal sewage or storm-water channel, nor any portion thereof shall be interfered with, encroached upon, altered or occupied for fishery, agriculture or any other purpose.

 

 

(2)     If any private street is constructed, or any wall or other structure is erected over any municipal drain, or any wall, fence or structure is erected on the bed or embankment of any municipal sewage or storm water channel or if any portion thereof is interfered with, encroached upon, altered or occupied without the written permission of the Chief Executive Officer, the Chief Executive Officer may remove or otherwise deal with the same in such manner as he may think fit and the expenses incurred by the Corporation in so doing shall be paid by the owner of such private street, wall or other structure or by the person who interferes with or encroaches upon or alters or occupies, as the case may be.

 

Section 164 - Right of owner or occupoer of premises to empty his house-drains into municipal drain

 

The owner or the occupier of any premises shall be entitled to cause his house-drains to empty into a municipal drain, provided that before so doing, he obtains the written permission of the Chief Executive Officer and complies with such conditions as the Chief Executive Officer may determine as to the mode in which, and the superintendence under which, communications between house-drains and municipal drains are to be made.

 

Section 165 - Connection with municipal drain not to be made except in conformity with section 164

 

(1) ???No person shall, without complying with the provisions of section 164, make or cause to be made, any connection of a house-drain with a municipal drain.

(2) ??The Commissioner may in accordance with such regulations as may be made by the Corporation in this behalf close, demolish, alter or remake any connection made in contravention of sub-section (1), and the expenses incurred in so doing shall be paid by the owner or the occupier of the premises for the benefit of which such connection was made or by the person who made or caused to be made such connection.

[184](3) ?Notwithstanding anything contained in the foregoing provisions of this section no drain shall be used for disposal of trade effluents or waste from slaughter house or such items as may cause any health hazard, except in such manner as the Corporation may direct.

[185](4) ?The Corporation may, by regulations, prescribe the parameter limits and compoundable lines for the disposal of waste water.

[186] (5) the Corporation may levy a sewer charge at such rate as it may determine.

 

 

Section 166 - House-drain closed cess-pool, etc

 

Where any premises is in the opinion of the Chief Executive Officer without sufficient means of effective drainage, the Chief Executive Officer may by written notice require the owner of the premises to construct a house-drain up to a point to be specified in the notice or to construct a closed cesspool and drains emptying into such cesspool in such manner as may be determined by regulation.

 

Section 167 - Grouping of combination of house-drains and enforcement of drainage to undrained premises

The Corporation may, if it considers necessary, make regulations for grouping or combination of house-drains for economic or operational advantages and for enforcement of drainage of undrained premises and for any other matters in connection with drainage.

 

Section 168 - Municipal drains may communicate with public drains, etc

 

Subject to the approval of the State Government, the Corporation may, if necessary, make the municipal drains communicate with, or empty into, any public drain, lake, canal or water course outside the municipal limit of the Corporation and may, in doing so, exercise throughout the line outside the municipal limit of the Corporation along which the municipal drains are to run all the powers exercisable by it under this Act if the said municipal drains were to run entirely within the municipal limit of the Corporation.

Section 169 - Certain matters not to be passed into municipal drains

 

(1)     No person shall throw, empty or otherwise discharge into any water source, channel or municipal drain within or outside the municipal limit of the Corporation any matter, refuse, trade effluent or waste so as to cause pollution, health hazard or nuisance prejudicial to environment.

 

(2)     Subject to the provisions of any other law for the time being in force, the Corporation may by regulation provide for treatment standard to be maintained before discharge of any industrial waste or foul water or refuse into any river, water source, channel or municipal drainage and sewerage system. 

 

Section 170 - Placing or carrying any pipe, etc

 

over, under or across any immovable property.-If it appears to the Mayor-in-Council that it is necessary to place or carry any pipe or drain over, under or across the immovable property of any person to maintain the only or the most convenient municipal water-supply to, and drainage of, any premises, the Mayor-in-Council may, after giving the owner of the immovable property an opportunity of being heard, authorise the owner or occupier of the premises to place or carry such pipe or drain over, under or across such immovable property in such manner as it may think fit to allow. 

Section 171 - Placing and maintenance of aqueducts, etc. over, under or across any immovable property

 

The Corporation may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under or across any immovable property within or without the local limit of the Corporation and may enter any property for such purpose:

Provided that the Corporation shall not acquire any right other than the right of user in the property over, under or across which any aqueducts, conduits, lines of mains, pipes or drains are placed.

 

Section 172 - Maps of underground utilities

 

The Chief Executive Officer shall cause to be maintained complete survey maps, drawings and descriptions of all underground utilities in Asansol including water-supply mains, supply pipes, sewers and connections thereto in such form and in such manner as may be prescribed and shall ensure the secrecy of the same in conformity with the provisions of the Official Secrets Act, 1923.

 

Section 173 - Power of Corporation to provide and maintain public privies and urinals.-The Corporation shall

 

(a)      provide and maintain, in proper and convenient situations, water closets and urinals for the use of the public, and

 

(b)      cause such water closets and urinals to be constructed and kept so as not be a public nuisance or injurious to public health.

 

Section 174 - License for public toilets and urinals

 

(1)     The Corporation may grant license to a private individual or organisation for maintenance and regulation of use of public toilets and urinals constructed by it and on such terms and conditions as may be determined by regulations.

 

(2)     Such licensee shall be entitled to recover from the users such fee for the use of the public toilets and urinals as may be determined by regulations.

 

 

(3)     No person shall keep or maintain a toilet or urinal for public use without the specific permission of the Corporation and the Corporation may impose such conditions therefor as it may consider necessary.

 

Section 175 - Conversion of service privies into sanitary toilets or septic tank latrines

 

(1)     Whenever it appears necessary on sanitary or environmental grounds, the Mayor-in-Council may declare any ward or part of a ward of the Corporation as the area-

 

(i)       where, if the area be one covered with sewerage system all existing service privies shall be converted into sanitary toilets with necessary connection with the sewerage system, and

 

(ii)      where, if the area is not one covered with sewerage system, all service privies shall be converted into sanitary latrines, within such period as may be fixed by the Mayor-in-Council.

 

(2)     In any area in respect of which a declaration has been made under sub-section (1), the owners of the premises served by service privies shall cause such conversion under clause (i) or clause (ii), as the case may be, of sub-section (1), to be made at their own cost.

 

(3)     If any such owner fails to cause such conversion to be made under sub-section (2), the Corporation may cause the conversion to be made and recover the expenses thereof together with such penalty, not exceeding twenty per cent of the expenses so incurred, from such owner within such period and in such manner as may be determined by regulations.

 

Section 176 - Privy, urinal and other accommodation at premises for twenty or more labourers or workmen

 

(1)     There shall be provided in every new building at or in which 1[ten or more labourers or workmen are likely to be employed, and in any part of which a manufacturing process is likely to be carried on with the aid of power, or is likely to be ordinarily so carried on,] such privy and urinal accommodation and such accommodation for bathing or washing of clothes and domestic utensils as the Corporation may decide.

 

(2)     Where any premises at or in which [187] [twenty or more labourers or workmen are employed, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,] are without privy, urinals, bathing or washing place accommodation or with inadequate accommodation, the Mayor-in-Council may by written notice require the owner of such premises to provide such privy, urinals underground utilities in Asansol including water-supply mains, bathing or washing place accommodation as it may determine.

 

 

Section 177 - Provisions for privy and urinal accommodation in premises where accommodation is not provided or is insufficient

 

If any premises intended for human habitation are without privy or urinal accommodation or the existing accommodation is, in the opinion of the Mayor-in-Council, insufficient, inefficient or for sanitary reasons objection-able, the Mayor-in-Council may, by a written notice, require the owner of such premises to-

(a)      provide such privy or such additional privy or urinal accommodation as it may decide, or

 

(b)      make such structural or other alterations in the existing privy or urinal accommodation as it may decide, or

 

 

(c)      substitute, notwithstanding the provisions contained in section 175, any service privy or service urinal accommodation by connected privy or connected urinal accommodation where there is underground sewerage system, and by septic-tank privy or septic-tank urinal accommodation where there is no underground sewerage system, within ninety days of such notice.

 

Section 178 - Position of cesspools

 

(1)     No person shall construct a cesspool-

 

(a)      beneath any part of any building or within fifteen metres of any tank, reserve, water source or well, or

 

(b)      upon any site or in any position in Asansol which has not been approved in writing by the Chief Executive Officer, or

 

 

(c)      upon any site or in any position outside Asansol which has not been so approved and is situated within ninety metres of any reservoir, used for storage of filter water to be supplied to Asansol.

 

(2)     The Chief Executive Officer may at any time by a written notice require the owner of the premises in which any cesspool has been constructed in contravention of the provisions of sub-section (1) to remove such cesspool and to fill up the cesspool with such materials as may be approved by him.

 

Section 179 - House-drains, etc. to be subject to survey and control of the Corporation

 

All house drains, within as well as without the premises to which they belong, and all cesspools, privies and urinals shall, as respects their site, construction, materials and dimension and arrangements for flushing the same, be under the survey and the control of the Corporation and subject to such regulations as the Corporation may make in this behalf.

 

Section 180 - Power of Corporation to grant licence to plumbers

 

(1)     The Corporation may, from time to time, grant to any person it thinks fit, a licence to act as a plumber for the purposes of this Act.

 

(2)     Every such licence shall be granted in such manner and in such form and on such terms and conditions as may be determined by the Corporation by regulations.

 

Section 181 - Vesting of public streets in the Corporation

 

(1)     All streets and public places, squares, parks, and gardens not being the property of, and kept under the control of Government of the Board of Trustees for the Improvement of Asansol including the soil, sub-soil and the side-drains, footways, pavements, trees, stones and other materials, implements and other things provided for such streets and other public places, which are situated in Asansol shall vest in the Corporation.

 

(2)     Whenever the Corporation proposes to determine the name by which any public street or public place is to be known or to change the name of any public street or public place, it shall refer the proposal to an Advisory Committee constituted under sub-section (3) for its consideration.

 

 

(3)     The State Government shall, by notification, constitute an Advisory Committee for naming, or changing the name of, any public street or square in Asansol. The Advisory Committee shall consist of such number of persons, not exceeding eight but not less than five, as the State Government may think fit.

 

Section 182 - Functions of the Chief Executive Officer in respect of public streets

 

The Corporation shall cause all public streets vested in it under section 181 to be maintained by the Chief Executive Officer who shall for this purpose do all things necessary for the public safety and convenience including the construction and maintenance of the bridges, causeways, sub-ways, flyovers and culverts.

Section 183 - Power to make new public street, etc

 

The Corporation may lay out and make new public streets, constuct bridges, sub-ways and flyovers classify public streets into different categories, turn or divert any existing public street, prescribe a regular line for streets or buildings on one or both sides of any public street, and take steps in pursuance of a plan for improvement of street and street alignments and may, by regulation, make provisions in this regard.

 

Section 184 - Power of Corporation to remove or alter obstruction, encroachment or projection

 

(1)     No person shall, except with the permisson of the Chief Executive Officer, cause any obstruction to or encroachment upon or projection over or otherwise occupy any portion of any public street or other public place.

 

(2)     When any verandah, platform, building or other structure or any fixture attached to a building so as to form part of the building (whether erected before or after the commencement of this Act) causes a projection, encroachment or obstruction over or on any public street or other public place vested in the Corporation the Chief Executive Officer, in accordance with such regulations as may be made by the Corporation, may, by a written notice, require the owner or the occupier of the building to remove or alter such verandah, platform, building or other structure or fixture.

 

Section 185 - Power to move anything erected, deposited or hawked in contravention of the Act

 

The Chief Executive Officer may, without notice, cause to be removed-

(a)      any wall, fence, rail, post, step, booth or other structure or fixture which may be erected or set up in or upon any street, footpath or upon or over any open channel drain, well or tank contrary to the provisions of this Act;

 

(b)      any article, bench, box, ladder, bale, board or shelf or any other thing whatsoever placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of the provisions of this Act;

 

 

(c)      any article whatsoever hawked or exposed for sale in any public place or in any public street or footpath in contravention of the provisions of this Act and any vehicle, package, box, board, shelf or any other thing in or on which such article is placed or kept for the purpose of sale, display, or otherwise.

 

Section 186 - Prohibition of tethering of animals and milking of cattle

 

(1)     No person shall tether any animal or cause or permit any animal to be tethered or strayed in any public street or other public place.

 

(2)     No person shall milk or cause or permit to be milked any cow or buffalo or other animal in any street or other public place.

 

(3)     Notwithstanding anything contained in any other law for the time being in force, the Chief Executive Officer may cause to be removed or impounded any animal tethered or being milked or found straying in any street or other public place.

 

Section 187 - Power of Corporation to specify building line and street alignment

 

(1)     If the Corporation considers it expedient to prescribe a regular line for streets or buildings on one or bothsides of any public streets or portion thereof, it shall give a public notice of its intention to do so.

 

(2)     Every such notice shall specify the period within which objections will be received by the Corporation and a copy of the notice shall be sent by post to every owner of the premises abutting on such public street who is registered in respect of such premises in the books of the Corporation.

 

 

(3)     The Corporation shall consider all objections received by it within the specified period and make an order specifying a building-line or a street-alignment or both for such public street. Every such order shall be published in the Official Gazette and shall take effect from the date of such publication.

 

(4)     A register or book with plans attached shall be kept by the Corporation showing all public streets in respect of which a building-line or a street-alignment has been specified and such register shall contain such particulars as may appear to the Chief Executive Officer to be necessary and shall be open to inspection by the public on payment of prescribed fee.

 

 

(5)     Whenever it is proposed to repair, re-build, remove, construct or re-construct any building or portion thereof abutting on a public street in respect of which a building-line or street-alignment has been specified by an order, the Chief Executive Officer may give direction for setting back or setting forward all such buildings or portions thereof in such manner as may be determined by regulation.

 

Section 188 - Power of the Chief Executive Officer to authorise temporary construction or temporary closure of parts of public streets

 

The Chief Executive Officer may authorise temporary construction on, or temporary closure of, any part of a public street on such occasions and on such conditions and for such period as the Corporation may provide by regulation made in this behalf.

Section 189 - Rights of way for underground utilities

 

Subject to the provisions of any other law for the time being in force, the State Government may, by rules, provide for-

(a)      sanction by the Corporation of specific rights of way in the sub-soil of public and private streets in Asansol for different public utilities including electric supply, telephone and other telecommunication facilities, gas pipes, water-supply, sewerage and drainage, pedestrian sub-ways, shopping places, warehousing facilities and the apparatus and appurtenances related thereto provided by the State Government, any statutory body or any licencee under any law;

 

(b)      levy of any fee or charges permissible under law;

 

(c)      furnishing to the Corporation of maps, drawings and statements which shall enable it to compile and maintain the precise records of the placements of the underground utilities in Asansol.

 

Section 190 - Closure of public street for parking purposes

 

The Chief Executive Officer may, with the prior approval of the Mayor-in-Council, close any portion of a public street and declare it as a parking area and charge parking fees at different rates for different vehicles for different areas and for different periods in accordance with such regulation as may be made in this behalf.

 

Section 191 - Owner's obligation to make a street where dealing with land

 

(1)     If the owner of any land utilizes, sells, leases or otherwise disposes of such land or any portion thereof as plots for the construction of buildings thereon, he shall lay down and make street or streets giving access to the plots into which the land may be divided and connecting such street or streets with any existing public street or private street.

 

(2)     Before utilising, selling or otherwise disposing of any land under sub-section (1), the owner thereof shall send to the Chief Executive Officer a written application with a lay out plan of the land showing the following particulars :-

 

 

(a)      the plots into which the land is proposed to be divided for the erection of building thereon and the purpose for which such buildings are to be used;

 

(b)      the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any other public purpose;

 

 

(c)      the intended level, direction and width of street or streets, including footpaths and drain;

 

(d)      the regular line of street or streets;

 

 

(e)      the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets.

 

(3)     No deed of transfer shall be registered under any law for the time being in force for any land governed by this section until the lay out plans have been approved by the Chief Executive Officer and infrastructural constructions completed up to the satisfaction of the Chief Executive Officer in accordance with such regulation as may be made in this behalf.

 

Section 192 - Private street to be public street

 

If any private street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted to the satisfaction of the Mayor-in-Council, the Chief Executive Officer may and, if the street is not less than six meters in width, on a requisition by a majority of the owners of the street, shall declare such street to be a public street and upon such declaration, such street shall vest in the Corporation.

 

Section 193 - Prohibition of making new streets

 

No person shall make any new street without the prior approval of the Mayor-in-Council.

 

Section 194 - Provision for lighting of public streets, squares, markets and buildings

 

(1)     The Corporation shall-

 

(a)      take measures or lighting, in a suitable manner, the public streets, squares and municipal markets and all buildings vested in Corporation;

 

(b)      procure, erect and maintain such number of lamps, lamp-posts, and other appurtenances as may be necessary for such lighting; and

 

 

(c)      cause such lamps to be lighted by means of oil, gas, electricity or such other means as the Corporation may from time to time determine.

 

(2)     The Corporation may itself or in conjunction with any firm or company and in accordance with such regulations as may be made by the Corporation, erect plants and machineries for the generation of power and production of gas for the purpose of lighting.

 

(3)     The Corporation may place and maintain-

 

 

(i)       electric wires or gas-pipes for the purpose of lighting such lamps under, over, along or across any immovable property, and

 

(ii)      posts, poles, standards, stays, struts, brackets, tunnels, culverts, or any other contrivance for carrying, suspending or supporting such lamps, gas-pipes or electric wires in or upon any immovable property :

Provided that such pipes, wires, posts, poles, standards, stays, struts, brackets, tunnels, culverts or other contrivance shall be so placed as to occasion as little damage, detriment, inconvenience or nuisance to any person as the circumstances permits.

 

Section 194A - Arrangement for fire prevention and fire safety

 

[188]CHAPTER XIIA

On the coming into force of the West Bengal Fire Services Act, 1950, in any area within the jurisdiction of the Corporation, the Corporation shall, in consultation with the Director of Fire Services or any officer authorised by him in this behalf by general or special order, require the owner or the occupier of all or any of the premises in such area to make, or to carry, such arrangements as may be necessary for fire prevention and fire safety in such area, and issue a fire safety certificate on such conditions as 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.

 

 

Section 195 - Use of land for erection of new building

 

No person shall use any piece of land as a site for erection of a new building except in accordance with the provisions of this Act and of the rules and the regulations made thereunder in relation to such erection of building.

 

Section 196 - Application for sanction for erection of building

 

Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Chief Executive Officer in such form and containing such information or documents as may be prescribed.

 

Section 197 - Sanction or provisional sanction or refusal of sanction of building

 

The Chief Executive Officer shall sanction the building ordinarily within a period of sixty days unless further information or document be called for or sanction be refused in the meantime on such ground as may be prescribed :

Provided that a provisional sanction may be given for the erection of a building for the use of which a licence or permission is required from any department of Government or statutory body under any law for the time being in force in accordance with such procedure as may be prescribed :

Provided further that if it appears to the Chief Executive Officer that the site of the proposed building is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of public street or extension, improvement, widening or alteration of any street, the Chief Executive Officer may withhold sanction to the erection of the building for a period not exceeding eight months.

Section 197A - Validity and duration of permission for erection or construction of structure or building under West Ben. Act 41 of 1973

 

[189] [ 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 addition of such area to Asansol,-

(a)      be deemed to have been granted under this Act, and

 

(b)      remain valid for one year from the date of addition of such area to Asansol unless the Corporation, on an application made in this behalf, allows an extension such period :

[190]Provided that if such structure or building under the plan approved under the West Bengal Panchayat Act, 1973, has not been constructed, either in full or in part, before the constitution of the Corporation under this Act, the plan shall be revalidated by the Corporation before the completion of the work in respect of part construction or before the commencement of the work in respect of new construction.

 

 

Section 198 - Period for completion of building

 

After a building plan is sanctioned, the person who has given the notice shall commence work and complete the same within such period or extended period as may be prescribed.

 

Section 199 - Order of demolition or stoppage of buildings and works

 

(1)     Where the erection of any building or the execution of any work in pursuance thereof has been commenced, or is being carried on, or has been completed without or contrary to the sanction or in contravention of any of the provisions of this Act or the rules and the regulations made thereunder, the Chief Executive Officer may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be stopped or demolished or such addition or alteration thereto as the Chief Executive Officer considers necessary be made by the person at whose instance the erection or the work has been commenced, or is being carried on, or has been completed.

 

(2)     The Chief Executive Officer may make an order under sub-section (1), notwithstanding the fact that the assessment of such building has been made for the levy of the 76a[property tax] on lands and buildings.

 

 

(3)     Any person aggrieved by an order of the Chief Executive Officer made under sub-section (1) may, within thirty days from the date of the order, prefer an appeal against the order to the Municipal Building Tribunal appointed under this Chapter.

 

(4)     No court shall have jurisdiction in any matter for which Provision is made under this Chapter for appeal to the Municipal Building Tribunal.

 

 

(5)     If a person fails to comply with a conclusive order of the Chief Executive Officer or the Tribunal, as the case may be, under this section, the Chief Executive Officer may himself casue the order to be carried out and recover the expenses thereof from such person as an arrear of tax under this Act.

 

(6)     Notwithstanding anything contained in this Chapter, if the Mayor-in-Council is of the opinion that immediate action is called for in relation to a building or any work being carried on in contravention of the provisions of this Chapter, it may, for reasons to be recorded in writing, cause such building or work to be demolished forthwith.

Section 200 - Completion certificate

 

No new building or a part of a new building shall be occupied for use until and unless a certificate of completion of the building or a part of its has been submitted to the Corporation.

 

Section 201 - Prohibition on change of use of building

 

(1)     No person shall without any written permission of the Chief Executive Officer change or allow the change of the use of any building for any purpose other than that specified in the sanction or convert or allow the conversion of a tenement under a particular occupancy or use group to be a tenement under another occupancy or use group.

 

(2)     Where the Chief Executive Officer refuses to give such permission, he shall give a reasonable opportunity of being heard to the person seeking permission.

 

 

(3)     Any person aggrieved by an order of the Chief Executive Officer under sub-section (2) may, within thirty days from the date of the order, prefer an appeal before the Municipal Building Tribunal.

 

Section 202 - Power to order removal of dangerous buildings

 

(1)     If it appears to the Chief Executive Officer at any time that any building is in a ruinous condition or is in any way dangerous, the Chief Executive Officer may by an order require the owner or the occupier of such building to demolish, secure or repair such building.

 

(2)     If it appears to the Chief Executive Officer that the danger from such building is imminent, he may, before making the order as aforesaid, take such steps as may be necessary to prevent the danger.

 

 

(3)     If the owner or the occupier of the building does not comply with the order under this section, the Chief Executive Officer shall take such step in relation to the building as may be necessary to prevent any cause of danger therefrom.

 

(4)     All expenses incurred by the Chief Executive Officer in relation to any building under this section shall be recoverable from the owner or the occupier thereof, as the case may be, as an arrear of tax under this Act.

 

Section 203 - Municipal Building Tribunal for Asansol

 

(1)     The State Government shall appoint a Municipal Building Tribunal for Asansol to hear and decide appeals under this Chapter.

 

(2)     The Tribunal shall consist of a Chairman and two Assessors.

 

 

(3)     The Chairman shall be an officer of the West Bengal Higher Judicial Service having such experience as may be prescribed.

 

(4)     One of the Assessors shall be appointed by the State Government and the other shall be appointed by the Corporation :

Provided that no Councillor [191] [* * *] or Officer or employee of the Corporation shall be appointed as an Assessor.

(5)     The Chairman and the Assessors shall be appointed for such period and on such terms and conditions as the State Government may, by notification, specify.

 

(6)     The Chairman of the Tribunal shall appoint and maintain such officer and employees in his establishment and on such terms and conditions of service as may be prescribed.

 

(7)     The business of the Tribunal shall be conducted in such manner as the Chairman of the Tribunal may, from time to time, with the previous approval of the State Government, determine.

 

 

(8)     All expenses of the Tribunal shall be paid out of the Municipal Fund.

 

(9)     Notwithstanding anything contained in this Chapter, the State Government may appoint for Asansol any other Municipal Building Tribunal under any other law in force for the time being and such Tribunal shall exercise the powers of the Tribunal under this Chapter.

 

 

Section 204 - Licensed Building Architect and Licensed Building Surveyor

 

The Chief Executive Officer may, from time to time and in such manner as may be prescribed, grant licence to a person to act as a Licensed Building Architect or a Licensed Building Surveyor for the purpose of this Chapter.

 

Section 205 - Municipal Building Regulation

The State Government may, in addition or modification to Schedule II, make rules for-

(a)      regulation of restriction of the use of site of building;

 

(b)      regulation of fire protection measures and structural and other safeties of building;

 

(c)      regulation of conveniences and amenities in building including quality of materials, plumbing services, workmanship and the like;

 

 

(d)      regulation of architectural designs of buildings; and

 

(e)      regulation of building uses for the purpose of residence, hospitals, nursing homes, factories, ware-houses, eating houses, theatres, cinemas, commercial institutions, educational building and the like.

 

Section 206 - Power to regulate future construction of building in particular streets of localities

 

(1)     The Corporation may give public notice of its intention to declare-

 

(a)      that in any street or portion thereof specified in such notice the elevation and construction of the frontage of all building or any classes of buildings erected or re-erected after such notice shall, in respect of their architectural features, be such as the Corporation may consider suitable to the locality; or

 

(b)      that in any locality specified in such notice, there shall be allowed the re-erection of any detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice; or

 

 

(c)      that the division or sub-division of building plots in a particular locality shall be of a specified area; or

 

(d)      that in any locality specified in the notice, the construction of more than a specified number of buildings on each acre of land shall not be allowed; or

 

 

(e)      that in any street, portion of street or locality specified in such notice, the construction of any one or more of the different classes of buildings like residential, commercial, mercantile, industrial, institutional, storage or hazardous buildings, shall not be allowed without the special permission of the Corporation.

 

(2)     The Mayor-in-Council at a meeting shall consider all suggestions or objections, received within a period of three months of the publication of such notices, and may confirm the declaration or may modify it but not so as to extend its effect.

 

(3)     The Corporation shall publish any declaration so confirmed or modified in Official Gazette and the declaration shall take effect from the date of such publication.

 

(4)     No person shall, after the date of publication of such declaration, erect or re-erect any building in contravention of such declaration.

 

 

(5)     The Corporation shall, before making a declaration under sub-section (1), obtain the views of the Municipal Building Committee upon it and also ensure that such declaration is in conformity with the provisions of any Development Plan in force under the West Bengal Town and Country (Planning and Development) Act, 1979.

 

Section 207 - Power to prohibit change of authorised use of building

(1)     No person shall, without written permission of the Chief Executive Officer of otherwise than in conformity with the conditions, if any, of such permission-

 

(a)      use or permit to be used for the purpose of human habitation any building or part thereof nor originally erected or authorised to be used for such purpose;

 

(b)      change or allow the change of the use of any building for any purpose other than that specified in the sanctioned plan;

 

 

(c)      change or allow the change of the use of any building erected before the commencement of this Act contrary to the use for which such erection was originally sanctioned;

 

(d)      convert or allow the conversion of tenement within a building to an occupational use other than what was intended in the original sanctioned plan, nor materially alter, enlarge or extend the use permitted by the Chief Executive Officer.

 

 

(2)     If, in any case, such permission is given, no change of occupancy or use shall be allowed before any necessary alterations or provisions have been made to the satisfaction of the Chief Executive Officer, and in accordance with the provisions of this Act or the rules and the regulations made thereunder or of any other law in force for the time being.

 

(3)     Any change of use made before the commencement of this Act shall be deemed to be an unauthorised change and shall be dealt with under the provisions of this Act.

 

(4)     Notwithstanding any other action that may be taken against any person, whether owner or occupier, contravening any provision of this section, the Corporation may levy on such person, in accordance with such scale as may be prescribed, a fine not exceeding in each case rupees one hundred per square metre per month for the area under unauthorised use throughout the period during which such contravention continues.

 

 

(5)     The Chief Executive Officer, may, if he deems fit, order that the unauthorised use be stopped forthwith:

Provided that before making any such order, the Chief Executive Officer shall give a reasonable opportunity to the person affected to show cause why an order shall not be made.

(6)     Any person aggrieved by an order of the Chief Executive Officer under sub-section (5) may, within thirty days from the date of the order, prefer an appeal against the order of the Chief Executive Officer to the Mayor-in-Council whose decision in the matter shall be final and conclusive.

 

(7)     Where an appeal is preferred under sub-section (6), the Mayor-in-Council may stay the enforcement of an order passed by the Chief Executive Officer on such terms and for such period as it may think fit.

 

(8)     Save as otherwise provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the Chief Executive Officer or the Mayor-in-Council to restrain from taking any action or making any order in pursuance of the provisions of this section.

Explanation.-?Unauthorised use? in this chapter shall mean change or conversion of a building without sanction from one occupancy or use to another occupancy or use for residential, commercial, mercantile, industrial, storage, institutional, congregational, hazardous (dangerous and offensive) or the like purpose.

 

Section 208 - License to be obtained for use of premises for non-residential purposes

(1)     No person shall use or permit to be used any premises for any of the non-residential purposes as mentioned in Schedule II without or otherwise than in conformity with a licence granted by the Chief Executive Officer in this behalf on such terms and conditions including payment of fees as may be determined by regulations.

 

(2)     The Mayor-in-Council shall determine by regulation a scale of fee to be paid for issue of licence in respect of premises used for non-residential purposes under sub-section (1):

Provided that no such fees shall exceed five hundred rupees per month in respect of any premises.

 

Section 209 - Power to prevent use of premises for specified purposes in particular area for environmental reasons

 

(1)     The Mayor-in-Council may give public notice of its intention to declare that in any area specified in the notice, no person shall use any premises for any purpose specified in such notice and for reasons stated therein.

 

(2)     Objections to any such notice shall be received within a period of one month from the publication of the notice.

 

(3)     The Mayor-in-Council shall consider all objections received within the period as aforesaid after giving any person affected by the notice an opportunity of being heard and may thereupon make a declaration in accordance with the notice published under sub-section (1) with such modifications, if any, as it may think fit.

 

 

(4)     No person shall, in any area specified in the declaration published under sub-section (4), use any premises for any purpose specified in the declaration, and the Chief Executive Officer shall have the power to stop the use of any such premises by such means as he considers necessary.

 

Section 210 - Approval of building sites and sanction of plan for erection of building

 

No piece of land shall be used as a site for the erection of a building unless such site has been so approved and no building shall be erected unless a building plan has been sanctioned for the same in accordance with the provisions of this chapter and of any rule, regulation or bye-law made under this Act. 

Section 211 - Prohibition of erection of building .without sanction

No person shall erect or commence to erect any building or execute any building work specified except with the previous sanction of the Mayor-in-Council 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.

 

Section 212 - Application for erection or re-erection of building to be accompanied by building plan

 

Every person who intends to erect or re-erect a building shall first submit an application with a building plan in such form and accompanied by such plans and specifications and containing such information as may be prescribed. 

 

Section 213 - Purpose for which building to be used and conditions of validity of notice

 

(1)     Every person making an application to erect or re-erect a building shall specify the purpose for which such building is intended to be used.

 

(2)     The Mayor-in-Council may require that a building may not be erected or re-erected for more than one occupancy or use or contrary to such mixed uses as the Mayor-in-Council may from time to time determine consistent with the provisions of this Act or any other law for the time being in force. 

 

Section 214 - Sanction of building plan and permission to execute work

 

(1)     Within sixty days after the receipt of any application with building plan or of any information or document which the Mayor-in-Council may require the applicant to furnish before deciding whether sanction shall be accorded in this regard, the Mayor-in-Council shall, by written order, either-

 

(a)      accord sanction to the building plan conditionally or unconditionally and give permission to execute the work, or

 

(b)      refuse, on one or more of the grounds mentioned in section 217, to accord such sanction, or

 

 

(c)      accord sanction but impose conditions for permission to execute the work.

 

(2)     Any building plan sanctioned under this section shall remain valid for three years from the date of such sanction and may be renewed for another two years on payment of fees as may be levied by the Mayor-in-Council by regulation.

 

Section 215 - Sanction to be implied if the Mayor-in-Council defaults in according sanction

 

If within the period referred to in sub-section (1) of section 214, the Mayor-in-Council has neither accorded nor refused to accord sanction to a building plan, nor granted permission to execute a work, [192][the applicant may, by application in writting, appeal to the Mayor-in-Council, and if such application is not disposed of within thirty days from the date of receipt of the application, such sanction or permission shall be deemed to have been granted : 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 building regulations or of any rule or bye-law applying thereto.

 

 

Section 216 - Notice to Chief Executive Officer 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 Chief Executive Officer a written notice specifying the date on which he proposes to commence the work. 

 

Section 217 - Grounds on which sanction may be refused

 

The sanction of a building plan may be refused on any of the following grounds:-

(a)      that the approval of the building site has not been obtained as required under the provisions of this Act and the rules and the bye-laws made thereunder;

 

(b)      that the ground plan, elevation, section or specification would contravene any of the provisions of this Act or the rules made thereunder, or of any other law for the time being in force;

 

 

(c)      that the application with building plan does not contain the necessary particulars and has not been prepared in the manner as required under the rules and the regulations made in this behalf;

 

(d)      that any information or document required by the Corporation in this behalf has not been duly furnished, and in cases requiring a lay-out plan under the provisions of this Act, such lay-out plan has not been sanctioned as required under the provisions of this Act;

 

 

(e)      that the building or the work would be an encroachment on Government land or land vested in the Corporation;

 

(f)       that for the use of the building for non-residential purposes, if any, a license or permission has not been obtained for such use as required under the provisions of this Act or any other law for the time being in force:

Provided that a provisional sanction may be given in this regard for erection or re-erection of a building which may be confirmed by final sanction upon production of necessary license or permission from the Corporation, Government or any statutory body, as the case may be.

 

Section 218 - Period for completion of building work

 

The Corporation shall, when granting permission conditionally or unconditionally to execute the work, specify a 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 Corporation on an application made in this behalf allows an extension of such period:

Provided that the Corporation 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.

 

Section 219 - Completion certificate

(1)     Every person submitting an application with building plan for every owner of a building or a work to which such application relates shall, within one month after the completion of erection of such building or execution of such work, deliver or send or cause to be delivered or sent to the Corporation a notice, in writing, of such completion accompanied by a certificate in the form specified in the rules made in this behalf and shall give to the Corporation all necessary facilities for inspection of such building or work.

 

(2)     No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof affected by any such work until permission has been granted by the Corporation in this behalf in accordance with the rules and the regulations made under this Act:

Provided that if the Corporation fails within a period of thirty days of receipt of the notice of completion, to communicate his refusal to grant such permission, such permission shall be deemed to have been granted.

 

Section 220 - Power in cases of buildings at corners of streets

 

(1)     Notwithstanding the provisions of this Act or the rules and the regulations made thereunder or the any other law in force for the time being, the Corporation may, in the case of any building which is intended to be erected at the corner of two streets,-

 

(a)      refuse sanction without assigning any reason, or

 

(b)      impose restrictions on its use, or

 

(c)      impose special conditions concerning exit to or entry from any street, or

 

 

(d)      require it to be rounded off or payed off or cut off to such height and to such extent as may be determined, or

 

(e)      acquire on payment of compensation, such portion of the site at the corner as may be considered necessary for public convenience or amenity:

Provided that no such action shall be taken without prior approval of the Municipal Building Committee in accordance with the provisions of this Chapter.

(2)     The Corporation may, require any alteration to be carried out for conformity to any of the provisions of clauses (b) to (c) of sub-section (1) in respect of any building completed before the commencement of this Act.

 

Section 221 - Unauthorised construction

 

(1)     If the Corporation is satisfied-

 

(a)      that the erection of any building-

 

(i)       has been commenced without obtaining sanction or permission under this Act or the rules or the regulations made thereunder or completed otherwise than in accordance with the particulars on which such sanction or permission is based, or after such sanction or permission has been lawfully withdrawn, or

 

(ii)      is being carried on or has been completed in contravention of any provision of this Act or the rules or the bye-laws made thereunder, or

 

(b)      that any building or projection exists in violation of any condition, direction or requisition lawfully given or made under the provisions of this Act or the rule or the regulations made thereunder, or

 

(c)      that any material alteration of, or addition to, any building has been commenced or is being carried on or has been completed in contravention of any provision of this Act or the rules or the bye-laws made thereunder, it may after giving the owner of the building a reasonable opportunity of being heard, make an order directing that such erection, alteration, addition or projection, as the case may be, or so much thereof as has been executed unlawfully or such building or existing structure be demolished or altered and upon such order it shall be the duty of the owner to cause such demolition or alteration to the satisfaction of the Mayor-in-Council within such period as may be fixed in this behalf and in default, the same may be demolished or altered by the Mayor-in-Council at the expenses of the said owner.

 

 

(2)     An appeal against an order made by the Corporation in this behalf shall lie with the District Judge having jurisdiction upon a memorandum of appeal filed within thirty days of the aforesaid order.

 

Section 222 - 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, or gas pipe) is touched or is likely to be touched or if the Corporation is of opinion that such excavation may cause danger to public, the Corporation may, by a written order, stop forthwith any such excavation or other work till the matter is investigated and decided to its satisfaction.

 

Section 223 - Power of the Corporation to stop unauthorised constructions

 

(1)      In any case in which the erection of a building, or any other work connected therewith has been commenced or is being carried on unlawfully having regard to the provisions of this chapter, the Corporation may, by written notice, require the person carrying on such erection or unlawful work to discontinue the same forthwith, pending further proceedings in respect of such unauthorised construction.

 

(2)      If any notice issued under sub-section (1) is not duly complied with, the Corporation may, with the assistance of the police, if necessary, take such steps as it may consider necessary to stop the continuance of the unlawful work.

 

 

(3)      If it appears to the Corporation that it is necessary in order to prevent the continuation of the unlawful work, to depute any police or municipal officer to watch the premises, the cost of providing the same shall be borne by the person to whom the notice was issued under subsection (1).

 

Section 224 - Power to require alteration of existing buildings

 

(1)     The Corporation may, with a view to promoting safety, convenience, privacy or sanitation or to securing conformity with the provisions of this Act and the rules and the regulations made thereunder, by order stating reasons in writing require the owner of any existing building to make such alterations therein within such period as may be specified in the order:

Provided that before making any such order, the Corporation shall afford a full opportunity to the owner to show cause why such order should not be made.

(2)     An appeal against an order made by the Corporation under this section shall lie with the District Judge having jurisdiction.

 

Section 225 - Maintenance of buildings

 

(1)     The Corporation may, for sufficient reasons, by an order require the owner or occupier of any building abutting on a public or private street to keep the external parts of the building including the roof thereof in proper repair with lime plaster or other material, or properly painted to the satisfaction of the Corporation.

 

(2)     If such owner or occupier makes persistent default in carrying out an order under sub-section (1), the Corporation may itself carry out the work and recover the cost thereof from the owner or the occupier of the building.

 

 

(3)     Notwithstanding anything contained in any other law for the time being in force, the Corporation may apportion the costs incurred under sub-section (1) or sub-section (2) as between the owner and the occupier in such manner as it may consider just and reasonable.

 

(4)     The Corporation may create and administer a special fund for maintenance as well as improvement of buildings in any area on corporate basis in accordance with such procedure as may be prescribed.

 

Section 225A - Construction of building in contravention of the provisions of the Act or the rules made thereunder

 

[193] [(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 himelf or by any other person on his behalf, so constructs or attempts to so construct or conspires to so construct any new building or additional floor or floors of any building in contravention of the provisions of this Act or the rules made thereunder as endangers or is likely to endanger human life, or any property of the Corporation whereupon the water-supply, drainage or sewerage or the road traffic is disrupted or is likely to be disrupted, or is likely to cause a fire hazard, shall be punishable with imprisonment of either description for a term which may extend to five years and also with fine which may extend to fifty thousand rupees.

Explanation.-?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.

(2) The offence under sub-section (1) shall be cognizable and non-bailable, within the meaning of the Code of Criminal Procedure, 1973.

(3) Where an offence under sub-section (1) 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 provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Explanation.-For the purposes of this section,-

(a)      ?company? means a body corporate, and includes a firm or other association of individuals; and

 

(b)      ?director?, in relation to a firm, means a partner in the firm.

 

 

Section 226 - Power of Corporation to define and alter limits of bustees

 

The Corporation may define the external limits of any bustee and may from time to time alter such limits.

 

Section 227 - Preparation of improvement schemes for bustees

 

(1)     The Corporation may, with the approval of the State Government, prepare and execute improvement scheme for the purpose of effecting environmental or general improvement of bustees. Such scheme may provide for water-supply, sanitation, pathways, lighting and the like.

 

(2)     Notwithstanding anything contained hereinbefore the Chief Executive Officer may, for reasons of environmental sanitation, cause the following works to be executed in any bustee:-

 

 

(a)      sinking of tube-wells inside a bustee including laying of water-pipe lines, installation of overhead reservoirs and other appurtenances necessary to maintain flushing for privies and sewers;

 

(b)      laying of drains and diversion of existing drains;

 

(c)      conversion of service privies into connected privies or septic tank privies;

 

 

(d)      removal of solid or liquid wastes from the bustees including removal of silt from sewers, sludge from septic tanks or cleaning of squating platforms;

 

(e)      repair work relating to any of the above activities.

 

Section 228 - Power of Corporation to acquire the right of user in land in or around bustee

 

If, at any time, it becomes necessary to acquire the right of uses in any land in or around any bustee for the purpose of effecting improvement, the Corporation shall follow such procedure as may be prescribed:

Provided that the compensation payable to any person whose right of enjoyment in such land has been prejudicially affected by such acquisition shall be calculated at ten per cent, of the market value of such land on the date the Corporation declares its intention to acquire such right.

 

Section 229 - Sanction of building plans in a bustee

 

The Corporation may sanction building plans submitted by an owner of land in a bustee for the purpose of permanent construction in the nature of renovations, additions and alterations to and conversion of the existing huts into pucca structures and also for construction of new structures under such buildings regulation and upon payment of such fees as may be determined by the Corporation by regulation:

Provided that a lay-out plan of a bustee or such part thereof as may be determined by the Corporation shall be prepared by the Corporation before such sanction is accorded. The method of preparation of a lay-out plan and the items to be provided therein shall be such as may be prescribed.

Section 230 - Collection, removal and disposal of solid wastes

 

(1)     For the purpose of securing efficient scavenging and cleansing of all streets, public places and premises in Asansol, the Corporation shall undertake the function of collection, removal and disposal of solid wastes.

 

(2)     All matters deposited in public receptacles, depots, and places provided or appointed by the Corporation for collection of solid wastes shall be the property of the Corporation.

 

(3)     The Corporation may, by regulation, specify the duties of the owners or occupiers of the premises in the matter of collection of solid wastes and different provisions may be made for premises in different types of occupational uses.

 

 

(4)     The Corporation shall provide vehicles or other suitable means for removal of solid wastes.

 

(5)     The Corporation shall provide or appoint in proper and convenient situations public receptacles, depots and places for the temporary deposit of solid wastes including rubbish, carcases and other offensive matters.

 

 

(6)     The Corporation may dispose of the solid wastes in such manner as may be approved by the State Government and at such place within or outside Asansol as it considers suitable:

Provided that no place which has not been used before the commencement of this Act for the purpose of disposal of solid wastes shall be so used except in conformity with the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979.

(7)     Notwithstanding anything to the contrary contained in any other law in force for the time being, no methor or other employee of the Corporation who is employed to remove or otherwise to deal with different kinds of solid wastes shall, without giving the Chief Executive Officer any notice of his intention so to do or without the permission of the Chief Executive Officer, withdraw.

 

Section 231 - Procedure in cases of buildings deemed unfit for human habitation

 

If, for any reason, any building or portion of a building, intended for, or used as, a dwelling place appears to the Chief Executive Officer to be unfit for human habitation, he may, if he considers that the building or the portion thereof can be altered to make it fit for human habitation, by an order in writing require the owner of such building to make such alteration in the building or the portion thereof as he thinks necessary within a period specified in the order. Where the Chief Executive Officer considers that the building or the portion thereof cannot be so altered as to make it fit for human habitation or where the building or the portion thereof is not as altered as required by the Chief Executive Officer, the Chief Executive Officer shall take such steps as may be necessary to enforce such order. 

 

Section 232 - Warehouse, godown, etc. not to be established without permission

 

(1)     No person shall, without the previous permission of the Chief Executive Officer, use or materially alter, enlarge or extend the use of any premises as a warehouse or godown or for running a goods transport business either by his own carriers or by arrangement with the owners of such carriers.

 

(2)     The Chief Executive Officer may refuse to give such permission or impose such conditions as it thinks fit, if in his opinion such use would be objectionable due to traffic constraint in the vicinity of such premises or inadequacy of space for parking of vehicles or loading or unloading of goods; or would constitute a fire hazard or other nuisance.

 

Section 233 - Factory, etc. not to be established, etc. without permission of the Chief Executive Officer

 

(1)     No person shall, without the previous written permission of the Chief Executive Officer, establish any premises, or materially alter, enlarge or extend any factory or workshop or work-place, in which it is intended to employ steam, electricity, water or other mechanical power.

 

(2)     The Chief Executive Officer may, in accordance with such regulations as may be made by the Corporation, refuse to give permission under sub-section (1) if he is of opinion that the establishment, alteration, enlargement or extension of such premises, factory, workshop or work-place would be objectionable by reason of the density of the population in the neighbourhood thereof or would be nuisance to the inhabitants of the neighbourhood.

 

Section 234 - Eating-houses, etc. not to be used without licence from Chief Executive Officer

 

(1)     No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chief Executive Officer in this behalf and on payment of such fees as may be determined, keep any eating-house, tea-shop, hotel, boarding house, bakery, aerated water factory, ice factory or other place where food is sold or prepared for sale.

 

(2)     The Chief Executive Officer may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered by it are not kept in conformity with the terms of such licence or the provisions of any rules and regulations, relating to such premises, whether the licensee is prosecuted under this Act or not.

 

Section 235 - Licensing and control of theatres, circuses and places of public amusement

 

No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chief Executive Officer in this behalf and on payment of such fees as may be determined, keep open any theatre, circus, cinema-house dancing hall or other similar place of public resort, recreation or amusement:

Provided that this section shall not apply to private performance in any such place.

 

Section 236 - Power of Chief Executive Officer to stop use of premises when used without or otherwise than in conformity with terms of licence

 

If the Chief Executive Officer is of opinion that any eating-house, tea-shop, hotel, boarding house, bakery, aerated water factory, ice factory or other place where food is sold or prepared for sale or any theatre, circus, cinema-house, dancing hall or similar other place of public resort, recreation or amusement, as the case may be, is kept open without or otherwise than in conformity with the terms of a licence granted under section 235, he may by an order in writing stop the use of any such premises for any such purpose for such period as may be specified in the order after recording reason of such opinion:

Provided that no such order shall be made until the licence or other person keeping the premises so open has been given an opportunity of being heard.

 

Section 237 - Power of Corporation to provide and maintain municipal markets, slaughter-houses and stock yards

 

(1)     The Corporation may own, purchase or take on lease any land or building for the purpose of establishing municipal market or slaughter-house or stock-yard or improving an existing municipal market, slaughter-house or stock-yard and make provision for such maintenance.

 

(2)     The Corporation may after giving general notice close any municipal market or slaughter-house or stock-yard or any portion thereof and the premises occupied for any municipal market, slaughter-house or stock-yard or any portion thereof so closed shall be vacated by the occupants in accordance with such notice.

 

Section 238 - Power of Chief Executive Officer to grant licence for private markets, etc

 

No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chief Executive Officer in this behalf, keep open any private market or wilfully or negligently permit any place to be used as a private market or use any place as a slaughter-house or stock-yard or for the slaughtering of any animal intended for human consumption.

 

Section 239 - Licensing of butchers and sale of meat, etc. outside market

 

No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chief Executive Officer in this behalf,-

(a)      carry on within Asansol or at any municipal slaughter-house outside Asansol the trade or business of a butcher, or

 

(b)      sell or expose or hawk about for sale any animal or any meat or fish intended for human consumption in any place other than a municipal market or a private market.

 

Section 240 - Levy of stallage rent and fee

 

The Chief Executive Officer may, subject to such terms and conditions as may be fixed,-

(a)      charge such stallage rent or fee as may, from time to time, be fixed by the Corporation in this behalf for the occupationer use of any stall, shopstand, shed, pen or space in a municipal market or municipal slaughter-house;

 

(b)      farm the stallage, rent or fee chargeable as aforesaid or any portion thereof for such period as he may think fit; and

 

 

(c)      put up to public auction or dispose of by private sale, the privilege of occupying or using any shop, stall, stand, shed, pen or space in a municipal market or municipal slaughter-house. 

 

Section 241 - Depots for sale of essential commodities

 

The Chief Executive Officer may, from time to time, subject to such directions as he may receive from the Mayor-in-Council on the advice of the State Government, open depots or shops for trading any essential commodities. 

 

Section 242 - Licence for hawking, etc

 

No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chief Executive Officer in this behalf,-

(a)      hawk or expose for sale in any place any article whatsoever whether it be for human consumption or no, or

 

(b)      use in any place his skill in any handicraft or render services to the public for their convenience for the purpose of gain or making a living.

 

Section 243 - Licence for sale of fish, poultry

 

No person shall otherwise than in conformity with a licence from the Chief Executive Officer and such other provisions as may be made by regulation by the Corporation in this behalf carry on a trade of a butcher, fishmonger poulteror or importer of flesh intended for human food or use of any place for the sale of flesh, fish or poultry intended for human food. 

 

Section 244 - Power to seize food [* *], etc

Power to seize food [194][* *], etc

(1)     Subject to the provisions of the Prevention of Food Adulteration Act, 1954 for the time being in force, the Corporation may cause inspection and analysis of [195][any article of food or any utensil or vessel used for preparing or storing any article of food.]

 

(2)     If upon inspection or analysis, [196][any such food] for consumption is, in the opinion of the Chief Executive Officer or any officer or employee authorised by him in this behalf, including a police officer, unwholesome or unfit for human consumption, or is not what it is represented to be, or if any such utensil or vessel is of such kind or in such state as to render any food [197][* *] prepared, manufactured [198][or stored] therein unwholesome or unfit for human consumption, he may seize, seal or carry away such food [199][* *] or utensil or vessel.

 

 

(3)     If any food [200][* *], seized under sub-section (2), is in the opinion of the Chief Executive Officer, unfit for human consumption, he shall cause the same to be forthwith destroyed in such manner as to prevent its being again exposed for sale or used for human consumption and the expenses thereof shall be paid by the person in whose possession such food [201][* *] was at the time of its seizure.

 

 

Section 245 - Commercial projects of Corporation

 

(1)     The Corporation may, with the approval of the State Government, undertake the formulation, execution and running of commercial projects including market development schemes or industrial estates, in relation to lands and buildings vested or in the possession of the Corporation, or open depots for trading in essential commodities, or maintain bus or truck terminals together with commercial complexes, or run tourist lodges or centres along with commercial activities, or carry on similar projects on commercial basis.

 

(2)     All the provisions of this Chapter, so far as they are applicable, shall mutatis mutandis apply to the commercial ventures undertaken by the Corporation under this section. 

 

Section 246 - Prohibition of sale, etc. of adulterated or misbranded food or drug

 

No person shall directly or indirectly, himself or by any other person on his behalf, sell, expose or hawk about for sale, or manufacture or store for the preparation of any food or drug or for sale, any food or drug which is adulterated or misbranded.

 

Section 247 - Registration of manufactory

 

Every manufactory of mustard oil, edible oil or edible fat or ghee or butter within Asansol shall be registered by the owner or the person in charge thereof in the office of the Corporation in such manner as the Corporation may from time to time direct.

 

Section 248 - Prohibition of adulteration in place where butter, ghee, etc., are manufactured or stored

 

No person shall keep in any shop or place in which milk is stored or in any manufactory, shop or place, in which font-family:Verdana">butter, ghee or any other milk product or wheat, flour, mustard oil, tea, edible oil, edible fat, sugar or gur is manufactured or stored any substance intended to be used for the purpose of adulteration.

 

Section 249 - Place of manufacture, preparation, etc., for sale of any drug or food to be open to inspection

(1)     Every place used for the manufacture, preparation, storage or packing for sale of any article of food or drug shall be open at all time for inspection by the officers of the Corporation authorised in this behalf by the Chief Executive Officer, and such officers shall have the right to enter into such places for such inspection at all time.

 

(2)     In every place used for manufacture, preparation, storage or packing for sale of any article of food or drug, such articles of food or drug or any receptacle and material used for such manufacture, preparation, storage or packing shall be protected from dust, flies and other insects by such measure as may be specified by the Corporation in this behalf. 

 

Section 250 - Licensing of shops and places for retail sale of drugs

 

(1)     No person shall keep any shop or place for retail sale of drugs not being articles of ordinary domestic consumption without or otherwise than in conformity with the terms of a licence granted by the Chief Executive Officer. 

 

(2)     Every person to whom a licence is granted under sub-section (1) in respect of any shop or place shall display it in some conspicuous part of such shop or place.

 

Section 251 - Manufactory of place of storage for sale of food kept in contravention of provisions of this Chapter to be closed

 

If any manufactory or place of storage for sale of any articles of food is kept in contravention of the provisions of this Chapter, the Chief Executive Officer may cause the same to be closed.

 

Section 252 - Corporation to take measures for prevention and checking of dangerous disease

 

It shall be the duty of the Corporation to take such measures as are necessary for preventing or checking the spread of any dangerous disease in Asansol or of any epidemic disease among any animals therein. 

Section 253 - Obligation to give information of dangerous diseases

Any other person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon, any person whom he knows or has reasons to believe to be suffering from a dangerous disease, shall forthwith give information regarding the existence of such disease to the Chief Executive Officer.

Section 254 - Power of Chief Executive Officer to inspect places and take measures to prevent spread of dangerous diseases

The Chief Executive Officer or any person authorised by him in this behalf may, at any time by day or by night without notice or after giving such notice as may in the circumstances appear to him to be reasonable, inspect any place in which any dangerous disease is reported or suspected to exist and take such measures as he may think fit to prevent the spread of such disease beyond such place and shall forthwith submit a report to the State Government.

 

Section 255 - Power of Chief Executive Officer to disinfect buildings, tank, pool or well

 

If the Chief Executive Officer or any person authorised by him in this behalf is of opinion that the cleaning or disinfecting of any building or any part of a building or any article therein which is likely to retain infection or of any tank, pool or well adjacent to a building which is likely to prevent or check the spread of any dangerous disease, he may cleanse or disinfect such building or any part thereof, article, tank, pool or well and may by a written notice require the occupier of such building or any part thereof to vacate the same for such period as may be specified in such notice.

 

Section 256 - Measures to prevent spread of dangerous diseases

 

(1)     If the Chief Executive Officer is of opinion that the water in any well, tank or other place is likely, if used for drinking, to endanger or cause the spread of any disease, he may, by public notice, prohibit the removal of such water for drinking and by notice in writing require the owner or the person having control of such well, tank or place to take such steps as he may consider expedient to prevent the public from having access to or from using such water.

 

(2)     If Asansol or any part of it is visited or threatened by an outbreak of any dangerous disease, the Chief Executive Officer may, by public notice, restrict or prohibit the sale or preparation of any article of food or drink for human consumption.

 

Section 257 - Appointment of Registrars and Sub-Registrars of Births and Deaths

 

(1)     The Health Officer of the Corporation shall be the Chief Registrar of Births and Deaths in Asansol and shall keep in such form as may from time to be prescribed by the State Government a register of births and deaths occuring in Asansol.

 

(2)     The Corporation shall appoint a person to be the Registrar of Births and Deaths for each borough and may appoint the same person to be such Registrar for more than one borough.

 

(3)     The Chief Executive Officer shall appoint a Sub?Registrar Births and Deaths for each registered burial or burning ground or other place for the disposal of the dead to register all corpses brought thereto for interment or cremation or for disposal otherwise.

 

 

(4)     The Chief Executive Officer shall cause to be printed and published a list containing the name and address of every Registrar and Sub-Registrar appointed under this section.

 

(5)     On an application from a person interested, the Chief Registrar or the Registrar shall issue an extract from an entry of birth or death in the register of births and deaths on payment of such fee as may be determined by regulation.

 

 

(6)     The State Government may prescribe the manner in which and the person by whom an information relating to birth and death should be given to the Corporation.

 

Section 258 - Registration of places for disposal of the dead

 

(1)     Every owner or keeper of a place not vested in or owned by the Corporation or a Board appointed by the State Government for the administration of such place, which is used for burying, burning or otherwise disposing of the dead, shall cause the same to be registered in a register which shall be kept by the Chief Executive Officer and shall deposit to the office of the Corporation at the time of registration a plan of such place prepared by a surveyor.

 

(2)     All burial and burning grounds, public or private, shall be registered in the book of the Corporation in such manner as may be determined by regulation.

 

 

(3)     The provisions of this Chapter shall be subject to the Registration of Births and Deaths Act, 1969.

 

Section 259 - Power to make rules

 

(1)     The State Government may, after previous publication in the Official Gazette, make rules for carrying out the purposes of this Act.

 

(2)     In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which under any provision of this Act are required to be prescribed or to be provided for by rules.

[202](2A) Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, till such time as the State Government makes rules under this Act providing for all or any of the matters, the[203][rules under the West Bengal Municipal Act, 1993], the Howrah Municipal Corporation Act, 1980, or the Calcutta Municipal Corporation Act, 1980, providing for all or any of the similar matters may be made applicable to the Corporation by the State Government, to such  extent and with such modifications as the State Government may by notifications specify.

(3)     All rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid. Any modification of the said rules made by the State Legislature shall be published in the Official Gazette, and shall, unless some later date is appointed by the State Government, come into force on the date of such publication.

 

 

Section 260 - Power to make regulations

 

(1)     The Corporation may [204] [* * * * *] make regulations not inconsistent with the provisions of this Act or the rules made thereunder for discharging its functions under this Act.

 

(2)     Such regulations may provide that any breach thereof shall be punishable with such fine as may be specified therein.

 

 

(3)     Such regulations shall be published in the Official Gazette.

 

 

Section 261 - Power to make bye-laws

 

(1)     The Corporation may [205] [* * * * *] make bye-laws not inconsistent with the provisions of this Act or the rules or the regulations made thereunder for discharging its functions under this Act.

 

(2)     Such bye-laws may provide that any breach thereof shall be punishable with such fine as may be specified therein.

 

 

(3)     Such bye-laws shall be published in the Official Gazette and in such local newspapers as the Corporation may determine.

 

 

Section 262 - Power of State Government to cancel or modify regulations and bye-laws

 

(1)     If the State Government is at any time of opinion that any regulation or bye-law made by the Corporation should be cancelled or modified either wholly or in part, it shall cause the reasons for such opinion to be communicated, to the Corporation, and shall specify a period within which the Corporation may make any representation with regard thereto.

 

(2)     After the expiry of such period and on consideration of the representation of the Corporation, if any, the State Government may at any time by notification cancel or modify such regulation or bye-law either wholly or in part.

 

(3)     Any notification under sub-section (2) shall be published in local newspapers.

 

Section 263 - Power to amend Schedule

 

[206] [The State Government may, by notification, add to, amend, or alter, any Schedule to this Act.

 

 

Section 263A - Delegation of power by the State Government

 

[207]CHAPTER XXA

[208] [(1) The State Government may, subject to such conditions or restrictions as it may deem fit to impose, by notification, delegate to the Director of Local Bodies, appointed under any law for the time being in force, any of the powers vested in, or the functions imposed upon, the State Government by or under this Act, and thereupon, the Director of Local Bodies shall exercise such powers or perform such functions as if he were the State Government.

(2) The State Government may, by notification, authorise one or more Deputy Directors or Assistant Directors of Local Bodies, appointed under any law for the time being in force, to exercise the powers and perform the functions of the Directors of Local Bodies.

(3) Notwithstanding anything contained in this Chapter, the State Government may authorise the District Magistrate or the Sub-divisional Magistrate to exercise any of the powers or perform any of the functions within his jurisdiction, on matters delegated under sub-sections (1) and (2).

 

 

Section 263B - Supervision by Director of Local Bodies

 

[209] [(1) The Director of Local Bodies, in addition to the powers or functions delegated to him, may-

(a)      inspect, or cause to be inspected, any immovable property owned, used or occupied by the Corporation or any work in progress under the direction of any authority of the Corporation;

 

(b)      inspect or examine any department of the Corporation or any office, service, work or thing under the control of the Corporation;

 

 

(c)      record, in writing, for the consideration of the Corporation, any observation he thinks proper in regard to the proceedings or duties of the Corporation.

(2) For the purpose of inspection or examination, the Director of Local Bodies may require the Chief Executive Officer or any officer of the Corporation?

(a)      to produce any book, record, correspondence, plan or other document,

 

(b)      to furnish any return, plan, estimate, statement, account or statistics, or

 

 

(c)      to furnish or obtain any report.

(3) When a requisition is made under sub-section (2), the Chief Executive Officer or any officer of the Corporation, as the case may be, shall comply with such requisition.

 

 

Section 263C - Power of State Government to call for documents, returns or information from Chief Executive Officer or any officer of Corporation

 

[210] [The State Government may, at any time,-

(a)      call for any document in the possession or under the control of the Chief Executive Officer or any officer of the Corporation;

 

(b)      require the Chief Executive Officer or any officer of the Corporation to furnish any return, plan, estimate, statement, account, report of statistics, or any information whatsoever.

 

 

Section 263D - Inspection of Corporation works and institutions by Government officers

 

[211] [Any work or institution constructed or maintained or any programme undertaken in whole or in part, at the expense of the Corporation, 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.

 

 

Section 263E - Power to suspend action under the Act

[212] [(1) The State Government may, after giving the Corporation a reasonable opportunity of being heard, annul any proceeding or resolution or order which it considers to be not in conformity with the provisions of this Act or the rules made thereunder and may do all things necessary to secure such conformity:

Provided that pending the hearing to be given to the Corporation, the State Government may suspend the operation of such proceeding or resolution or order.

(2) The State Government, on receiving any information that the Corporation is about to pass an order or instruction or implement any act in excess of any power conferred by this Act, may forthwith prohibit the passing of such order or instruction or implementation of such act, and such prohibition shall be binding on the Corporation:

Provided that the State Government shall immediately thereafter give an opportunity to the Corporation to make its representation in the matter upon which the State Government shall give its final order with reasons in writing.

 

 

Section 263F - Powers of State Government in case of default

 

[213] [(1) If, at any time, it appears to the State Government that the Corporation has made default in performing any duty imposed on it by or under this Act or any other law for the time being in force, the State Government may, by order in writing, fix a period for due performance of such duty.

(2) If such duty is not performed within the period so fixed, the State Government may appoint its own agency to perform it, and may direct that the expenses of performing it shall be paid to such agency from the Corporation Fund within such time as it may fix.

Section 263G - Co-ordination for purposes of planning and development

 

[214] [(1) The State Government may require the Corporation to be integrated with such authorities at the level of district, region or State for the purposes of co-ordination of planning and development, as it may deem fit and proper.

(2) When so required, it shall be the duty of the Corporation to participate in such process of co-ordination in accordance with such procedure as the State Government may determine. 

 

 

Section 263H - Civic participation

 

[215] [(1) The Corporation shall convene a meeting of the citizens in each area covered by a Borough Committee once a year for placing its annual administration report and annual financial statement for public information and deliberation thereon.

(2) The views of the citizens on the said report and statement shall be recorded and considered in such manner as may be prescribed. 

 

 

Section 263I - Services of Municipal Engineering Directorate

 

[216][(1) The State Government may require the Corporation to avail of the services of the Municipal Engineering Directorate of the State Government in all matters in which the State Government considers such services necessary.

(2) The power of the State Government under sub-section (1) shall include the power to post a technical officer, namely, an engineer, architect or town planner, from the pool of the Municipal Engineering Directorate, with or without supporting staff, who shall discharge his functions in such manner as the State Government may decide.

 

 

Section 263J - Training and Research Programmes of Institute of Local Government and Urban Studies

 

[217] [(1) The State Government may require the Corporation to participate in such training and research programmes as may be organised by the Institute of Local Government and Urban Studies from time to time in aid of the Corporation functionaries and personnel.

(2) It shall be obligatory on the part of the Corporation to furnish such papers, reports, documents, information, data and statistics as may be called for by the Institute of Local Government and Urban Studies from time to time. 

 

 

Section 263K - Appointment of officers for Corporation from cadres of State Government

 

[218] [Notwithstanding anything contained elsewhere in this Act, the State Government may, in consultation with the Mayor, appoint, from its own cadre, an officer to be posted for the Corporation by way of support service on such terms and conditions as the State Government may decide:

Provided that an officer so appointed shall be under the administrative control of the Mayor-in-Council.

 

 

Section 263L - Disputes

 

[219] [If any dispute arises on any matter between the Corporation and any other local authority, such dispute shall be referred to the State Government whose decision thereon shall be final and shall not be questioned in any Court. 

 

 

Section 263M - Savings as to certain suits and proceedings

 

[220] [(1) Any suit or other legal proceedings instituted, or any action taken, which but for the passing of this Act would have been instituted or taken under the Bengal Municipal Act, 1932, by or against the Asansol Municipality constituted under that Act may be continued or instituted by the Corporation.

(2) For the purposes of such suit or legal proceedings and of all matters incidental thereto, the powers and the duties of the Commissioners or the Board of Commissioners of the Asansol Municipality constituted under the Bengal Municipal Act, 1932, shall vest in the Corporation constituted or appointed under this Act.

(3) Save as provided in sub-section (2), the procedure laid down in this Act shall be followed in all proceedings relating to a contravention of the provisions of the Bengal Municipal Act, 1932. 

 

 

Section 264 - Punishment for offences as given in Schedule VI

 

Whoever contravenes any provision of any of the sections, sub-sections, clauses, or provisos or any other provisions of this Act mentioned in column 1 of Schedule VI shall be punishable with fine which may extend to the amount, or with imprisonment for a term which may extend to the period, specified in that behalf in column 3 of the said Schedule or with both, and in the case of continuing contravention or failure, with an additional fine which may extend to the amount specified in column 4 of the said Schedule for every day of such contravention or failure after conviction for the first such contravention or failure. 

 

Section 265 - Acquisition of property

 

The Corporation shall, for the purpose of this Act, have the power to acquire and hold movable or immovable property or any interest therein, whether within or outside the limits of Asansol.

 

Section 266 - Inventory of property

 

The Chief Executive Officer shall maintain an inventory of the movable and immovable properties of the Corporation in such form and manner as may be determined by the Corporation by regulation. 

 

Section 267 - Disposal of property

 

The Corporation may dispose of, by sale or otherwise, any movable or immovable property belonging to the Corporation in such manner as may be prescri

 

Section 268 - Entry and inspection

 

(1)     Subject to the provisions of the Code of Criminal Procedure, 1973, in identical matters, the Chief Executive Officer or any other Officer or employee of the Corporation, authorised by the Chief Executive Officer or empowered under this Act in this behalf, may enter into or upon any land or building with or without assistance for the purpose of enquiry, inspection, execution of any work or discharge of any function authorised under this Act or the rules or the regulations made thereunder.

 

(2)     It shall be lawful for the Chief Executive Officer or any person authorised by him in this behalf to make forcible entry into any land or building or break open any door, gate or other barrier, if the same is considered necessary for carrying out the purposes of this Act, after calling upon two or more respectable inhabitants of the locality to witness such entry or opening. 

 

Section 269 - Police officers to assist the Corporation, Mayor-in-Council, Chief Executive Officer, etc.

 

It shall be the duty of every police officer in or outside Asansol [221][to assist the Mayor, the Mayor-in-Council, the Councilors,] the Chief Executive Officer or any other officer or employee of the Corporation in the exercise of the powers and discharge of the duties and the functions under this Act or any rule or regulation made thereunder as and when such assistance is called for. 

 

 

Section 270 - Saving as to certain suits and proceedings

 

Any suit or legal proceeding instituted or which, but for the coming into force of this Act, would have been instituted, by or against the Asansol Municipality may be continued or instituted by the Corporation or the Chief Executive Officer, as the case may be, constituted or appointed under this Act. 

 

Section 270A - Saving as to holding of certain office

 

[222] [Notwithstanding anything contained in this Act or in any other law for the time being in force, any person elected to the Corporation as Alderman and holding office as such immediately before the commencement of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994 shall continue to hold such office till the expiration of his term of office in accordance with the provisions of this Act in force immediately before the commencement of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994.

Explanation.-?Alderman? shall mean a person elected to the Corporation as Alderman by the Councilors referred to in clause (a) of sub-section (1) of section 5 in accordance with the provisions of this Act, and the rules made thereunder, in force immediately before the commencement of the West Bengal Municipal Corporation Laws (Third Amendment) Act, 1994.

 

 

Section 271 - Removal of difficulty

If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, as occasion may require, by order, do or cause to be done anything which may be necessary for removing the difficulty. 

 

Section 272 - Notices, etc., to fix reasonable time

 

Where any notice, bill, order or requisition issued or made under this Act or the rules or the regulation made thereunder requires anything to be done for doing of which no time is fixed in this Act or the rule or the regulations made thereunder, such notice, bill, order or requisition shall specify a reasonable time for doing the same. 

 

Section 273 - Signature on notices, etc., to be stamped

 

(1)     Every licence, written permission, notice, bill, summons or other document which is required by the Act or the rules or the regulations made thereunder to bear the signature of the Chief Executive Officer or any Other Officer of the Corporation, shall be deemed to be properly signed if it bears a facsimile of the signature of the Chief Executive Officer or such officer as the case may be stamped thereupon.

 

(2)     Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Municipal Fund.

 

Section 274 - 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 Corporation or by any person authorised by the Chief Executive Officer in that behalf.

 

Section 275 - Service of notices, etc.

 

(1)     Every notice, bill, summons or other document required or authorised by this Act or the rules or the regulations made thereunder to be served or issued by or on behalf of the Corporation or by any of the municipal authorities referred to in section 3 or any officer or employee of the Corporation shall, save as otherwise provided in this Act or the rules or the regulations made thereunder, be deemed to be duly served,-

 

(a)      where the person to be served is a company, if the document is addressed to the Secretary or the Manager of the company at its registered office or at its principal office or place of business and is either-

 

(i)       sent by registered post, or

 

(ii)      delivered at the registered office or at the principal office or place of business of the company,

 

 

(b)      where the person to be served is a partnership firm, if the document is addressed to the partnership at its principal place of business identifying it by the name or style under which its business is carried on and is either-

 

(i)       sent by registered post, or

 

(ii)      delivered at the said place of business;

 

 

(c)      where the person to be served is a public body, Corporation, society or any other body, if the document addressed to the Secretary, Treasurer or other officer of such body, Corporation or society at its principal office, and is either-

 

(i)       sent by the registered post, or

 

(ii)      delivered at the office;

 

(d)      in any other case, if the document is addressed to the person to be served and-

 

(i)       is given or tendered to him, or

 

(ii)      if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within Asansol or is given or tendered to some conspicuous part of the land or building, if any, to which it relates, or

 

(iii)     is sent by registered post to such person.

 

 

(2)     Any document required or authorised to be served on the owner or the occupier of any land or building may be addressed to ?the owner? or ?the occupier?, as the case may be, of such land or building (naming such land or building) without further name or description and shall be deemed to be duly served-

 

(a)      if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1), or

 

(b)      if the document or a copy thereof so addressed is delivered to some person on the land or in the building or, where there is no such person to whom it can be delivered, is affixed to some conspicuous part of such land or building.

 

 

(3)     Where a document is served on a partnership firm under this section, the document shall be deemed to be duly served on each partner.

 

(4)     For the purpose of enabling any document to be served on the owner of any premises, the Chief Executive Officer may by notice in writing require the occupier of such premises to state the name and address of the owner thereof.

 

 

(5)     Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.

 

(6)     Nothing in this section shall apply to any summons issued under this Act by any court.

 

(7)     A servant is not a member of the family within the meaning of this section.

 

Section 276 - Cognizance of offences

 

All offences under this Act or the rules or the regulations made thereunder, whether committed within or outside Asansol shall be cognizable by any [223][Judicial Magistrate] having jurisdiction and such Magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment repealed by this Act by reason only of his being-

(a)      liable to pay under this Act any consolidated or other tax or rate, or

 

(b)      benefited by the Municipal Fund. 

 

 

Section 277 - Limitation of time for prosecution

 

(1)     No person shall be liable to any punishment for an offence under this Act or the rules or the regulations made thereunder unless a complaint of such offence is made before a Municipal Magistrate within six months next after-

 

(a)      the date of commission of such offence, or

 

(b)      the date on which the commission or the continuance of such offence is first brought to the notice of the Corporation or the Chief Executive Officer.

 

 

(2)     For the avoidance of doubts, it is hereby declared that any failure to take out a licence under this Act or to pay tax under section 123 shall, for the purpose of sub-section (1), be deemed to be a continuing offence until the expiration of the period for which such licence is required to be taken.

 

Section 278 - Admissibility of documents 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 legal keeper thereof or other person authorised by the Chief Executive Officer in this behalf, be admissible in evidence of the existence of such application, plan, notice, order, document or entry.

Section 279 - Councillors and officer and other of the Corporation to be public servants

 

Every Councillor, [224] [* * *] the Chief Executive Officer and every other officer or employee of the Corporation shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code and in the definition of ?legal remuneration? in section 161 of that Code the word ?Government? shall for the purpose of this section, be deemed to include the Corporation.

 

 

Section 280 - Occupier to carry out work in place of owner

 

When the Chief Executive Officer may require the owner of any premises to carry out any work, he may, if he considers it desirable so to do, require the occupier of the said premises to carry out such work and the occupier shall be bound to comply with the requisition :

Provided that except in the case of a special agreement to the contrary, such occupier may deduct the amount of the expenses reasonably incurred or paid by him in respect of such work from the rent payable to the owner or may recover the same from him in any court of competent jurisdiction.

 

Section 281 - Prohibition of nuisance

 

No person shall,-

(1)      save with the written permission of the Chief Executive Officer and in such manner as he may authorise, store or use night soil, cow dung, manure, rubbish or any other substance omitting an offensive smell;

 

(2)      use or permit to be used any premises for any purpose which is in the opinion of the Chief Executive Officer, dangerous to life, health or property or likely to create a nuisance on any land or building or workshop or workplace. The Chief Executive Officer or any officer empowered by him may, by notice in writing, require the person or persons by whose act, default or sufference the nuisance arises or continues or the owner, lessee or occupier of the land, building, workshop or workplace to remove or abate the nuisance by taking such measure in such manner and within such period as may be specified in the notice and in default of compliance with the requisition or the notice, the offender[225] [may be imprisoned for a term which may extend to three months or fined to the extent of rupees five hundred and, in the case of continuing offence, daily fine of rupees fifty.]

 

 

Section 282 - Power of Chief Executive Officer to remove dangerous buildings, etc.

 

Where any building or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression or excavation or any branch of tree is, in the opinion of the Chief Executive Officer dangerous to persons passing by or dwelling or working in the neighbourhood, the Chief Executive Officer may, by notice in writing, require the owner or the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary and if the danger is, in the opinion of the Chief Executive Officer, imminent, he shall forthwith take such steps as he thinks necessary to avert the same. And on failure of compliance with the notice for removal and abatement of the nuisance or the danger, the offender [226] [may be imprisoned for a term which may extend to three months or fined to the extent of rupees five hundred and, in the case of continuing offence, daily fine of rupees fifty.]

 

 

Section 283 - Transitory provisions

 

(1)     Notwithstanding anything contained in this Act with effect from such date as the State Government may by, notification appoint, all the powers and functions of the municipal authorities under this Act may be exercised and performed by a Board to be known as the Asansol Municipal Board until the municipal authorities commence to exercise their respective powers and perform their respective functions under this Act.

 

(2)     The members of the Board shall consist of all the commissioners elected to the municipality within the limits of Asansol and such other persons from any area or areas within the limits of Asansol but not included within such municipality as the State Government may nominate.

 

 

(3)     The State Government may appoint one of the members of the Board to be the Chairman of the Board.

 

(4)     The Chairman of the Board or, in his absence, such other member of the Board as may be appointed by the State Government shall preside at the meetings of the Board.

 

 

(5)     Twenty-five per cent of the members of the Board shall be a quorum for a meeting of the Board.

 

(6)     No act or proceeding of the Board shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Board.

 

Section 284 - Cessation of application of Ben. Act 15 of 1932

[227] [(1) With effect from the date of commencement of this Act, the provisions of the Bengal Municipal Act, 1932, shall cease to apply to any area of the Corporation and shall cease to be in force in such area.

(2) Notwithstanding the provisions of sub-section (1),-

(a)        every budget passed, loan taken, assessment made, building plan sanctioned, licence or permission or sanction granted or issued or any other similar action taken under the Bengal Municipal Act, 1932, and in force immediately before the commencement of this Act, shall, at the date of commencement of this Act, 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, and all rights and interest of whatever kind, owned by, or vested in, the Asansol Municipality shall, at the date of commencement of this Act, be deemed to be owned by, or vested in, the Corporation;

 

 

(c)        all contracts made or liabilities incurred by the Asansol Municipality and legally substituting against that municipality immediately before the commencement of this Act, shall, at the date of commencement of this Act, pass on to the Corporation; 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, at the date of commencement of this Act, be deemed to have been appointed under this Act.

Explanation.-?Asansol Municipality? shall mean the Asansol Municipality constituted under the Bengal Municipal Act, 1932.

 

 

Section 285 - Preparation of Draft Development Plan

 

[228]CHAPTER XXII

[229] [(1) The Corporation shall prepare a Draft Development Plan for Asansol in consultation with the District Planning Committee for a period five years, and shall submit to the Urban Development Sub-Committee at least one year before completion of the term of the preceding Draft Development Plan :

Provided that the Corporation shall prepare the first Draft Development Plan in accordance with the directions of the District Planning Committee.

(2) The Draft Development Plan for Asansol shall be a written statement, and shall include-

(a)      the schemes of the Corporation for the development and other use of land or for any description of development or other use of such land including, in either case, such measures as the Corporation thinks fit for the improvement of the physical environment;

 

(b)      detailed and specific scheme of the Corporation for conducting development programmes on all or any of the points specified in clauses (1), (2) and (3) of section 87, section 88 and sub-section (2) of section 89;

 

(c)      such maps and diagrams as the Corporation thinks appropriate;

 

 

(d)      existing land use pattern in maps or documents;

 

(e)      the scheme for future land use control by way of-

 

 

(i)       identification and preservation of open spaces;

 

(ii)      prohibition of filling up of tanks or water courses;

 

(iii)     filling up of in sanitary water courses;

 

 

(iv)    protection of land surface through which sub-soil water sources are re-charged;

 

(v)      provision for drainage network and outfalls;

 

 

(vi)    provision of dumping grounds for solid wastes disposal;

 

(vii)   street alignment;

 

(viii)  provision for burning and burial grounds;

 

 

(ix)    reclamation of waste lands; or

 

(x)      providing activities of similar nature;

 

 

(f)       regulation and restriction of sites for construction of buildings, huts or structures for the purposes of safety, disinfections, density control or pollution control ;

 

(g)      scheme for environmental improvement by way of restriction on falling of trees, planting of new trees and flowering of plants in public places and adding of house greenery and the like ;

 

 

(h)     scheme for control of pollution relating to water, soil, air, noise and odour ;

 

(i)       scheme for acquisition of land for the purpose of ensuring that the benefits of development activities are reaped by public institutions for community-welfare and not for speculative gains by private individuals.

(3) If the preceding Draft Development Plan has not been fully implemented, a statement shall be annexed with the Draft Development Plan, showing the due quantum of work and the reasons for such non-completion.

 

Section 286 - Financial statement in regard to Draft Development Plan

 

[230] [A financial statement shall be submitted with the Draft Development Plan containing-

(a)      detailed particulars about the quantum of finance available for conducting the development programme under the said Draft Development Plan from-

 

(i)       own resources of the Corporation with source-wise break-ups; and

 

(ii)      corporate sector or household sector;

 

(b)      the following particulars in detail:-

 

(i)       credit plan or the terms and conditions for availing of the finance from corporate sector or household sector;

 

(ii)      sources of fund for repayment of credit, if taken from corporate sector or household sector and the manner of repayment; and

 

(c)      if the Corporation thinks it proper to transfer any function of the Corporation in relation to the implementation of the Draft Development Plan to any organisation including Government organisation within the meaning section 89A, a statement containing the list of the function or the functions to be transferred, the manner of transfer, and the terms and conditions of such transfer.

 

 

Section 287 - Modification of Draft Development Plan

 

[231] [The Corporation may, at any time but not more than once in every three years, propose to the District Planning Committee any revision or modification of the Draft Development Plan.

 

 

Section 288 - Annual Development Plan

 

[232] [(1) The Corporation shall prepare an Annual Development Plan for a period of one financial year, covering on the relevant portion of the Draft Development Plan for the concerned period in consultation with the District Planning Committee, and submit the same to the State Government within the last week of the month of October of the year preceding the period for which the Annual Development Plan shall be prepared.

(2) The Annual Development Plan shall be prepared in accordance with the provisions of sub-section (2) of section 285 and section 286, which shall apply mutatis mutandis.

(3) The State Government shall, on receipt of the Annual Development Plan, consider it in the light of the availability of fund for the purpose and shall, thereafter, approve the Annual Development Plan with necessary modification, if any.

(4) The Corporation shall, within six months from the date of receipt of plan grant under sub-section (3) of section 60A, submit a report, stating the progress of work towards implementing the Annual Development Plan, either in full or in part, for which the said grant was sanctioned.

(5) The Corporation may, at any time but not more than once, revise or modify the Annual Development Plan with the approval of the State Government:

Provided that any modification or revision of the Annual Development Plan shall not contain anything which is not included in the Draft Development Plan for the period to which the Annual Development Plan relates.

 

 

Schedule - SCHEDULE I

 

SCHEDULE I

 

 

Schedule - SCHEDULE I

I

 

SCHEDULE II

Purpose for which premises may not be used without a licence or written permission.

[See section 208(1).]

Aerated waters-Manufacturing.

Asafoetide-storing.

Aloe fibre and yarn-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever.

Ammunition-Storing, pressing, cleansing, preparing or manufacturing by any process whatsoever.

Arecantus-Soaking of.

Articles made of flour-Baking, preparing, keeping or storing for human consumption (for other than domestic use).

Ashes-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever, dumping or shifting.

Bakelite goods-Manufacturing or processing.

Bamboos-Storing for sale hire or manufacture.

Bidi leaves-Storing or processing.

Biscuits-Baking, preparing, keeping or storing for human consumption (for other than domestic use).

Blasting powder-Storing.

Blood-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Bones-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Bread-Baking, preparing, keeping or storing for human consumption (for other than domestic use).

Bricks-Manufacturing.

Camphor-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever or boiling.

Candles-Packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Carbide of calcium-Storing.

Cardboard-Storing.

Carpets-Manufacturing.

Cashewnuts-Storing, packing, preparing or manufacturing by any process whatever.

Catgut-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Celluloid goods-Storing.

Cement-Packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Charcoal-Dumping, shifting, selling or storing.

Chemical preparations-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Chillies-Grinding by machinery.

Chillies (dried)-Selling wholesale or storing for wholesale trade.

Chlorate mixture-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Cinders-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever, dumpting or shifting.

Cinematograph films-Shooting of, treating or processing.

Cloths-Dyeing, bleaching, mercirising or storing.

Coal-Dumping, shifting, selling or storing.

Cocoanut fibre-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Cocoanut husks and cadjan leaves-Soaking of.

Cocoanut shell-Storing.

Coir yarn-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Coke-Storing.

Combustible material-Storing.

Combustibles-Baking, preparing, keeping or storing for human consumption (for other than domestic use).

Compound gases (viz., oxygen, nitrogen, hydrogen, carbon-dioxide, sulphur, chlorine, acetylene, etc.)-Storing.

Copra-Preparing or storing or selling wholesale.

Cotton of all kinds, cotton refuse, cotton seed-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Cow-dung cakes-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Detonators-Storing.

Dry leaves-Storing.

Dyes-Packing, Pressing, cleansing, preparing or manufacturing by any process whatever.

Dynamite-Storing.

Explosive-Storing.

Explosive paints (viz., nitro-cellulose, lacquer, enamel, etc.)-Storing.

Fibre-Selling or storing.

Fat-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Felt-Storing.

Fins-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Firewood-Selling or storing.

Fireworks-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Fish-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Fish oil-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Flax-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Fleshing-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Flour-Packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Fuel-Using for any industrial purpose.

Fulminate of mercury-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Furniture-Making or storing for sale.

Gas-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Gelatine-Storing.

Ghee-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Gold-Refining.

Grain-Selling wholesale or storing for wholesale trade.

Gram-Husking by machinery.

Grass-Storing.

Groundnut-Selling wholesale or storing for wholesale trade.

Gun cotton-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Gunny-bag-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Gunpowder-Storing, packing, pressing, preparing or manufacturing by any process whatever.

Hair-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever, dyeing or drying.

Hay-Selling or storing.

Hemp-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Hessian cloth-Storing.

Hides-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Hoofs-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Horns-Storing, packing, cleansing, preparing or manufacturing by any process whatever.

Ice-Manufacturing.

Incense-Storing.

Jaggery-Storing, packing, pressing, cleansing, preparing or manufacturing by any process or selling wholesale.

Jute-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Kakhi-Preparing.

Lac-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Lead-Melting.

Leather-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Lime-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Limeshells-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Manure-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Machinery-Using or any industrial purpose.

Matches-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Meat-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Metals-including precious metal-Beating, breaking, hammering, casting, etc.

Methylated spirit or denatured spirit-Storing.

Nitro-compound-Storing, packing, pressing, cleansing, prreparing or manufacturing by any process whatever.

Nitro-mixture-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Offal-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Oil-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever or boiling.

Oilseeds-Storing.

Paddy-Boiling or husking by machinery.

Paints-Manufacturing or storing.

Paper-Packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Petroleum products-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Phosphorus-Storing.

Pitch-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Plastic or plastic goods-Manufacturing or storing.

Plywood-Storing.

Pottery-Packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Polythene-Manufacturing or storing.

Radio-Manufacturing, assembling, servicing and repairing.

Resin (including rosin)-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Rugs-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Sago-Manufacturing or distilling.

Saltpetre-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Seekai-Powdering by machinery.

Shellac-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Silk-Packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Sisal fibre-Storing.

Skins-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Soap-Packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Spirits-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Straw-Selling or storing.

Sugar-Packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Sugar-candy-Packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Sulphur-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever or melting.

Surki-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Sweet-meats-Baking, preparing, keeping or storing for human consumption (for other than domestic use).

Tallow-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever or melting.

Tar-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Tarpauline-Storing.

Thatching materials-Selling or storing.

Thinner-Storing.

Tiles-Manufacturing.

Timber-Selling or storing.

Tobacco (including snuff, cigars, cigarettes and bidies)-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Turpentine-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever.

Varnish-Manufacturing or storing.

Wool-Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever, dyeing or drying.

Yarn-Dyeing or bleaching.

Manufacturing articles from which offensive or unwholesome smells, fumes dust or noise arise.

In general, any purpose of the doing in the course of any industrial process anything which in the opinion of the Board of Commissioners is likely to be dangerous to human life or health or property or is likely to create or cause or nuisance:

Provided that no licence shall be required for the storage only of any of the articles mentioned in this Schedule for domestic use and limited to such quantities as may from time to time be fixed by the Board of Commissioners.

 

Schedule - SCHEDULE I

II

 

[234]SCHEDULE III

Professions, trades and callings.

[See section 123(1).]

Every certificate of enlistment shall be granted under one or other of the classes mentioned in the second column of the following table :-

 

 

Schedule - SCHEDULE I

V

 

SCHEDULE IV

Tax on Advertisement

[See Section 124(1).]

If a poster for which tax has already been paid has to be replaced due to damage or otherwise  before the expiry of the period for which the tax has been paid, a stamp may be affixed to the new poster to the effect that it is covered by the original receipt for payment, the number and date whereof should be specified on the body of the poster:

Explanation

1.            In calculating the space or area referred to above all the faces of the advertisement hoardings, boards, etc., utilised for purposes of display shall be taken into account :

Provided that in the case of a sky-sign, in addition to the above, the face surface of the supporting pillars or raised 'platforms, if any, below the actual displaying area shall also be taken into account.

2.            An advertisement shall not be deemed to be an Illuminated advertisement within the meaning of this Schedule if such advertisement is illuminated merely by light which, in the opinion of the Chief Executive Officer, is not more than what is necessary to make the same visible at night.

 

Schedule - SCHEDULE V

 

SCHEDULE V

[See section 102(4).]

Parts of plant or of combination of plant and machinery in certain cases not to be excluded in calculating the annual value of any land or building

The following parts of a plant or combination of plant and machinery whenever and only to such extent as any such part is, or is in the nature of a building or structure :

Acid Concentrators,

Bins and Hoppers,

Blast Furnaces,

Burners, Forges, Furnaces, Kilns, Ovens and Stoves, Chambers,

Absorption of gases or fumes,

Aerographing and Spraying,

Bleaching,

Chemical Reaction,

Conditioning or Treatment,

Cooling,

Dyeing,

Dust or Fume Collecting,

Fibre Separation (Wool Carbonising),

Fuming,

Impregnating,

Refrigerating,

Sandblasting,

Sterilising,

Sulphruic Acid,

Chimneys,

Cooking Ovens;

Condensers and Scrubbers-

Acid,

Alkali,

Gas,

Oil,

Tar;

Conveyor Gantries;

Cooling Ponds;

Crane Gantrgasies;

Coupolas;

Economisers;

Elevators and Hoists;

Evaporators;

Fan Drifts;

Floating Docks and Pontoons with any Bridges or Gangways not of a

temporary nature used in connection therewith;

Flues;

Flumes and Conduits;

Foundations, Settings, Gantries, Supports, Platforms and Stagings for plan and machinery;

Gas-

Holders,

Producers and Generators,

Purifiers and Cleaners;

Head Gear-

Mine, Quarry and Pit,

Hydraulic Accumulators,

Well ;

Pits, Beds and Bays-

Casting,

Cooling,

Drop,

Inspecting or Testing,

Liming, Soaking, Tanning or other treatment settling;

Rack;

Refuse, Destructors and Incinerators;

Restors;

Ship Construction and Repair;

Cradles,

Grids,

Slipways,

Uprights,

Silos;

Stages, Staithes and Platforms for loading, unloading and handling materials ;

Stills;

Superheaters;

Tanks;

Towers for-

Absorption of gases or fumes,

Chemicals Reaction,

Cooking,

Oil Refining and Condensing Treatment,

Water,

Transporter Gantries,

Transverser and Turntables,

Vats,

Weighbridges,

Wheles Masts.

 

Schedule - SCHEDULE V

I

 

SCHEDULE VI

Penalties

(See section 264.)