West Bengal Municipal Act, 1993 (West Bengal Act XXII of 1993)

1. Short title, extent and commencement 1

2. Definitions 2 PART II THE MUNICIPAL AREAS CHAPTER 1! The Constitution of Municipal Areas

3. Declaration of intention to constitute a municipal area

4. Publication of declaration 11

5. Consideration of objection .. . , 11

6. Constitution of municipal area

7. Power to classify municipal areas ^2

8. Power to determine the number of wards in municipal areas 12

9. Power to abolish or alter the limits of a municipal area 13

10. Power to include certain dwelling house, manufactory etc within a particular municipal area '

11. Power to exempt municipal area .from operation of any provisions of the Act unsuited thereto CHAPTER III The Municipal Authorities

12. Municipal authorities

13. The Municipality 14 Constitution of Board of Councillors 10

15. Chairman-in-Council

16. Powers and functions of the Chairman

17. Election of Chairman

18. Terms of office of Chairman

19. Vice-Chairman .jg

19A. Making over of charge by the Chairman ^9

20. Members ofChairman-in-Council 20 [1] [2] The West Bengal Municipal Act, 1993 Sections Page

20A. Delegation of powers and functions 20

21. Term of office of Vice-Ctiairman and other members of Chairman-in-Council 21

21A. Terms of office of Councillor 21

218. Disqualification for being a Councillor on change of political party by the Councillor 22

210. Leader ofOpposition 26

22. Borough Committee 26

23. Ward Committee 27

23A. Area Sabha 27

23AA. Constitution of Standing Committee 27

23B. Powers, functions, and duties of Standing Committee 28

23C. Heritage Conservation Committee 28

24. Formation of Special Committee 29

25. Constitution of Joint Committee 29

25A. Self-help group and Community Development Society 29

25B. Poverty Alleviation Cell 30 CHAPTER IV Election of Councillors

26. Holding of general elecHon 30 27. [Omitted] 30 9Q 29 to 49. [Omitted] Municipalities 31 31 CHAPTER V „ 7 Municipality and the Municipal Establishment 50A Oa h be taken by Counciiiors 35 mom.,- 'c be taken by Chairman, Vice-Chairman and 508 ^r' ®'®°'®'^«™® in-Councii..... 36 51 Counciiiors 36 51A:;rrn^!.'''l'°^:^°'«-

53M.Mun Mmin!r?"°" ®"wia'nces lillilll. c,pal establishments S 37 .. . ^QiTimon municipal service, appointments, etc 39

55A. Mumcpai V.gitenceCommission Authority 40 41 aanes and aiiowances of officers and empioyees 41

57. Leave and other conditions of service 41

58. Compulsory retirement of municipal officers and other employees 4^ Contents [3] Sections Page

59. Power to declare essential service in municipalities 41

60. Appointment of officers of State Government for Municipalities . 42

60A. Powers and functions of Executive Officer and Finance Officer 42

61. Classification, control and appeal 43

62. Appointment of a Pay Review Committee 43 CHAPTER VI Powers and Functions

63. Obligatory functions 44

64. Discretionary functions of the Municipality 46

64A. Citizens charter 48

64B. Public Disclosure 48

65. Transfer of functions of State Government 4q 66. Power to transfer any function of Municipality under the Act to any organisation

66A. Powers of the Municipality to enter into any business or venture 5q PART III FINANCE CHAPTER VII Municipal Fund

67. Municipal Fund

68. Custody of Municipal Fund

69. Application of Municipal Fund

70. Exclusive use of fund for a particular purpose 5^

70A. Constitution of Non-lapsable Basic Services for Urban Poor Fund 52

70B. Budgetary process and nature of the fund created under section 70A g2 70C. Management of fund under section 70A, and keeping accounts. thereof ' 53

71. Financial assistance from the State Government 53

72. Loans 53

73. Power to incur expenditure beyond the limits of a Municipality 53

73A. Approval of State Government in respect of works etc. estimated to cost more than rupees five lakh 54 [4] The West Bengal Municipal Act. 1993 Sections Pbqb CHAPTER VIII Municipal Property

74. Power to acquire and hold property 54

75. Vesting of property 54

76. Acquisition of property by a Municipality by agreement, exchange, lease, grant, etc 55

77. Compulsory acquisition of land 55 78. [Omitted] '55 79. Special provisions for acquisition of lands adjoining streets 55

80. Disposal of property 56

81. Inventory of properties of the Municipality 56 CHAPTER IX Budget, Accounts and Audit

82. Annual Budget Estimates of a Municipality 57

83. Power to alter budget grants

84. Annual financial statements 85. [Omitted] 58

86. Appointment and power of the Auditor 58

87. Audit report 59 88. Chairman-in-Council to remedy the defects upon audit report... 59 89. Power of the State Government to enforce an order upon audit "•©port 59

90. Special audit 59

90A. Laying of audit report 60

91. Internal audit 60

92. Municipal Accounts Committee 60 PART IV municipal taxation and application fee CHAPTER X Taxes and Fees A. Taxes and Fees (other than Application Fee)

93. Power to impose taxes 62

94. Levy on congregations ,.r. 62

94A. Levy on tourist 62

95. Levy of fees, charges, etc 63

95A. Levy of toll on heavy truck and bus 63

95B. Levy ofspecial conservancy charge 63 Contents [5] Sections Page B. Rating and Valuation

96. Property tax on lands and buildings 64

97. Levy of surcharge 65

98. Rebate for residential building {Omitted) 65

99. Exemption of Diplomatic Missions 65

100. Exemption of Central Government properties 65

100A. Exemption of properties of ex-servicemen 65

101. Exemption of holdings exclusively used forpublic worship etc 65 102. Exemption of holdings exclusively used for public charity or medical relief, or education of the poor, free of charge 66

102A. Exemption of holdings where closed or sick Industries are located 56 102B. Exemption of holdings used for Information Technology Industry and Information Technology Enabled Services qq

103. Power to reduce rates in case of excessive hardship.... 67

104. Remission on account of vacant building gy

105. Exemption of certain holdings from property tax .... 57

106. Determination of annual valuation __ Of 107; Determination of annual valuation of holdings exempted from property tax gg

108. Unit of Assessment gg C. Valuation and Assessment List

109. Periodic assessment 69

110. Preparation of valuation and assessment list yg

111. Appeal 112. [Omitted]

113. Amendment and alteration of assessment list yg

114. Addition to the assessment list 74 115. Submission of returns and inspection of holdings for the purpose of assessment yg

115A. Self-assessment and submission of return -,c ID

116. Notice of transfer yy

117. Levy of surcharge on transfer of lands yg CHAPTER XI Application fee and other taxes A. Professions, trades and callings

118. Certificate for enlistment of profession, trade and calling 78

119. Grant of certificate of enlistment 79

120. Certificate of enlistment to be obtained within six months of coming into force of the Act 80 [6] The West Bengal Municipal Act. 1993 Sections Page B. Tax on advertisements other than advertisements in newspapers

121. Prohibition of advertisement without written permission of Chairman 80 122. Licence for use of site for the purpose of advertisement 83

123. Tax on advertisements 83

124. Presumption in case of contravention 84

125. Power of Chairman in case of contravention 84

126. Fine for not paying tax on advertisements 85 C. Tax on carts and carnages

127. Registration and numbering of carts and carriages 85

128. Tax for registration 85

129. Carts or carriaaes not to be kept without being registered and without number 86

130. Seizure and sale of unregistered carts or carriages 86

131. Incidental provisions relating to carts and carriages 86

0. Tolls on ferries and bridges

132. Ferries may be declared to be municipal ferries 87

133. Duties of Chairman-in-Council in regard to municipal ferries 87

134. Rate of tolls to be established and published 88

135. Keeping of unauthorised ferry-boat 88

136. When persons crossing river not liable to toll 88

137. Cancellation of ferry lease etc. 88

138. Ferries concerning more than one Municipality etc 88

139. Power of Board of Councillors to establish toll-bars 88

140. Existing toll-bars 89

141. Prohibition of taking unauthorised tolls 89

142. Seizure and sale consequent on non-payment of toll 89

143. Prohibition as to the refusal to pay, or the avoidance of payment of. toll 89

144. Exemptions qq 145. Board of Councillors to collect tolls in a navigable channel go

146. Police-officers to assist 90 CHAPTER XII Recovery of taxes

147. Manner of recovery of taxes under the Act 90

148. Incidence of property tax 90

149. Presentation of bill 91 Contents [7] Sections P^ge

150. Amount of tax payable, and tax to be paid in advance 91

151. Notice of demand and notice fee Q"*

152. Recovery of tax

153. Distress

154. Disposal of distrained property 93

155. Attachment and sale of immovable property 93

156. Fee for distraint and attachment 94 157. Recovery from a person about to leave jurisdiction of Municipality 94 158. Sale of movable property situate beyond limits of municipal area 94

159. Recovery under Ben. Act III of 1913 95

160. Distraint not unlawful for want of form 95 161. Occupiers to pay rent towards satisfaction of property tax 95

162. Recovery of tax from unauthorised occupier of land or building 95

163. Recovery of property tax on land or building or any other tax or charge in the case of unknown owner of land or premises or disputed ownership 96

164. Taxes not invalid for defect of form 96

165. Writing off irrecoverable dues 96 PART V REGULATORY JURISDICTION CHAPTER XIII Streets and public places

166. Power to classify public and private street 97 167. Vesting of public streets, parking terminals, squares, parks and gardens in the Municipality 97 168. Power to the Municipality in respect of control of public streets, etc 97

169. Rights of way for underground utilities 98

170. Power to maintain maps of underground utilities 98 171. Power to acquire lands and buildings for public streets, public parking places and transportation terminals 98

172. Power to prescribe building line and street alignment 99 173. Restrictions on erection of, or addition to, buildings or walls within streetalignment or building-line 99

174. Power to take possession of, and add to street, land situated within street alignment or covered by projecting buildings 100 [8] The West Bengal Municipal Act. 1993 Sections Page 175. Power of setting back building to regular line of street 100 176. Power of compulsory setting back of building to regular line of street 101

177. Setting forward of building to regular line of street 101

178. Payment of compensation 102

179. Projected public streets 102

180. Power to prohibit use of public streets for certain kind of traffic 102

181. Temporary closure of public street 103

182. Closure of public street for parking purposes 103 183. Sanction of Board of Councillors to projection over streets and drains 103

184. Removal of encroachments over public streets, etc 103

185. Penalty for encroachment of street or open space 104

186. Prohibition of causing damage to street or street furniture 104 187. Board of Councillors may require owners of land to repair damage to streets, etc 105 188. Naming and numbering of streets and numbering of premises .. 105 Private Street

189. Power to require owner to upgrade private street 105

190. Power of access over private street 105

191. Power to take over private streets 106

192. New private street 106

193. Layout plans 107

194. Lighting of streets and public places and measures for I'ghting 108

195. Power to take measures for generation of electricity 109

196. Power to prohibit removal etc. of lamps 109 CHAPTER XIV Building

197. Definitions 109

198. Power of State Government to make building rules and to classify municipal areas for the purpose of application of building rules Ill 199. Power to regulate future construction of building in particular streets or localities 112

200. Power to prohibit change of authorised use of building 113

201. Licence to be obtained for use of premises for non-residential purposes 114 Contents [9] Sections Page 202. Power to prevent use of premises for specified purpose in particular area for environmental reasons 114 203. Approval of building-sites and sanction of plan for erection of buildings 114

204. Prohibition of building without sanction 115

204A. Construction of building in contravention of provisions of the Act or the rules made thereunder 115 205. Application with building plan to erect or re-erect building 116 206. Purpose for which building to be used and conditions of validity of notice 207. Sanction of building plan and permission to execute work lie 208. Sanction to be deemed to have been granted if the Board of Councillors defaults in according sanction

208A. Validity and duration of permission for erection or construction of structure or building under West Ben. Act XLI of 1973 117 209. Notice to Board of Councillors before commencement of work 117

210. Grounds on which sanction may be refused

211. Period for completion of building work ^^g

212. Completion certificate 118

213. Power in cases of buildings at corners of street^; 119

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

215. Inspection of building or work requiring sanction 119 216. Provisions of this Chapter not to apply in certain cases of additions and alterations 120 217. Power to Board of Councillors to cancel permission on th ground of material misrepresentation by applicant 218. Order for demolition or alteration of buildings in certain cases

219. Power to stop excavation 121

220. Power of Chairman to stop unauthorised construction 122

221. Power to require alteration of existing buildings ^22

222. Maintenance of buildings

223. Power to order demolition of buildings, dangerous ruinnn unfit for human habitation ' ® 123

224. Power to fix lamps, brackets, etc. to buildings ^24

225. Powers to make regulations regarding buildings.... 124 CHAPTER XIVA Preservation and Conservation of Heritage Buildings 225A to 225Q {Omitted by S. 32 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002) ' 125 [10] The West Bengal Municipal Act, 1993 Sections PART VI CIVIC SERVICES CHAPTER XV Water-supply

226. The Municipality to provide water-supply 130 227. Public tanks, sub-soil water, etc., to vest in the Municipality ... 130

228. Construction ofwater-works 130 229. Power to lay or carry pipes through public or private land 131 230. Control of constructions on land through which water-main etc. passes 131

231. Power to permit connection to houses and lands 131

232. Power to require water-supply to be taken 132

233. Water-supply through hydrants, stand-ppsts and other conveniences 132 234. Vesting of private connections to premises in the Municipality . 133

235. Owner to bear expenses of repairs of works connected with the supply of water 133 236. Permission to person outside the municipal area to take water 133 237. Power to State Government to take control over imperfect, inefficient or unsuitable water-works etc 133

238. Water not to be wasted 134 239. Power to cut off or to turn off supply of water to premises 134

240. Digging of wells etc. without permission prohibited 135 241. Power to set apart wells, tanks, etc. for drinking, culinary, bathing and washing purposes 135

242. Analysis of water for drinking or culinary purposes 136

243. Power to make rules 136

244. Power to make regulations 137 CHAPTER XVI Drainage and Sewerage

245. The Municipality to provide drainage, sewerage, etc 137

246. Public drains, trunk-sewers etc. to vest in the Municipality 137

247. Control of Board of Councillors over drainage 137

248. Cleaning ofdrains 138

249. Provision for treatment and disposal ofsewage 138

250. Construction or maintenance of drainage and sewerage systems etc 138 Contents [11] Sections Page

251. Power of Board of Councillors to lay or carry pipes through private and public land 138

252. Use of public drains by private owners 138

253. Power to order demolition of drain constructed without consent 139 254. Draining of group or block of buildings etc. by combined operation 139

255. Power to enforce drainage of undrained premises and separate drainage in any premises I39 256. Power of State Government to exercise control over imperfect, inefficient or unsuitable drainage work I39

257. Encroachment on municipal drains

258. Power to make rules

259. Power to Board of Councillors to make regulations ^4^ CHAPTER XVII Solid Wastes Functions in relation to solid wastes

260. Collection, removal and disposal of solid wastes 141

261. Provision for receptacles, depots and places for temporarv deposit ^ 141 262. Duties of owners and occupiers to collect and deposit rubbish etc ' 141

263. The Municipality to provide for cleansing of street<i . of solid wastes removal 140

264. Solid wastes to be municipal property 14P

265. Provision of vehicles or other suitable means for remn solid wastes 149

266. Removal of solid wastes accumulated on non-resident" premises 142 267. Appointment of places for disposal and final disposal of solid " wastes 143

268. Provisi9n for processing and disposal of solid wastes

269. Special sanitary arrangements at certain places 143

270. Prohibition against deposit of solid wastes

271. Presumption Bb 10 offender .J44 272. Depositing or throwing any solid waste in contravention of the provisions of this Act I44

273. Power of the Municipality to get certain places scavenged and cleansed 144 [12] The West Bengal Municipal Act, 1993 Sections Page CHAPTER XVIII Markets and slaughter houses

274. Provision of municipal markets and slaughter houses 144

275. Use of municipal markets 144

276. Levy of stallage, rent and fee 145

277. Premium, stallage, rent, etc. to be published 145

278. Private markets and slaughter houses 145

279. Power to expel person contravening regulations 145

280. Prohibition of business and trade near a market 146 281. Municipal licence specially for sale of flesh, fish or poultry 146

282. Municipal licence for hawking articles, etc 147 283. Power to inspect places where unlawful slaughter of animals, etc. is suspected 147

284. Power to seize food or drug, etc 148

285. Commercial projects etc. of a Municipality 148 CHAPTER XVIIIA Fire prevention and fire safety

285A. Arrangement for fire prevention and fire safety 148 PART VII URBAN AND REGIONAL PLANNING AND DEVELOPMENT CHAPTER XiX Urban Renewal and Regional Development A. Bustee or slum improvement 286. Power of Board of Councillors to define and alter limit of bustee or slum 149

287. Power to prepare improvement schemes 149

288. Notice for participation of owners and occupiers 149

289. Management of areas of common uses and facilities 149

290. Lay-out plan for sanction of erection of hut or structure in a bustee 150 Area Development and renewals

291. Removal of congested buildings 150

292. Power to require improvement of buildings unfit for human habitation 150

293. Area development 151

294. Matters to be provided in an area development project 151

295. Execution of an area development project 151

296. Power to acquire land or building for orderly growth 151 Contents [13] Sections Pago • C. Planning and regional development

297. Preparation of Draft Development Plan 152

298. Financial statement in regard to Draft Development Plan 153

299. Modification of Draft Development Plan 154

300. Annual Development Plan 154 301. Board of Councillors in charge of Urban Development Region... 155

302. Power to make rules 155 CHAPTER XX Municipalities in hill areas A. Special Provisions

303. Application of the Act to Municipalities in hill areas 156 S. Definitions

304. Extension of definitions of "drain" and "masonry building" 155

305. Definitions C. Roads

306. Absolute closing of public roads

307. Power to close private road 308. Power to close temporarily a road or part of a road for repairs or other public purpose ^g.^

309. Control over private roads and bridges lOf 310. Control over construction or alteration of private roads 157

311. Reconstruction etc. of private road . . 158

312. Provision for enlargement of waterway on private road 153

313. Rules as to construction etc. of private road etc. 314. Removal of materials falling upon or into road or drains I oo D. Drains 315. Control over construction or alteration of private drains 153

316. Reconstruction, rapair, etc. of private drains, gutters etc 159

317. Power to require provision of private drain

318. Private drainage in combination E. Safety of the hillside 319. Power where buildings etc. threaten the stability of other imrnovable property 159

320. Power where hillside or bank threatens the safety of buildings 160

321. Power to require revetting, turfing or sloping..." 160

322. Power to execute work in combination 161 [14] The West Bengal Municipal Act, 1993 Sections Page 323. Power to execute works where public road, drain, revetment or retaining-wall is affected 161

324. Rules as to revetting, turfing and sloping 161 F. Control over occupation of buildings 325. Power to prohibit occupation of unsafe or insanitary building .... 161 G. Regulation

326. Additional power to Board of Councillors in hill areas to make regulations 161 PART VIII COMMUNITY HEALTH CHAPTER XXI Public Safety and Nuisances

327. Precautions in case of dangerous structures 163

328. Precautions in case of dangerous trees 163 329. Precautions in case of dangerous tanks, wells, holes, etc I63

330. Power to stop dangerous quarrying ''64

331. Precautions against fire

332. Prohibition of construction of weils, tanks, e c. 'permission of Board of Councillors 164

333. Prevention of mosquito-breeding

334. Regulation or prohibition of certain practices relating to cultivation 166

335. Cleansing of insanitanr private tank or weii used for drinking purposes 167

336. Duty of the Chairnian-in-Council in respect of public well or stagnant water 167

337. Prohibition against or regulation of, washing animals or clothes or fishing in public water courses, tanks, etc 167

338. Provision of public toilets and wash-houses 167

339. Provisicjn against washing by washerman at unauthorised places ^ 107

340. Prohibition against defiling of water of public and private tanks and uses, and throwing of plastic in the public streets and tanks, whettier private or public 168

341. Unoccupied buildings or lands 168

342. Abatement of overcrowding in dwelling house or dwelling place 168

343. Prohibition against feeding certain animal on filth 169 Contents [15] Sections Page 344. Premises not to be used for keeping animals, birds, etc. without licence 169

345. Seizure of certain animals or birds 169

346. Power to deal with infected dogs or animals 170

347. Power to stop nuisances from animals within premises 170

346. Control and removal of khatals 170

349. Power to require repair, alteration, removal or conversion of latrines etc 170

350. Power to abate nuisances caused by pollution 171 CHAPTER XXII Restraint of infection 351. Board of Councillors to take measures for prevention and checking of dangerous diseases 171

352. Obligation to give information of dangerous disease 171 353. Power of Chairman to cause inspection of a place and take measures to prevent spread of dangerous disease 171 354. Power of Chairman to cause disinfection of building, tank, pool or well 171 355. Power of Chairman to destroy infectious buildings, structures, huts or sheds 172

356. Power of Chairman to close lodging and eating houses 172 357. Power of Chairman to restrict or prohibit sale of fish, flesh. drink, articles, etc 172

358. Control over well and tanks, etc 173

359. Special measures in case of outbreak of dangerous or ©pidemic diseases 173

360. Disposal of infectious corpses 173 361. Prohibition of making or selling of food etc. or washing of clothes by infected persons 174

362. Duty of persons suffering from dangerous disease 174 CHAPTER XXIIi Vital Statistics

363. Registration of births and deaths 174

364. Information of births 174

365. Information respecting finding of new-born child 175

366. Information regarding death 175

367. Medical practitioner to certify cause of death 176

368. Duties of police in regard to unclaimed corpses 176

369. Sextons, etc., not to bury, etc., corpse 176 [16] The West Bengal Municipal Act, 1993 Sections Page CHAPTER XXIV Disposal of the Dead

370. Registration of places for disposal of the dead 176 371. Provision for, and registration of, new places for disposal of the dead 177 372. Permission for opening new place for disposal of the dead or reopening of place 177

373. Power to require closing of burning and burial grounds 177

374. Power to direct reopening of any place closed for the disposal of the dead 178

375. Prohibitions regarding burials within places of worship and exhumation 178

376. Acts prohibited in connection with disposal of dead 178

377. Disposal ofdead animsis 179 PART IX OTHER AUTHORITIES CHAPTER XXV Notified Area

378. Constitution of notified area 180

379. Application of provisions relating to Municipality to Notified Area Authority 180 380. 181

381. Declaration of notified area as municipal area 181

382. Consequences of constitution of notified area to be municipal area 181 383. [Omitted] 182

384. Special provision relatina to non-municipal urban area 182

385. Power to make rules 182 CHAPTER XXVA Industrial Township

85A. Constitution of industrial township 183

3858. Application of the Act and the rules made thereunder 183

385C. Consequences of application of the Act to an industrial township ^04

385D. Abolition or alteration of an industrial township 184

385E. Consequences of abolition or alteration of an industrial township .,04

385F. Officers and other employees 184

385G. Power to make rules 184 Contents [17] Sections PART X POWERS, PROCEDURES, PENALTIES AND SAVINGS CHAPTER XXVI Procedure A. Licences and written permissions 386. Signature, conditions, duration, suspension, revocation, etc. of licences and written permissions 185 B. Entry and inspection

387. Powers of entry and inspection 186 388. Power to enter land or adjoining land in relation to any work 186

389. Breaking into building 186

390. Time of making entry 187

391. Notice for entry 187 C. Public notices and advertisements

392. Public notices how to be made known ^8y D. Evidence 393. Proof of consent etc. of Board of Councillors or any officer of the Municipality I87 E. Notices, etc.

394. Notices etc. to fix reasonable time 188

395. Signature on notices etc. to be stamped 188

396. Notice etc. by whom to be served or issued 188

397. Service of notices etc 188 F. Enforcement of orders to execute work etc. 398. Time for complying with requisition or order, and power of Board of Councillors to enforce requisition or order in default 189

399. Submission of objections to comply with notice 190 G. Recovery of expenses

400. Power of Board of Councillors to enter into agreement for payment of expenses in instalments 190

401. Execution of work by occupier on the failure of owner 191

402. Relief to receivers, agents and trustees 191 H. Payment of Compensation

403. General power of Municipality to pay compensation 191

404. Compensation to be paid for damage to property of Municipality 191

405. Recovery of certain dues of Municipality 191 [18] The West Bengal Municipal Act. 1993 Sections Page I. Legal Proceedings

406. Power to institute etc. legal proceedings and obtain legal advice 192

407. Notice, limitation and tender of relief in suits against Board of Councillors etc 192

408. Indemnity 193 J. Power and duties of Police-Offlcers

409. Co-operation of the police 193

410. Power of police to arrest offenders 194 K. General Provisions

411. Validity of notices and other documents 194

412. Admissibility of document or entry as evidence ^94

413. Evidence of officer or other employee of Municipality 194

414. Prohibition against removal of mark I95

415. Prohibition against removal or obliteration of notice .|gg 416. Prohibition against unauthorised intermeddling with property of the Municipality *^95 CHAPTER XXVII Rules and Regulations

417. Power to make rules 195

418. Power to amend Schedule 196

419. Power to make regulations 196 420. Regulations to be subject to approval of State Government igg 421. Power of State Government to cancel or modify regulations 196

422. Penalty for breach of rules or regulations ^97 423. Rules and regulations to be available for inspection and purchase I97

424. Doubts as to powers, duties or functions of municipal authorities ' 197 CHAPTER XXVIIl Delegation, Co-operation and Control

425. Delegation of power by the State Government 198

426. Supervision by Director of Local Bodies 198 427. Power of State Government to call for documents, returns or information from Chairman or any officer of Municipality 199 428. Inspection of municipal works and institutions by Government officers <199

429. Power to suspend actic>t> under ihe Act 199 Contents [19] Sections Page 429A. [Omitted] 199

429B. Directions by the State Government 200

430. Powers of State Government in case of default 200

431. Power of the State Government to intervene in case of gross neglect or serious irregularity 200 431 A. Special provision in the case of prohibitory order from court 201

432. Co-ordination for purposes of planning and development 201

433. Civic participation 202

433A. Member, officers, and employees to be public servants 202 433B. State Government to place officers and employees at the disposal of Municipalities 202

434. Services of Municipal Engineering Directorate 202 435. Training and Research Programmes of Institute of Local Government and Urban Studies 203

435A. Financial and technical help by Gorkhaland Territorial Administration 203 436. [Omitted] 203

437. Withdrawal of sections extended by State Government 203

438. Disputes 203

439. Savings as to certain suits and proceedings 204

440. Penalties and punishments 204

441. Repeal and saving 204

442. Removal of difficulties 205 SCHEDULE I Professions, trades and callings 206 SCHEDULE II Purposes for which premises may not be used without a licence or written permission 206 SCHEDULE III Parts of plant or of combination of plant and machinery in certain cases not be excluded in calculating the annual value of any land or building 212 SCHEDULE IV Penalties 215 List of Amending Acts

1. The West Bengal Municipal Amendment Act, 1994 (West Bengal Act XXX of1994) (w.e.f. 13.7.1994).

2. The West Bengal Municipal (Second Amendment) Act, 1994 (West Bengal Act XLV of 1994) (w.e.f. 10.10.1994).

3. The West Bengal Municipal (Amendment) Act, 1995 (West Bengal Act Xlll of 1995) (w.e.f. 5.9.1995/w.r.e.T 13.7.1994).

4. The West Bengal Municipal (Amendment) Act, 1997 (West Bengal Act XXXII of 1997) (w.e.f. 18.3.1998).

5. The West Bengal Municipal (Amendment) Act, 2000 (West Bengal Act XXII of 2000) (w.e.f. 1.9.2000).

6. The West Bengal Municipal (Amendment) Act, 2002 (West Bengal Act XVI of 2002) (w.e.f. 2.9.2002).

7. The West Bengal Municipal (Amendment) Act, 2003 (West Bengal Act XIII of 2003) (w.e.f. 1.10.2003).

8. The West Bengal Municipal (Amendment) Act, 2004 (West Bengal Act of 2004) (w.e.f. 15.9.2004). ^ Municipal (Amendment) Act, 2006 (West Bengal Act ^11 of2006) (w.e.f. 1.10.2006).

10. The West Benaal Valuation Board (Amendment) Act, 2007 (w.e.f. 1.10.2007)

11. The West Bengal Municipal (Second Amendment) Act, 2006 (West Bengal Act XXVlll of 2006) (w.e.f. 1.12.2008). Municipal (Amendment) Act, 2009 (West Bengal Act 13 ThVI ofJoo?^^^^*®' ^1-6-2009). ^®'^9al Municipal (Aijiendment) Act, 2011 (West Bengal Act 14 Th 30.8.2011). ®®"9al Municipal (Second Amendment) Act, 2011 (West ®ngal ActXVlof2oii) (w.e.f. 1.3.2012). ®®"9al(w.e.f. Act VIII of 2013) Municipal (Amendment) Act, 2013 (West Bengal 15.5.2013). ^^*^931 Municipal (Amendment) Act, 2015 (West Bengal ActXlof2015)(w.6.f. 4.5.2015).

17. The West Bengal Municipal (Second Amendment) Act, 2015 (West Bengal Act XVlii of 2016) (w.e.f. 1.8.2015).

18. The West Bengal Municipal (Third Amendment) Act, 2015 (West Bengal Act XIX of 2015) (w.e.f. 1.8.2015). [20] The West Bengal Municipal Act, 1993 [West Ben. Act XXII of 1993 ] Notification No. 984-L., dated 31st May, 1994*.—The following Act of the West Bengal Legislature, having been assented to bythe President of India, Is hereby published for general information : [Assent of the President of India was first published In the Calcutta Gazette, Extraordinary, of the 31st May, 1994.] An Act to consolidate and amend the law relating to urban municipal affairs in West Bengal. Whereas It Is expedient to consolidate and amend the law relating to urban municipal affairs In West Bengal; It Is hereby enacted In the Forty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows: PARTI CHAPTER 1 Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the West Bengal Municipal Act, 1993. (2) It extends to the whole of West Bengal, except Calcutta as defined in clause (9) of section 2 of the Calcutta Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980) and Howrah as defined In clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980 (West Ben. Act LVIII of 1980), and such other area as may constitute the territorial jurisdiction of a municipal corporation established by any law for the time being in force. (3) It shall come into force on such date as the State Government may, by notification, appoint.'• (4) Notwithstanding anything contained in sub-section (2), it shall not take effect in any cantonment or part of a cantonment without the consent of the Central Government previously obtained. (5) Notwithstanding anything contained in sub-section (2), the provisions of this Act shall apply to the district of Darjeeling or any part thereof subject to such exception and modifications as the State Government may, by notification, direct; Published in the Calcutta Gazette, Extraordinary, Part III, dated 31.5.1994. This Act came into force from 13th day ofJuly. 1994 by thefollowing Notification published in the Calcutta Gazette. Extraordinary, dated 13.7.1994; "Notification No. 393/C-4/MiA-5/91 Pt. 1, — Dated : 13.7.1994. In exercise of the power conferred by sub-section (3) of section I of the West Bengal Muncipal Act, 1993 (West Ben. Act XXXII of 1993), the Governor is pleased hereby to appoint the 13th day of July. 1994, as the date on which the said Act shall come into force.". The West Bengal Municipal Act. 1993 [Ss. 1-2 shall be construed to affect the powers ToJt • Administration emtonal f Administration Act, 2011 (West Ben.constituted Act XX ofunder the Gorkhaland 2011)]. subject S^cont0rt^*"~'" there is anything repugnant in the ^®V6'opment Plan" means the Annual Development Plan 3r4 P'^®P3' ed under section 300;] moans annual value, and includes determination of 2rriRU -A W ® so requires;] anu "^ssns an Auditor appointed under section 86, and includes an Auditor authorised on A° by him to perform all or any of the functions of under this Act; (2) ^bridge" includes aculvert; whatc'"^ "leans astructure constructed for whatsoever purpose or of roof "^eterials, and includes the foundation, plinth, wall, floor, oroart platform, verandah, balcony, cornice, or projection bound ° ^°^llding or anything affixed thereto or any wall (other than intend^d^f^^" s" three metres in height) enclosing or dope nnf • any land, sign or outdoor display structure, but -hiiiiw (4) "build' « — e tent, samiana or tarpaulin shelter; (5) abuttino o"^^s^' neans 6et orthea projected line up lo public wnicn street ine mam maywan or a uunuma lawfully extend; purposes"^ containing land occupied by, or for the •"tended intendoH*to ube usedcollection for humanofhabitation; huts or other structures used or 3rea is'or question arises as to whether any particular Question ®"bustee", the Board of Councillors shall decide the (6) "bye-ia^ <^ec\s\on shall be final; teis Act* ® ofregulations made by the municipality under (7) carriage" mea ances actinq wheeled vehicle, with springs or other appli- Pfiings or ^Pnngs, which is used for the conveyance of human a®ycl6-rickshaw tricycle or a ' includesinclude a jin-rickshaw, a van-rickshaw a motor vehicle and or or a bicycle a conveyancp -|P®'^®nibulator or other form of vehicle designed for the (8) springs,-"eans whichan!"" i t^^ckery or wheeled vehicle with or without section, and in f ^carriage or a motor vehicle as defined in this ~T777 Subs, by S. 2ofthe wThTr a handcart, but does not include the trailer of a 15.5.2013, for "the Counciu'^'P®' (Amendment) Act, 2013 (W.B. Act VIII of 2013). w.e.f. Daijeeling Gorkha Hill Coun m areas under sub-section (1) of section 31 of the Ins. by the W.B. Municinai, (^®st Ben. Act XIII of1988)". 183.1998. (Amendment) Act, 1997 (W.B. Act XXXII of 1997), w.e.f. 3.

4. 'iTSr ythe ' (Amendment)Act, r,18.3.1998. West Bengal 1995 (W.B. Act XIII of 1995), w.e f 5.9.1995. S. 2] The West Bengal Municipal Act, 1993 3 motor vehicle, a bicycle or a tricycle or a perambulator or other form of vehicle designed for the conveyance of small children; (9) "Chairman" means the Chairman elected under section 17; (10) "connected-privy" means a privy which is directly connected with a sewer; "•[IDA) "corporate section" means a financial institution, Explanation.—"Financial institution" shall mean — (a) a bank to vyhich the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 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 com pany), as defined in the Companies Act, 1956 (1 of 1956), not being a public financial institution within the meaning of section 4A of that Act, or (of) a co-operative society, by whatever name called, registered or deemed to have been registered under the West Bengal Co operative Societies Act, 1983 (West Ben. Act 45 of 1983);] 2[(11) ***] 3[(11A) "Councillor" in relation to Municipality means a person chosen by direct election from a ward of the Municipality;] (12) "cubical extent", with reference to the measurement of a building, means the space contained within the external surfaces of its wall and roof and the upper surface of the floor of its lowest or only storey; (13) "dairy" includes any farm, cattle-shed, cow-house, milk-store, milk- shop or other place — (a) from which milk is supplied on, or for sale, or (b) in which milk is kept for the purposes of sale or used for manufacture or preparation for sale of — (/) butter, or (//) ghee, or (///) cheese, or (/V) 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 1. Ins. by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998.

2. Sub-Clause (11) omitted by s. 3(/) oftheW.B. Municipal (Amendment) Act. 2013 (W.B. Act VIII of 2013), w.e.f. 15.5.2013, which was earlier as follows* '(11) "Council" means the Darjeeling Gorkha Hill Council constituted underthe Darjeeling Gorkha Hill Council Act, 1988;'.

3. Ins. by the W.B. Act XIII of 1995, w.e.f. 5.9.1995. The West Bengal Municipal Act. 1993 [S. 2 {b) a shop or other place from which milk is sold or supplied in tiermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place; (14) "dairyman" includes any occupier of a dairy, or any cowkeeper who trades in milk, or any wholesale or retail seller of milk; (15) "dangerous disease" means— (a) cholera, plague, small-pox, cerebro-spinal meningitis, diptheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis and syphilis; and [b) any other epidemic, endemic, or infectious disease, which the State Government may, by notification, declare to be a dangerous ^ ^ disease for the purposes of this Act; l(15A) "District Magistrate" means the District Magistrate referred to in sub section (1) of section 20 of the Code of Criminal Procedure. 1973 (2 of 1974);! 1(158) "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 (West Ben. Act 20 of 1994), includes the Siliguri Sub-Division Planning Committee; ) Draft Development Plan" means the Draft Development Plan prepared under section 297;] (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 evice for carrying off sullage, sewage, offensive matter, polluted water, rain-water or subsoil water; g means any substance used as medicine or in the composition r preparation of medicines, whether for internal or external use, but of the>"n 3 drug within the meaning of clause (b) of section 3 08) "dwetr Cosmetics Act, 1940 (23 of 1940); adapted^to "fieans a masonry building constructed, used or 09) "electoral ir wholly or principally for human habitation; bv m electoral roll prepared, revised or corrected (20) "food" includ ^ ^'action Commission; drugs or wat^^ article used for food or drink by man, other than in the compo article which ordinarily e.iters into or is used confectionerv preparation of human food, and also includes condiments- ^'®^ouring and colouring matters, spices and (21) "footpath" or "fn pedestrians- °^ay" means pavement at the side of road for

1. Ins. by the West Bengai^lir^ w.e.f. 10.10.1994. ""'cipai (Second Amendment) Act. 1994(W.B. ActXLV of 1994).

2. Ins. by the W.B. Act )00(|| of iqq,

3. Words and figures "under secjin 18-3.1998. 10.10.1994 omitted by the W.B. Act XLV of 1994. w.e.f. S. 2] The West Bengal Municipal Act, 1993 5 "I [(21 A) "Gorkhaland Territorial Administration" means the Gorkhaland Territorial Administration constituted under the Gorkhaland Territorial Administration Act, 2011;] (22) "habitable room" means a room constructed or adapted for human habitation; 2[(22A) "heritage building or site" means any building ofone or more premises, or any part thereof, or any monument, or any precinct, or any site, which requires preservation and conservation for historical, architectural, environmental or cultural purpose, and includes such portion of the land adjoining such building or any part thereof as may be required for fencing or covering or otherwise preserving such building, and also includes the areas and buildings requiring preservation and conservation for the purpose as aforesaid under sub- clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben.. Act XIII of 1979); (22B) "Heritage Conservation Committee" means the Heritage Conservation Committee constituted under sub-section (1) of section 225D;] 3[(23) "hill areas" means the areas within the region as specified in clause (O) of section 2 of the Gorkhaland Territorial Administration Act, 2011;] (24) "holding" means land held under one title or agreement and surrounded by one set of boundaries; Provided that where two or more adjoining holdings 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 purpose of this Act. Explanation.—Holdings separated by a street or other means of communication shall be deemed to be adjoining within the meaning of this proviso; (25) "house-drain" means any drain of one or more premises used for the drainage of such premises; (26) "house-gully" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter to municipal employees or to persons employed in the cleansing thereof or in the removal of such matter therefrom, and includes the air space above such passage or land;

1. Ins. by s. 3(/7)of the W.B. Municipal (Amendment) Act, 2013 (W.B. Act VIII of 2013), w.e.f. 15.5.2013.

2. Ins. by the West Bengal Municipal (Amendment) Act, 2000 (W.B.Act XXII of 2000), w.e.f. 1.9.2000, {Vide Notifn. No. 646/MA/0/C-4/1A-8/98, dated 30.8.2000).

3. Subs, by s. 3(//7) of the W.B. Municipal (Amendment) Act, 2013 (W.B. Act VIII of 2013), w.e.f. 15.5.2013, which was earlier as follows : '(23) "hill areas" has the same meaning as in the Darjeeling Gorkha HillCouncil Act, 1988 (West Ben. Act XIII of 1988);". 6 The West Bengal Municipal Act, 1993 [S. 2 "•peA) "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 it.—^"Urban household" shall mean a household within an urban area as defined in the West Bengal District Planning Committee Act, 1994. (£)) a business undertaking, whether proprietorship or partnership, not being a body corporate as defined in the Companies Act, 1956, (1 of 1956) or (c) a trust for a public purpose of a charitable nature within the meaning of Charitable and Religious Trusts Act, 1920 (14 of 1920);] (27) "hut" means any building, no substantial part of which excluding the walls up to a height of fifty centimetres above the floor or floor level is constructed of masonry, reinforced concrete, steel, iron or other metal; ^[(27A) "industrial township" means such urban area ^[or any other area] or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township;] (28) "infectious disease" or "communicable disease" means any disease which may be transmitted from one person to another and declared as such by the State Government by notification; (29) "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 therein or that it is used as^a living room; (30) "land" includes benefits arising out of land, and things attached to the earth; (31) "market" includes any place, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, live stock, or any other article of food of a perishable nature, or cihy other article for which there is a collection of shops or warehouses or stalls, declared and licensed by the Municipality as a market; (32) "masonry building" means any building other than a hut, and includes any structure, a substantial part of which is made of mansory, r^forced concrete, steel, iron or other metal; 1. Ins. by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998. 2 Ins. by the W.B. Act XXX of 1994, w.e.f. 13.7.1994.

3. Ins. by s. 2 ofthe West Bengal Municipal (Amendment) Act. 2004 (W.B. Act VIII of 2004), w.e.f. 15.9.2004. S. 2] The West Bengal Municipal Act, 1993 7 ''[(32A) "member" in relation to Municipality, means a Councillor or a person nominated under clause (b) of sub-section (1) of section 13]; (33) "milk" includes cream, skimmed milk, separated milk and condensed, sterilized, desiccated or toned milk; (34) all drugs or articles of food which enter into the composition of food, the package or mark or label of which bears any statement, design or device regarding such drugs or articles of food or the ingredients or substances contained therein as may be false or may mislead in any particular, shall be deemed to be "misbranded" and a drug or an article of food shall also be deemed to be misbranded if it is offered for sale under the name of another drug or article of food; 2[(35) "municipal area" means an area constituted as a municipal area under section 6;] (36) "municipal drain" means a drain vested in the Municipality; (37) "municipal market" means a market belonging to or maintained bythe Municipality; (38) "municipal slaughter house" means a slaughter house belonging to or maintained by the Municipality; 3[(38A) "Municipality" means a Municipal Council for a smaller urban area as defined in Article 243Q of the Constitution of India;] (39) "new building" means and includes— (a) any building constructed or in the process of construction after the commencement of this Act, {b) any building which, having collapsed or having been demolished or burnt down for more than one-half of its cubical extent, is reconstructed wholly or partially after the commencement of this Act, whether the dimensions of the reconstructed building are the same as those of the original building or not, (c) any hut which is converted into a masonry building after the commencement of this Act, and (cf) any building not originally constructed for human habitation which is converted into a place for human habitation after the com mencement of this Act, Explanation.—S\jb-c\ause (b) applies where more than one- half of the cubical extent of any building has collapsed or been demolished or burnt down at the same time or at different times; (40) "notification" means a notification published in the Official Gazette] (41) "notified area" means an area constituted as a notified area under section 378;

1. Ins. by the W.B. Act XXX of 1994, w.e.f. 13.7.1994. 2. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995, for "(35) "municipal area" means any place in which this Act or any part thereof is in force;".

3. Ins. by the W.B. Act XXX of 1994, w.e.f. 13.7.1994. 8 The West Bengal Municipal Act. 1993 [S. 2 ' K41A) "Notified Area Authority" for a notified area means a Nagar Panchayat for a transitional area, that is to say, an area in transition from a rural .area to an urban area as defined in Article 243Q of the Constitution of India;] (42) "nuisance" includes any act, omission, place 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; (43) "occupier" Includes any person for the time being paying or liable to pay to the owner the rent or fee or contractual payment of adjustment of rent or fee or any portion thereof or damages on account of the occupation of any land or building, and also Includes a rent-free tenant: Provided that an owner living In or otherwise using his own land or building shall be deemed to be the occupier thereof; (44) "offensive matter" means kitchen or stable refuse, dung, dirt, putrid or putrefying substance and filth of any kind which Is not Included In "sewage"; ^[(44A) "office bearer" means the Chairman, the VIce-Chalrman, or a member of the Chalrman-ln-Councll;] (45) "owner" Includes the person for the time being receiving the rent of any land or building or of any part of any land or building, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver who would receive such rent If the land or building or any part of the land or building were let to a tenant; (46) "premises" means any land or building or part of a building or any hut or part of a hut, and Includes — (a) the garden, ground and out-houses. If any, appertaining thereto; and (5) any fittings or fixtures affixed to a building or part of a building or hut or part of a hut for the more beneficial enjoyment thereof; (47) "prescribed" means prescribed by rules made under this Act; (48) "private drain" means any drain which Is not a municipal drain as defined in this section; (49) "private street" means any street, road, lane, gully, alley, passage or square which is not a public street as defined In this section, and Includes any passage securing access to three or more premises belonging to the same or different owners; [(49A) Property tax" means a rate assessed, on building or buildings, or on lands or on both, and includes surcharge levied on property tax under this Act;]

1. Ins. by the W.B. Act XIII of 1995, w.r.e.f. 13.7.1994.

2. Ins. by the W.B. Municipal (Amendment) Act, 2000 (W. B. Act XXII of2000). w.e.f. 1.9.2000.

3. Ins. by the s. 2 of W.B. Municipal (Amendment) Act, 2002 (W.B. Act XVI of 2002) w.e.f. 2.9.2002. S. 2] The West Bengal Municipal Act, 1993 9 (50) "public building" means a 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, nursing home, maternity home, factory, work house, public theatre, public cinema, public hall, public concert-room, public lecture-room, public library or public exhibition-room or as a public place of assembly, or (b) as a hotel, eating-house, lodging-house, home, hostel, refuge or shelter, or (c) for any other public purpose; (51) "public street" means any street, road, lane, gully, alley, passage, pathway, square or courtyard, whether a thoroughfare or not, over which the public have a right of way, and includes — (a) the access or approach to a public ferry, (b) the roadway over any public bridge or causeway, (c) the footway attached to any such street, public bridge or cause way. (d) the passage connecting two public streets, and (e) the drains attached to any such street, public bridge or cause way, and, where there is no drain attached to any such street, shall be deemed to include also, unless the contrary is shown, all land up to the boundary wall, ail, hedge or pillar of the premises, if any, abutting on the street, or if a street alignment has been fixed, then up to such alignment; (52) one-third of the total number of Councillors holding office for the time being shall be a "quorum" for a meeting; (53) "ratepayer" means a person liable to pay any rate, tax or fee under this Act; ''[(53A) "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;] (54) "registered medical practitioner" means a medical practitioner regis tered under the Bengal Medical Act, 1914 (Ben. Act VI of 1914); (55) "rubbish" means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not offensive matter; (56) "rules" means the rules made by the State Government under this Act; (57) "service privy" means a fixed privy which is cleansed by hand daily or periodically, but does not include a movable commode;

1. Ins. by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998. 10 The West Bengal Municipal Act, 1993 [S. 2 (58) "sewage" means night-soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds; (59) "slaughterhouse" means any place used for the slaughter of cattle, sheep, goats, kids or pigs, or hens, fowls, chicken, ducks, turkeys or any other eatable birds for the purpose of selling the flesh thereof as meat; ''[(60) "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 (West Ben. Act VIII of 1994);] 2['(60A) "State Government" means the Government of the State of West Bengal in the Department of Municipal Affairs;'.] (61) "streef means a public or private street; (62) "street alignment" means the line dividing the land comprised in, and forming part of, a street from the adjoining land; 3[(62A) "Sub-divisional Magistrate" means the Sub-divisional Magistrate re ferred to in sub-section (4) of section 20 of the Code of criminal Procedure, 1973;] ^[(62M) "Urban Development Sub-Committee" means the Urban Sub-Committee constituted under sub-section (4) of section West Bengal District Planning Committee Act, 1994;] 5[6[(62B)] "ward" means an administrative division of a Municipality.! (63) "watercourse" includes any river, stream or channel, whether natural or artificial; 7[(64) "ye^' means afinancial year beginning on the first day of Apni and endmg on the thirty-first day of March of the following year.]

1. Subs, by the W.B. Act XXX of 1994, w.e.f. 13.7.1994 for "(60) 'State Election Commission' means theState Election Commission constituted inthe manner referred to in sub-section (1) of section 28;".

2. Ins. by s. 2 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002.

3. Ins. by the W.B. Act XLV of 1994, w.e.f. 10.10.1994.

4. Ins. by the W.B. Act XXXII of 1997, w.e.f. 16.3.1998.

5. Re-numbered as clause (62B) by the Act XLV of 1994, w.e.f. 10.10.1994.

6. Ins. by the W.B. Act XXX of 1994, w.e.f. 13.7.1994.

7. Subs, bys. 2 of the W.B. Municipal (Amendment) Act, 2006 (W.B. Act XXII of 2006) w.e.f. 1.10.2006, for "(64) "year" means a financial year beginning on the first day of April.". PART II THE MUNICIPAL AREAS CHAPTER II The Constitution of Municipal Areas

3. Declaration of intention to constitute a municipal area.—Whenever it appears to the '•[Governor] that any town, together with, or exclusive of, any railway station, village, land or building in the vicinity of any such town — (/) contains a population of not less than ^[so.OOO] inhabitants, (//) has.a density of population of not less than seven hundred and fifty inhabitants per square kilometre of area, and {Hi) has an occupational pattern in which more than one-half of the adult population are chiefly engaged in pursuits other than agriculture, and if the '•[Governor] is statisfied that if such town is constituted a municipal area, the municipal income from taxation and other sources is likely to be adequate for the discharge of municipal function under this Act, the '•[Governor] may, by notification, declare ^[his] intention to constitute such town a municipal area under this Act: ^[Provided that notwithstanding anything contained in clauses (i) to (iii) of this section, the State Government may, by notification, determine separate conditions to constitute any area of the hill areas a municipal area.]

4. Publication of declaration.—(1) The notification about the constitution of a municipal area shall be published in the Official Gazette and in at least two leading newspapers, one of which shall be in vernacular intelligible to the inhabitants of the local area concerned. (2) A copy of the notification shall also be pasted up in a conspicuous place in the office of the District Magistrate, and in such other public places as the State Government may direct. (3) A public proclamation about the constitution of a municipal area shall be made either by beating of drum throughout the local area concerned or through any other publicity media.

5. Consideration of objection.—Any inhabitant of the town or local area in respect of which the notification has been published under section 4 may, if he objects to anything contained in the notification, submit his objection in writing to the State Government within ^[thirty days] from the date of publication in the Official Gazette, and the State Government shall take his objection into consideration.

6. Constitution of municipal area.—On the expiry of ^[thirty days] from the date of publication of the notification in the Official Gazette and after 1. Subs, by the W.B. Act XXX of 1994, w.e.f. 13.7.1994. for "State Government".

2. Subs, by s. 3 of the West Bengal Municipal (Amendment) Act, 2002 (W.B. Act XVI of 2002), w.e.f. 15.9.2004, for "20,000".

3. Subs, by W.B. Act XXX of 1994, w.e.f. 13.7.1994, for "its".

4. Proviso added by the W.B. Act XIII of 1995, w.e.f. 5.9.1995.

5. Subs, by s. 2 of the West Bengal Municipal (Amendment) Act, 2015 (W.B. Act XI of2015), w.e.f. 4.5.2015, for "three months".

6. Subs, by s. 3, ibid, w.e.f. 4.5.2015, for "three months". 11 12 The West Bengal Municipal Act. 1993 [Ss. 6-8 consideration of all or any of the objections which may be submitted, the ^[Governor] may, by notification, constitute such town or any specified part thereof a municipal area 2[with a specific nomenclature] under this Act. ^[Provided thatthe Governor may change the nomenclature of a municipal area under this section : Provided further that for change of nomenclature of a municipal area the provisions of section 4 and section 5 shall mutatis mutandis be followed.]

7. Power to classify municipal areas.—The State Government may, for the purpose of application of the provisions of this Act, classify the municipal areas into the following groups on the basis of the population as ascertained at the last preceding census of which the relevant figures have been published : Group A — municipal areas having population above "^[2.15,000]. Group B — municipal areas having population above ®ri .70,0001 but not exceeding ®[2,15,000]. Group C — municipal areas having population above ^[85.000] but not exceeding ®[1,70,000]. Group D — municipal areas having population above ^fSS.OOO] but not exceeding ''0[85,000]. Group E — municipal areas having population not exceeding [35,000]: i2[Provided that for the purpose of classification of municipal areas of the hill areas, the State Government may, by notification, determine separate size of population for each such Group.] 8. i3[Power to determine the number of wards in municipal areas].— The State Government may, by notification i^[determine the number of wards in any municipal area], having regard to population, dwelling pattern, geographi cal condition and economic considerations of the area included in each ward: Provided that the number of wards in any municipal area shall not be less than nine and shall not exceed, in the case of a municipal area included in Group A, thirty-five, in the case of a municipal area included in Group B, thirty, in the case of a municipal area included in Group 0, twenty-five, in the case

1. Subs, by the W.B. Act XXX of 1994, w.e.f. 13.7.1994. for "State Government".

2. Ins. by s. 4(a)oftheW.B. Municipal (Amendment) Act, 2013 (W.B. Act VIII of 2013), we f. 15.5.2013.

3. Proviso added by s. 4(6). ibid, w.e.f. 15.5.2013.

4. Subs, by s. 4 ofthe West Bengal Municipal (Amendment) Act. 2002 (W.B. Act XVI of 2002), w.e.f. 15.9.2004 for "2,00,000".

5. Subs, by ibid, w.e.f. 15.9.2004 for "1,50,000".

6. Subs. by«/6/d. w.e.f. 15.9.2004 for "2.00.000".

7. Subs, by ibid, w.e.f. 15.9.2004 for "75,000".

8. Subs, by ibid, w.e.f. 15.9.2004 for "1,50.000".

9. Subs, by ibid, w.e.f. 15.9.2004 for "25 000".

10. Subs, by ibid, w.e.f. 15.9.2004 for "75,000".

11. Subs, by ibid, w.e.f. 15.9.2004 for "25,000".

12. Proviso added by the W.B. Act XIII of 1995. w.e.f. 5.9.1995.

13. Subs, by the W.B. Act XXX of 1994, w.e.f. 13.7.1994, for "Power to divide municipal areas into wards".

14. Subs, by ibid, w.e.f. 13.7.1994, for "divide any municipal area into a number of wards". Ss. 8-10] The West Bengal Municipal Act, 1993 13 of a municipal area included in Group D, twenty, and in the case of a municipal area included in Group E, fifteen : [Provided further that the State Government may, by notification, deter mine the number of wards in the municipal area of a Municipality in such phases as the Government may deem fit.]

9. Power to abolish or after limits of a municipal area.—The State Government may. by notification. — (a) withdraw any municipal area from the operation of this Act; or (b) exclude from a municipal area, any local area comprised therein and defined in the notification; or (c) include within a municipal area any local area contiguous to the same and defined in the notification; or (d) divide any municipal area into two or more municipal areas; or (e) unite two or more municipal areas so as to form one municipal area; or {f) revise the boundary of two or more contiguous municipal areas; or (g) re-define the boundaries or limits of a municipal area; or 2[(/7) *** ] Provided that the procedure laid down for the constitution of a municipal area under this Act shall be followed mutatis mutandis in each such case: Provided further that the views of the Municipality affected by any such order ^[expressed in writing within the time stipulated in such order,] shall be taken into consideration before a final declaration is made. '^[Provided also that no such notification shall be issued — (/) under any of the clauses (a) to (g) in respect of the municipal area which complies with the provisions of clauses (ii) and (iii) of section 3, except after taking into consideration the views of the Board of Councillors concerned ^[if such views is expressed in writing within the period as stipulated in the notification expressing intention of the Governor to act under clauses (a) to (g)]; (//) under clause (c), unless the State Government is satisfied that the local area complies with the provisions of clauses (ii) and (iii) of section 3; (///) where any part of the municipal area or the local area is a cantonment or part of a cantonment, as defined in the Cantonments Act, 1924 (2 of 1924).]

10. Power to include certain dwelling house, manufactory, etc. within a particular municipal area.—Where a dwelling-house, manufactory, 1. Ins. by the W.B. Act XLV of 1994, w.e.f. 10.10.1994.

2. Omitted by the W.B. Act XXX of 1994, w.e.f. 13.7.1994, which stood as under: "(h) revise the number of boundaries of wards comprised in a municipal area".

3. Ins. by s. 3(1) of the W.B. Municipal (Amendment) Act, 2006, (W.B. Act XXII of 2006), w.e.f. 1.10.2006.

4. Added by the W.B. Act XXXII of 1997, w.e.f. 18.3.1996.'

5. Ins. by s. 3(2) of the W.B. Municipal (Amendment) Act, 2006, (W.B. Act XXII of 2006), w.e.f. 1.10.2006. The West Bengal Municipal Act, 1993 [Ss. 10-13 warehouse, or place of industry or business is situated within the limits of two ormore adjacent municipal areas, the State Government may, notwithstanding anything contained in this Act, by notification, declare within which of these municipal areas such dwelling-house, manufactory, warehouse, or place of industry or business shall be deemed to be included for the purposes of this Act.

11. Power to exempt municipal area from operation of any provisions of the Act unsuited thereto.—(1) The State Government may, by notification and for reasons to be recorded in writing, exempt any municipal area or •Tiunlcipal areas of any group from the operation of any ofthe provisions ofthis Act considered unsuited thereto, and thereupon the said provisions shall not apply to such municipal area or municipal areas until such provisions are applied thereto by notification. (2) While the exemption as aforesaid remains in force, the State Govern ment may make rules consistent with the provisions of this Act in respect of any matter within the purview ofsuch provisions of this Act from the operation of which the municipal area or municipal areas as aforesaid are exempted. CHAPTER III The Municipal Authorities

12. Municipal authorities.—^The municipal authorities charged with the responsibility of carrying out the provisions ofthis Act shall, for each municipal 3rea, be as follows: (a) the Municipality, (b) the Chafrman-in-Council, and (c) the Chairman.

13. The Municipality.—1[(1) The Municipality established for a town shall mean the Board of Councillors charged with the authority of municipal govern ment of the town, and shall consist of— (a) such number of elected members as there are wards within the municipal area, and (/>) persons having special knowledge or experience in municipal admin istration as may be nominated by the State Government from time to time, provided that such persons shall not have the right to vote in the meetings of the Municipality.] (2) The Municipality shall be a body corporate with perpetual suQcession and a common seal, and may, by the name of the Municipality of the town by reference to which the Municipality is known, sue and be sued. (3) All executive actions of the Chairman-in-Council shall be expressed to e taken in the name of the Municipality. 1- Subs, by the W.B. Act XXX of 1994, w.e.f. 13.7.1994, for "(1) The Municipality established for a town shall mean the Board of Councillors consisting of such number of members as there are wards within the municipal areas, charged with the authority of municipal govemment of the town.". Ss. 13-14] The West Bengal Municipal Act, 1993 15 (4) Subject to the provisions of this Act, the Municipality shall be entitled to acquire, hold and dispose of properties.

14. Constitution of Board of Councillors.—""[(I) The Councillors elected in general election or a by-election of a Municipality and the members nominated by the State Government under clause (b) of sub-section (1) of section 13 shall constitute the Board of Councillors.] 2[(2) The Board of Councillors, unless dissolved earlier, shall hold office for a period of five years from the date appointed for its first meeting after the general election and no longer: ***j "^[(3) In a newly constituted municipal area, all the powers or functions, vested with the municipal authorities under this Act or under any other law, for the time being in force, for the purpose of shaping up the municipal adminis tration, shall be exercised or performed, as the case may be, by such person or persons to be designated as the Administrator or the Board of Administra tors, as the State Government may, by notification, appoint for a period not exceeding six months: Provided that if, for any reason. It is not possible to hold the first general election of a newly constituted Municipality before expiry of the period of six months under this sub-section, the State Government may, by notification, extend the term of such Administrator or Board of Administrators, as the case may be, for a further period not exceeding six months. In the case of extension of the term of such Administrator of Board of Administrators, as the case may be, under this sub-section, all the powers and functions, vested with the municipal authorities under this Act or under any other law for the time being in force, shall be exercised or performed, as the case may be, by such Administrator or Board of Administrators in such extended term.]. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995, for— "(1) The Councillors elected in a general election or a by-election of a Municipality shall constitute the Board of Councillors". Subs, by the W.B. Act XXX of 1994, w.e.f. 13.7.1994, for— "(2) The Board of Councillors shall hold office for a period of five years from the date of its first meeting after the general election of which a quorum is present, unless dissolved or superseded earlier: Provided that the Board of Councillors shall continue in office till the next Board of Councillors assumes office, unless dissolved or superseded earlier.". Proviso omitted by s. 4 of the W.B. Municipal (Amendment) Act, 2006. (W.B. ActXXII of 2006), w.e.f. 1.10.2006. Before omission stood as follows : "Provided that the Board of Councillors, unless dissolved earlier, shall continue in office till the next Board of Councillors assumes office.". Subs, by s. 5 of the W.B. Municipal (Amendment) Act, 2002 (W.B. Act XVI of2002), w.e.f. 2.9.2002, for the following ; "(3) In a municipal area newly constituted, the local authority having jurisdiction over such area immediately before such area was constituted a municipal area, shall continue to have Jurisdiction and to perform its functions till such time, not exceeding six months from the date of the notification under section 6 or sub-section (3), or sub-section (4), of section 378, as the case may be, as may be necessary for holding elections.". 16 The West Bengal Municipal Act, 1993 [Ss. 14-15 (4) If, for any reason, it is not possible to hold the general election of a Municipality before the expiry of the period of five years specified in sub-section (2), the Board of Councillors shall stand dissolved on the expiration of the said period '•[and all the powers or functions vested with the municipal authorities under this Act or under any other law for the time being in force shall be exercised or performed, as the case may be, by such person or persons to be designated as Administrator or Board of Administrators as the State Govern ment may, by notification, appoint.]

15. Chairman-in-Council.—There shall be Chairman-in-Council con sisting of the Chairman, Vice-Chairman and other members not exceeding, in the case of a municipal area included in Group A, five, in the case of a municipal area included in Group B, four, in the case of a municipal area included in Group C, three : Provided that in respect of the municipal areas included in Group D and Group E, all the powers and functions vested with the Chairman-in-Council under this Act or under any other law, for the time being in force, shall be examined orperformed, as the case may be, by the Chairman of the concerned Municipality.] (2) The Vice-Chairman and the other members referred to in sub-sectio (1) shall be nominated by the Chairman from amongst the Councillors of the Municipality ^[within a period of thirty days of his entering into office,] and shall assume office after taking ^[oath of secrecy under section 50A]: ^[Provided that the State Government may, on an application by the Chairman and for reasons to be recorded in writing, extend the period aforesaid by such period not exceeding thirty days as the State Government may think fit.] (3) All executive powers of the Municipality shall vest in the Chairman • Council. (4) The manner of transaction of business of the Chairman-in-Council sh be such as may be prescribed. (5) The Chairman-in-Council shall be collectively responsible t Municipality.

1. Subs, by the W.B. Municipal (Amendment) Act, 2000 (W.B. Act XXII of 20001 1.9.2000, for "and thereupon the provisions of section 431 shall apply mutatis mut

2. Subs, by s. 6 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002, for the following ' "(1) There shall be Chairman-in-Council consisting of the Chairman, the Vice-Ch * and other members not exceeding, in the case of municipal area included in Group in the case of a municipal area included in Group B, four, in the case ofa municbal' included in Group C, three, in the case of a municipal area included in Group D tw in the case of a municipal area included in Group E, one.". ' '

3. Subs, by the W.B. Municipal (Amendment) Act, 2000 (W.B. Act XXII of 2000) we f 1.9.2000 for "as soon as possible after he enters into office".

4. Subs, by the W.B. Act XLV of 1994, w.e.f. 10.10.1994 for "such oath of secrecy as may be prescribed".

5. Proviso added by the W.B. Act XXII of 2000, w.e.f. 1.9.2000. Ss. 16-17] The West Bengal Municipal Act, 1993 17 "•[IB. Powers and functions of the Chairman.—-(1) The Chairman shall be 2[the executive head of the Municipality and the municipal administration shall be under his control] and he shall exercise such powers and functions as conferred on him by or under this Act. (2) The Chairman shall preside over the meeting of the Chairman-in-Council as well as Board of Councillors. (3) The Chairman shall allocate the business among the members of the Chairman-in-Council in case of Group A, Group B and Group C Municipalities. (4) The matters to be discussed at a meeting of the Chairman-in-Council as well as the Board of Councillors shall be prepared under the direction of the Chairman and shall be circulated to the members of the Chairman-in-Council as well as the Board of Councillors, as the case may be, in such manner as the Chairman may determine. (5) The Chairman shall, if he is of opinion that immediate execution of any work is necessary and the same ordinarily requires the approval of the Board of Councillors or the Chairman-in-Council, as the case may be, direct the execution of such work: Provided that the Chairman shall report forthwith to the Board of Councillors or the Chairman-in-Council, as the case may be, the actions taken under this section and the reasons thereof. ***] j

17. Election of Chairman.—(1) The Board of Councillors, ^[in its first meeting under section SOB], shall elect in accordance with such procedure as Subs, by s. 7 of the West Bengal Municipal (Amendment) Act, 2002 (W.B. Act XVI of 2002), w.e.f. 15.9.2004, which was earlier as follows : . "16. Chairman.—(1) The Chairman shall be the executive head of the Municipality, and the municipal administration shall be under his control. (2) The Chairman shall allocate the business among the members of the Chairman- in-Council. (3) The Chairmanshall preside overthe meetingsofthe Chairman-in-Council as well as the Board of Councillors. (4) The Chairman may transact any business or make any order authorised by any law for the time being in force, unless it is otherwise expressly provided in such law: Provided that the Chairman shall not act in opposition to or in contravention of any decision of the Board of Councillors.". Subs, bys. 3 oftheWestBengal Municipal (Amendment) Act, 2004 (W.B. Act VIII of2004), w.e.f. 15.9.2004, for the words "the whole time functionary of the Municipality". Explanation omitted bys. 3 ofthe West Bengal Municipal (Amendment) Act, 2004 (W.B. Act VIII of 2004), w.e.f. 15.9.2004, which stood as follows: 'Explanation.—^The term 'wholetime functionary of the Municipality' shall mean the period for which a Councillor holds office of the Chairman and he shall not hold any office of profit unless, he has obtained leave of absence from his place of employment, or he shall carry on or be associated with any business, profession or calling in such manner as shall interfere or likely to interfere with due exercise of his powers or due performance of his functions or due discharge of his duties.". Subs, by the W.B.Act XLV of 1994, w.e.f. 10.10.1994 for "whetherelected or appointed". 18 The West Bengal Municipal Act, 1993 [Ss. 17-18 may be prescribed, one ofits ^[elected] members to be the Chairman who shall assume office forthwith [after taking oath of secrecy under section 50A]. (2) If the Board of Councillors fails to elect a Chairman in the manner prescribed, the State Government shall appoint by name one of the Councillors to be the Chairman. (3) In the case of any casual vacancy in the office of the Chairman caused by death, resignation, removal or otherwise, the Board of Councillors shall, in accordance with such procedure as may be prescribed, elect one of the Councillors to fill up the vacancy. (4) In the case of casual vacancies in the offices of both the Chairman and the Vice-Chairman caused by death, resignation, removal or otherwise, the State Government may appoint by name one of the Councillors to be the Chairman who shall hold office until a Chairman, elected under the provisions of sub-section (3), ^[enters upon his office :] ^[Provided that the Chairman appointed under this sub-section shall hold meeting of the Board of Councillors within thirty days from the date of taking over his charge for the purpose of election of the new Chairman under sub section (3) in such manner as may be prescribed.]

18. Terms of office of Chairman.—(1) The Chairman shall cease to hold office as such if he ceases to be a Councillor of the municipal area. (2) The Chairman may, at any time, by giving a notice in writing to the Board of Councillors, resign his office, and the procedure for acceptance or otherwise of the resignation shall be such as may be prescribed. (3) The Chairman may be removed from office by a resolution carried by a majority ofthe total number of"^[elected members] ofthe Board of Councillors holding office for the time being % present and voting by them,] at a special meeting to be called for this purpose in the manner prescribed upon a requisition made in writing by not less than one-third of the total number of ^[elected members] of the Board of Councillors, and the procedure for the conduct of business in the special meeting shall be such as may be prescribed: Provided that no such resolution shall be moved before the expiry of six months from the date of assumption of office by a Chairman, and if such resolution is not carried by a majority of the total number of ^felected members], no further resolution for such purpose shall be moved before the expiry of a period of six months from the date on which the former resolution was moved. 1. Ins. by the W.B. Act XLV of 1994. w.e.f. 10.10.1994.

2. Subs, by s. 8(2) of the West Bengal Municipal (Amendment) Act, 2002 (W.B. Act XVI of 2002), w.e.f. 15.9.2004, for the words "enters upon his office.".

3. Proviso inserted by ibid, w.e.f. 15.9.2004. 4. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "members".

5. Ins. by s. 9(//) of the West Bengal Municipal (Amendment) Act. 2002 (W.B. Act XVI of 2002), w.e.f. 15.12.2003. Ss. 18-19A] The West Bengal Municipal Act, 1993 19 1[(4)

19. Vice-Chairman.—(1) The Vice-Chairman shall, in the absence of the Chairman, preside over the meetings of the Chairman-in-Council as well as the Board of Councillors. 2[(2) When— (a) the office of the Chairman falls vacant byreason of death, resignation, removal or otherwise, or (b) the Chairman is. by reason of leave, illness or other cause, tempo rarily unable to exercise the powers, perform the functions and discharge the duties of his office, the Vice-Chairman shall exercise the powers, perform the functions and discharge the duties of the Chairman until a Chairman is elected under sub section (3) of section 17 and assumes office or until the Chairman resumes his duties, as the case may be.] (3) The Vice-Chariman shall, at any time, perform such other duty or exercise such other powers as may be delegated to him under the provisions of this Act. ^[19A. Making over of charge by the Chairman.—(1) On the election of the Chairman following a general election or on the office of the Chairman otherwise falling vacant, the Chairman holding office for the time being or the Vice-Chairman or any other authority, or any other member, exercising the powers, performing the functions, and discharging the duties, of the Chairman shall make over all the cash, assets, documents, registers and seals which he may have in his possession, custody or control as soon thereafter as possible on such date, place and hour as may be fixed by the District Magistrate or any other Executive Magistrate authorised by the District Magistrate in this behalf to the newly elected Chairman or, in the case of a vacancy occurring otherwise, to the Vice-Chairman or to the Chairman appointed under the provisions of sub section (2), or sub-section (4), of section 17 or to such person or persons appointed under the provisions of sub-section (3) of section 431 or section 431A in the presence of the District Magistrate or any other Executive Magistrate authorised by the District Magistrate in this behalf.

1. Sub-sec. (4) omitted by the W.B. Act XXII of 2000, w.e.f. 1.9.2000, which stood as follows: "(4) Notwithstanding anythingContained in this section, the Chairman, whose office becomes vacant under any of the provisions of this section, shall continue to hold office as Chairman until his successor elected underthe provisions of this Chapter enters upon his office.".

2. Subs, by the W.B. Act XXII of 2000, w.e.f. 1.9.2000, for "(2) The Vice-Chairman shall, during the absence ofthe Chairman for any reasonswhatsoever, discharge all his duties, and exercise all the powers, of the Chairman unless otherwise expressly directed by the Chairman.'.

3. Ins. by W.B. Act XXII of 2000, w.e.f. 1.9.2000. 20 The West Bengal Municipal Act, 1993 [Ss. 19A-20A ^[Provided that in case the Chairman holding office for the time being, or the Vice-Chairman, or any other authority, or any other member, exercising the powers, performing the functions, and discharging the duties of the Chairman fails to make over all cash, assets, documents, registers and seals which he may have in his possession, custody or control, to the newly elected or appointed Chairman on the date, place and hour as may be fixed by the District Magistrate or any other Executive Magistrate authorised by the District Magis trate in this behalf, the newly elected or appointed Chairman may assume charge, and shall, in the presence of the District Magistrate or any other Executive Magistrate authorised by the District Magistrate in this behalf, prepare an inventory of all cash, assets, documents, registers and seals, which he received from the municipal office, and shall send a copy of such inventory to the Director of Local Bodies as well as to the State Government.] (2) On the inclusion of a municipal area in a Gram Panchayat under sub section (1) of section 6A of the West Bengal Panchayat Act, 1973 (West Ben. Act XLI of 1973), the Chairman or the Vice-Chairman or any other authority, or any other member, exercising the powers, performing the functions and discharging theduties, oftheChairman immediately before the inclusion ofsuch municipal area in the Gram Panchayat, shall make over the properties funds and liabilities of the Municipality in respect ofthe area so included to the Gram Panchayat, the Panchayat Samity, the ZHIa Parishad or the Mahakuma Parishad, in accordance with such allocation as may be determined bv the prescribed authority referred to in clause (a) of sub-section (3) of section 6A of that Act.]

20. Members ofChairman-in-Council.—The members of the Chairman-in- Council shall exercise such powers and perform such functions as may be assigned to them from time to time by the Chairman. 2[20A. Delegation of powers andfunctions.—(1) The Board of Councillors may. by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Chairman-in-Council or the Chairman. (2) The Chairman-in-Council may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Chairman or a member of the Chairman-in-Council. (3) Subject to such resolution as may be made by the Ch 3lrman-ln-Council in this behalf, the Chairman may, by order, delegate, subject to such conditions as may be specified in the order, any of his powers or functions to the Vice- Chairman or to a memberof the Chairman-in-Council or to the holderof any of the posts of officers referred to in sub-section (1) of section 53. (4) Notwithstanding anything contained in this section, the Chairman- in-Council, the Chairman, the Vice-Chairman, a member of the Chairman-

1. Proviso added by s. 5 ofthe W.B. Municipal (Amendment) Act, 2006, (W.B. Act XXII of 2006), w.e.f. 1.10.2006.

2. Ins. by the W.B. Act XIII of 1995, w.e.f. 5.9.1995. Ss. 20A-21A] The West Bengal Municipal Act, 1993 21 in-Council or a holder of any of the posts of officers referred to in sub-section (1) of section 53 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 as may be prescribed.]

21. Term of office of Vice-Chairman and other members of Chairman- In-Councll.—^The Vice-Chairman or any other member of the Chairman-in- Council shall hold office until— (a) he ceases to be a Councillor, or (b) he resigns his office by writing under his hand addressed to the Chairman in which case the resignation shall take effect from the date of its acceptance, or (c) he is removed from office by a written order of the Chairman, or "•[(d) a newly elected Chairman enters upon his office in the case of any casual vacancy in the office of the Chairman caused by death, resignation, removal or otherwise.] 2[(e) ***] ^[21 A. Terms of office of Councillor.—A Councillor shall hold office for a period of five years from the date of the first meeting of the Board of Councillors under section 508 or for the period for which the new Board of Councillors referred to in the first proviso to sub-section (4) of section 431 shall continue thereunder or for the period for which a member chosen to fill a casual vacancy shall be chosen to serve under sub-section (2) of section 83 of the West Bengal Municipal Election Act, 1994, unless — (a) the Board of Councillors is dissolved earlier, or (b) he resigns his office by writing under his hand addressed to the Chairman and the resignation is accepted by the Board of Council lors at a meeting in which case the resignation shall take e^ct from the date of its acceptance, or (c) 4[ **] his election is void under sub-section (1) of section 31 of the West Bengal Municipal Elections Act, 1994, or (d) ^[ **] the entire area of the ward from which he has been elected is withdrawn from the operation of this Act under clause (a) of section 9, or is included in an existing Gram Panchayat, or is constituted one or more Gram Panchayats, under sub-section (1) of section 6A

1. Cl. (d) subs, bythe W.B. Act XXII of2000, w.e.f. 1.9.2000, for "the Chairman ceases to hold office, or".

2. Clause (e) omitted bythe W.B. Act XXII of2000, w.e.f. 1.9.2000, which stood as follows : "(e) in the case of the death ofthe Chairman, a newly elected Chairman enters upon his office.". 3. Ins. by the W.B. Act XIII of 1995, w.e.f. 5.9.1995.

4. The word "if" omitted by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998. 22 The West Bengal Municipal Act, 1993 [Ss. 21A-21B of the West Bengal Panchayat Act., 1973, (W.B. Act XLI of 1973), "•[or is constituted a Municipal Area, a Notified Area or an Industrial Township] 2[(e)he is declared under section 21B to be disqualified for being a Councillor.]] ^[218. Disqualification for being a Councillor on change of political party by the Councillor.—(1) Notwithstanding anything to the contrary con tained in this Act or in any other law for the time being in force, such competent authority for a Municipality as may be appointed by the State Government by notification in this behalf (hereinafter referred to in this section as the competent authority), may, subject to the other provisions of this section, declare, for reasons to be recorded in writing, a Councillor of such Municipality to be disqualified for being a Councillor thereof, if — (a) he is an elected Councillor set up by a recognised political party and has — (/) voluntarily given up his membership of such recognised political party, or ^[{iA) joined another recognised political party, or] (//) exercised the voting right contrary to the manner ofvoting of the majority of the Councillors who are the members of such recognised political party in such Municipality, or (b) he Is an elected Councillor ^[not] 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 ®fsub-clause (iA), or] 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 Ci'uncillors, who are the members, of such recognised political party, constitute In the Municipality 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 Municipality and that all the 1 Ins. by s. 6of the W.B. Municipal (Amendment) Act, 2006. (W.B. Act XXII of 2006), w.e.f. 1.10.2006. 2. Ins. by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998.

3. Ins. by ibid, w.e.f. 18.3.1998.

4. Ins. by the W.B. Municipal (Amendment) Act, 2000 (W.B. Act XXII of 2000), w.e.f. 1.9.2000.

5. Ins. by ibid, w.e.f. 1.9.2000. S- 21B] The West Bengal Municipal Act. 1993 23 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— (/) 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 (/•/) 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 Municipality, 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 Board of Councillors from the date of such declaration. (3)' As soon as may be within one month from the date of the first meeting of the Board of Councillors 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)— (/•) a copy of the resolution, (//) a signed statement containing the names, addresses and constitu encies of himself and other Councillors set up by such recognised political party, and {Hi) 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 Board ofCouncillors or within one month from the date on v/hich 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 Municipality, 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 ttie first meeting of the Board of Councillors was 24 The West Bengal Municipal Act, 1993 [S. 21B held or this section came into force, as the case may be, on the date on which such increase took place. (5) ACouncillor not belonging to any recognised political party shall furnish a statement tothat effect to the competent authority within one month from the date of the first meeting of the Board of Councillors. (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 politicial 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 '•[or the Head of the district functionary in whatever designation he may be calledl 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— (/) voluntarily given up his or their membership pf such recognised political party, or 2[(/A ) joined another recognised political party, or] (//) have exercised the voting right contrary to the manner ofvoting of the majority of the Councillors set up by such recognised political party in the Municipality, 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 Board of Councillors. (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

1. Ins. by s. 2(1) of the West Bengal Municipal (Amendment) Act, 2003 (W.B. Act XIII of 2003), w.e.f. 1.10.2003.

2. Clause (iA) ins. by the W.B. Act XXII of 2000. w.e.f. 1.9.2000. 21B] The West Bengal Municipal Act, 1993 25 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 ofthe 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 Board of Councillors 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 consid eration 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 Councilloror Councillors of the Municipality. (12)Any Councillor declared disqualified under sub-section (1) or the leader ofthe 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 behalfand 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) ^[within a period ofeight weeks from the date of receipt of the appeal under this sub-section] and, upon such declaration, the Councillor or Councillors shall stand removed from the Board of Councillors. (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 of a Municipality being declared to be disqualified under sub-section (1) for being a Councillor of such Municipality. 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

1. Ins. by s. 2(2) of the West Bengal Municipal (Amendment) Act, 2003 (W.B. Act XIII of 2003), w.e.f. 1.10.2003. 26 The West Bengal Municipal Act, 1993 [Ss. 21B-22 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.] ''[21C. Leader of Opposition.-—There shall be a leader of Opposition in a Municipality, who shall be a Councillor of the Municipality and who is, for the time being, the leader of the recognised political party in opposition in the Municipality having the greatest numerical strength and recognised as such by the Chairman: Provided that where there are two or more recognised politicial parties in opposition in the Municipality having the same numerical strength, the Chairman shall, having regard to the status of the recognised political parties, recognise any one of the leaders of such recognised political parties as the Leader of the Opposition, and such recognition shall be final and conclusive.] 2[22. Borough Committee.—(1) Every Municipality having a population of three lakhs or more, may, at its first meeting after the election of members thereto or as soon as may be thereafter, group the wards of the Municipality into five Boroughs so that each Borough consists of not less than six contiguous wards, and, constitute a Borough Committee for each Borough. (2) Each Borough Committee shall consist of Councillors 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 members of each Borough Committee shall elect from amongst themselves one member to be its Chairman who shall not be a member of the Chairman-in-Council. (5) The Chairman ofa Borough Committee may at anytime resign his office by giving notice in writing to the Chairman of the Municipality, and the resignation shall take effect from the date of acceptance by the Chairman. (6) A Borough Committee shall, subject to general supervision and control of the Chairman-in-Council, discharge within the local limits of the Borough such functions of the Municipality as the Municipality may require it to discharge. (7) The manner oftransaction of business ofthe Borough Committee shall be such as may be determined by the Municipality by regulations.]

1. Sec. 210 ins. by the W.B. Act XXII of 2000, w.e.f. 1.9.2000.

2. Subs, by W.B. Act XLV of 1994, w.e.f 10.10.1994, for the following : "22. Wards Committee.—(1) There shall be constituted Wards Committees consisting of one or more wards within the territorial area of a Municipality having a population of three lakhs or more. (2) The composition and the territorial area of a Wards Committee, and trie manner in which the seats in a Wards Committee shall be filled, shall be such as may be prescribed. (3) Where a Wards Committee consists of— (a) one ward, the member representing that ward in the Municipality; or (b) two or more wards, one of the members representing such wards in the Municipality elected by members of the Wards Committee, shall be the Chairperson of that Committee.". Ss. 23-23AA] The West Bengal Municipal Act. 1993 27 "^[23. Ward Committee.—(1) Each ward of a Municipality ^[shall] have a Ward Committee. ***j (2) The composition and the functions of the Ward Committee shall be such ^[as may be prescribed.] (3) The Councillor elected from a ward shall be the Chairperson of the Ward Committee for that ward.) ®[23A. Area Sabha.—(1) There shall be an Area Sabha in every ward comprising of one or more polling booths and consisting of persons whose names are included in the part of the electoral roll of the polling booth concerned. (2) The composition and function of Area Sabha shall be such as may be prescribed.] ®P[23AA]. Constitution of Standing Committee.—(1) At the first meeting of the Board of Councillors or at the meetings subsequent thereto, the Board of Councillors of every Municipality shall constitute the following Standing Committees:— (a) Finance and Resource Mobilisation Standing Committee; (b) Solid Waste Management Standing Committee; (c) Water Supply Standing Committee; (d) Public Works Standing Committee; (e) Health, Education and Urban Poverty Alleviation Standing Commit tee; (f) Public Health and Sanitation Standing Committee: Provided that the Standing Committees, other than those mentioned above, may also be consituted by the Board of Councillors if they so think fit. (2) Each Standing Committee shall consist of such number of Councillors, not being more than nine or less than three, as the Board of Councillors by a

1. Subs, by the W.B. Act XXX of 1994. w.e.f. 13.7.1994. for the following ; "23. Borough Committee.—(1) There may be Borough Committees constituted in a Municipal area accordance with such rules as maybe made bythe State Government in this behalf. (2) The Borough Committees shall perform such functions and transact such business in such manner as may be prescribed.".

2. Subs, by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998, for "may".

3. Provisoomitted by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998. which stood as under: "Provided that where the territorial area of a Municipality has a population of three lakhs or above, that Municipality shall constitute a Ward Committee for each ward.".

4. Subs, by W.B. Act XXII of 2000. w.e.f. 1.9.2000. for "as the State Government may. by notification, determine.".

5. Section 23A ins. by s. 2 ofthe West Bengal Municipal (Amendment) Act. 2009 (W.B. Act III of 2009), w.e.f. 1.6.2009.

6. Ss. 23A. 23B and 23C ins. by s. 13 of the W.B. Act XVI of 2002. w.e.f. 2.9.2002.

7. Section 23A renumbered as sec. 23AA by s. 2 ofthe West Bengal Municipal (Amendment) Act. 2009 (W.B. Act III of 2009), w.e.f. 1.6.2009. 28 The West Bengal Municipal Act, 1993 [ Ss. 23AA-23C specific resolution determine and the number so determined shall be selected by the Board of Councillors fro.m amongst themselves : Provided that no Councillor shall be a member of more than two Standing Committees and the Chairman or the Vice-Chairman shall not be a member of any Standing Committee constituted under this section but he may attend any meeting of any Standing Committee. (3) The Board of Councillors at a meeting may, by resolution, associate with any Standing Committee such persons, not being Councillors and not exceeding one-halfof the number of the Councillors in such Committee, and for such term as they may think fit. Any officer or other employee of the Municipality, and any officer of the State Government, having requisite expertise for development of civic services, municipal finance, and other areas related to municipal administration, as may be required by the Board of Councillors, may associated with any Standing Committee constituted under this section. thc» Chairman shall nominate the President and the Vice-President of PrpQiH Committees constituted under this section. The term of the ComrrTH Vice-President are coterminous to that of the Standing ' concerned, unless removed earlier from office by the Chairman. President or, in his absence, the Vice-President shall convene and (6^ meetings of the concerned Standing Committee. shall be filled^b^^h^^^^"^^office of a member of a Standing Committee section ('>\ yu Councillors in the manner as specified in sub- S piw (3). as the case may be.' Standing Comm'tt""^^'^"^* duties of Standing Committee.—(1) Each discharge such h r Perform such functions, exercise such powers, and (2) The B " Board of Councillors at a meeting delegate to it. to a s t a n d i n g ® meeting may, by specific resolution, refer relating to the nnul inquiry or report or for opinion on such subjects reay think fit duties of the Municipality as the Board of Councillors for implemern^on'c? ^tiall submit its report indicating the difficulties and recommendinn _ ®^®'®Preent recommendino mp P^®"t programme programme under its respective under its Jurisdiction, respective Jurisdiction (4) All proceedings or modification by the B ? "9 Committees shall be subject to confirmation Councillors at ameeting°bthew*^°""^'"°'^^ ^meeting unless the Board of

230. Herifage Conservafi^ shall constitute aCommittftf! l? ^®>"reittee.--(1) The Board of Councillors with the Chairman as it«5 rh - the Heritage Conservation Committee Convenor. Chairman and an officer of the Municipality as its (2) The Committee shaii how.. • Convenor, seven other memtere ^0^1^'''''°" (a) one shall be a nominee of the District Magistrate of the district; one s a e a nominee of the Director of the Department of Archaeology, Government of West Bengal; Ss. 23C-25A] The West Bengal Municipal Act, .1993 29 (c) one shall be an eminent architect; (d) one shall be an artist; . (e) one shall be an environmentalist; (f) one shall be a historian; and (g) one shall be the concerned Executive Engineer of the Municipal Engineering Directorate. (3) The Committee may co-opt one person to be nominated by the concerned department of the State Government while dealing with any land or building under the managment of the said department. (4) The Heritage Conservation Committee, constituted under sub-section (1), shall send all its proposals relating to preservation and conservation of heritage building or site to the West Bengal Heritage Commission constituted under the West Bengal Heritage Commission Act, 2001 (West Ben. Act IX of 2001)].

24. Formation of Special Committee.—(1) The Board of Councillors may, from time to time, appoint a Special Committee to perform such specified functions, or conduct such enquiries,, or undertake such studies including reports thereon, as may be contained in a resolution in this behalf. (2) Any person who is not a Councillor but possesses special qualifications useful for the purpose of a committee as aforesaid may be associated therewith as its member. (3) The manner of transaction of business in a Special Committee shall be such as may be laid down by the Board of Councillors.

25. Constitution of Joint Committee.—(1) The State Government may, if it considers necessary so to do, constitute a Joint Committee for more than one Municipality, or for one or nibre Municipalities with other local authority or local authorities for any purpose in which they are jointly interested or for delegating. to it any power or function which calls for joint action. (2) The Joint Committee shall consist of the following members: (/) two nominees of each constituent Municipality or local authority, (//) one nominee of each of the concerned departments of the State Government or of the concerned local authorities, (///) such expert or experts as the State Government may nominate, (/V) Director of Local Bodies or his representative who shall also act as the convenor of the Committee. (3) The procedure of transaction of business by a Joint Committee shall be such as may be prescribed. ''[25A. Self-help group and Community Development Society.—(1) The Board of Councillors shall ensure constitution of Self-help Groups, and Community Development Society, consisting of the women members of the families, identified as the families below poverty line, residing within the municipal area.

1. Ins. by s. 7 of the W.B. Municipal (Amendment) Act, 2006, (W.B. Act XXII of the 2006), w.e.f. 1.10.2006. 30 The West Bengal Municipal Act, 1993 [Ss. 25A-27 (2) The composition, manner of constitution and functions of Self-help Groups, and the Community Development Society under sub-section (1), shall be such as the State Government may, by order, determine. Explanation.—In this section "below poverty line" means the poverty line as may be determined by the Central Government.

25B. Poverty Alleviation Cell.—(1) The Board of Councillors shall ensure constitution of a Poverty Alleviation Cell for the Municipality. (2) The composition, manner of constitution and functions of the Poverty Alleviation Cell under sub-section (1), shall be such as the State Government may, by order, determine.] CHAPTER IV Election of Councillors

26. Holding of general election.—(1) The first general election of the Board of Councillors of a municipal area newly constituted shall be held ^[within a period of six months from the date of the notification under section 6. or sub section (3), or sub-section (4) of section 378, as the case may be]. (2) The.general election in a municipal area to constitute the Board of Councillors shall be held before the expiration of the term of office of the existing Board of Councillors on such date ^[not earlier than six months prior to the date on which the duration ofits term ofoffice-would expire under sub-section (2) of section 14,] as the State Government may fix for the purpose. (3) Each ward of a municipal area shall elect a Councillor during thegeneral election 3[ **«j (4) Notwithstanding anything contained in this section, there shall be no bar to the constitution of a Board of Councillors after a general election on account of election not being held 2[on account of natural calamity or orders of a Court having jurisdiction] in a ward or in a number ofwards not exceeding one-fourth of the total number of wards constituting the municipal area. "^[27. ***].

1. Subs, by the W.B. Act XXX of 1994, w.e.f. 13 7 1994, for "at such time as the State Government may prescribe".

2. Ins. by the W.B. Act XXX of 1994, w.e.f. 13.7.1994.

3. Omitted by ibid, w.e.f. 13.7.1994, for "in accordance with the revisions of this Act and the rules made thereunder".

4. Sec. 27 omitted by the W.BAct XXX of 1994, w.e.f. 13.7.1994. which stood as under: "27. Reservation of seats for Scheduled Castes, Scheduled Tribes and Women.—(1) Seats shall be reserved for the Scheduled Castes and Scheduled Tribes in every Municipality, and the numberof seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to that Municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area, as the case may be, bears to the total population of that municipal area and such seats may be allotted by rotation to different constitu encies of that municipality. (2) Not less than one-third ofthetotal number ofseats reserved under sub-section (1) shall be reserved for women belonging tothe Scheduled Castes or, as thecase may be, the Scheduled Tribes. , ^ [ Footnote continued on next page ] Ss. 28-30] The West Bengal Municipal Act. 1993 31 "•[28. Elections to the Municipalities. —The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall vest in the State Election Commission.] 2[29 to 49. ***] [ Footnote continued from previous page ] (3) Not less than one-third of the total number of seats, including the seats reserved forwomen belonging to the Scheduled Castes and Scheduled Tribes, to be filled bydirect election to a Municipality shall be reserved for women, and such seats may be allotted by rotation to different constituencies of that Municipality. (4) The office of Chairpersons of a Municipalityshall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as may be notified by the State Government from time to time. (5) The reservation of seats for the Scheduled Castes and the Scheduled Tribes under sub-sections (1) and (2) and the reservation of the office of Chairpersons for the Scheduled Castes and the Scheduled Tribes under sub-section (4) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.".

1. Sec. 28 subs, by the W.B. Act XXX of 1994, w.e.f. 13.7.1994 for the following ; "28. Elections to the Municipalities.—(1) Notwithstanding anything contained in this Act, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the municipalities shall be vested in the State Election Commission constituted by the State Government by law made by the State Legislature in this behalf. (2) The State Election Commissionshall perform its functions in accordance withsuch rules as the State Government may make from time to time.".

2. Sees. 29 to 49 omitted by ibid., w.e.f. 13.7.1994, which stood as under: "29. Electoral roll for a municipal area.—(1) For every municipal area, there shall be an electoral roll showing the names of persons qualified to vote. (2) The electoral roll for everymunicipal area shall be divided into several parts, one for each ward of a municipal area. (3) The electoral roll for a municipal area shall be prepared, revised or corrected by the State Election Commission in accordance with such rules as may be made by the State Government in this behalf: Provided that there shall be a preliminary publication of such electoral roll after preparation or revision to be followed by final publication after hearing of objections in the manner prescribed. (4) Notwithstanding anything contained elsewhere in this Act, the electoral roll for the time being in force for the election of members of the West Bengal Legislative Assembly, so far as itrelates to the area comprised in a municipal area, may be adopted as the electoral roll for that municipal area for the purposes ofpreliminary publication.

30. Condition for registration as a voter.—(1) Every person, who— (а) is not less than 18 years of age on the qualifying date, and (б) is ordinarily resident in a municipal area, shall be entitled to be registered in the electoral roll for that municipal area. (2) No person shall be entitled to be registered in the electoral roll forany municipal area in more than one place. (3) No person shall be entitled to be registered in the electoral roll for any municipal area ifhis name has already been registered as a voter in theelectoral roll ofany other municipal area, municipal corporation or panchayat area Explanation I.—^The expression "qualifying date" shall mean such date as the State Government may by notification specify for the purposes of this Act. [ Footnote continued on next page] 32 The West Bengal Municipal Act, 1993 [Ss. 30-36 [ Footnote continuedfrom previouspage ] Explanation II.—The expression "ordinarily resident" shall have the same meaning as assigned to it in section 20 of the Representation of the People Act. 1950 (43 of 1950).

31. Disqualification for registration in an electoral roll.—The disqualifiwtioris for regist ation in an electoral roll for a municipal area shall be the sameas provided in section 16 of the Representation of the People Act, 1950.

32. Appeal.—Any person aggrieved by any entry in, oromission from, the electoral roll or bythe orderor decision ofthe State Election Commission, may, within fifteen days from the date of final publication of the electoral roll or from the date of the decision or the order of the State ElectionCommission, as the case may be, appeal to such appellate authority as the State Government may by notification appoint and if, on such appeal, the said appellate authority directs any modification or addition to be made in the electoral roll or the decision or the order of the State Election. Commission, the electoral roll shall accordingly be corrected of the decision or the order shall be modified, as the case may be. Such decision on appeal shall be published in the manner provided for final publication of an electoral roll.

33. Offences In respect of electoral roll.—(1) Every person who by claiming a qualification, which he knows that he does not possess, to vote at a municipal election . or by using a false document or by a false declaration or by any other deceitful means, procures or attempt to procure the improper entry of the name, whether of himself or of any other person, in the electoral roll or the improper omission of any name therefrom, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both. (2) Every municipal officer or employee or polling officer who wilfully makes or procures or attempts to make or procure any improper entry in the electoral roll or any improper omission therefrom shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.

34. Right to vote.—Save as otherwise provided in this Act, every person whose name is included in the electoral roll which is in force after final publication, shall be entitled to vote at an election for the ward where his name is so included : Provided that no person shall vote at an election of Councillors of a municipal area if he— (a) has been adjudged to be of unsound mind, or (b) has voluntarily acquired the citizenship of a foreign State, or (c) has been sentenced by a criminal court for an electoral offence punishable under thisAct or has been disqualified under any other law for the time being in force from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification: Provided that the disqualification under this clause may at any time be removed by the StateGovemment if it thinks fit.

35. Qualifications for election as a Councillor.—No person whose name is not included in the electoral roll forthe election of Councillors of a municipal area, shall be qualified to be elected a Councillor of that municipal area.

36.General disqualifications for a Councillor.—(1) Aperson shall not be eligible for election or appointment as a Councillor if such person— (a) has been adjudged by a competent court to be of unsound mind; or (b) is under twenty:one years of age; or . (c) Is an undischarged insolvent; or • (d) being a discharged insolvent, has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or [ Footnote continued on next page ] Ss. 36-40] The West Bengal Municipal Act, 1993 33 [Footnote continued from previous page] (e) holds any office of profit under the Municipality; or (O has, directly or indirectly by himself or by his partner or employer or any employee, any shareor interest in any contract or employment with, by, or on behalf of, the Municipality; or (g) is in the service of, or receives remuneration from, the Central or the State Government or the Municipality; or {h) has been elected to, orappointed under, any other Municipality orany Municipal Corporation or any Gram Panchayat or Panchayat Samiti or Zilla Parishad or the Council : Provided that notwithstanding anything contained in clause (f), no person shall be deemed to be disqualified thereunder by reason only of his having a share or interest in— (/•) any lease, sale or purchase of land or any agreement for the same; or (//•) any agreement for the loan of money or any security for the payment of money only; or (//V) any newspaper in which any advertisement relating to the affairs of the Municipality is inserted; or (/v)any incorporated or registered company which contracts with or is employed by, the Municipality. (2) If any person is or has been convicted by a criminal court of an offence, punishable with imprisonment, for a period of not less than two years, such person shall not be eligible for election or appointment as a Councillor for five years from the date of expiration of the sentence. (3) If any question arises as to whether any person or any Councillor has become subject to any of the disqualifications mentioned in sub-section (1) and sub-section (2), the question shall be referred for decision to such authorityand in such manner as may be notified by the State Government from time to time.

37. Election of intelligible persons and disqualifications subsequently in curred.—(1) Where a person electedto be a Councillor was noteligible forsuch election on account of any disqualification referred to in section 35 or section 36 or where a person incurs such disqualification subsequent to his election as Councillor, the election of such person shall be void upon the State Government making a declaration to that effect: Provided that no such declaration shall be made if the question of such disqualifi cation was raised in an election petition presented under this Chapter. (2) No act doneljy a Councillor as aforesaid while remaining in office, shall be invalid on account of his election being declared void subsequently. (3) The casual vacancy arising out of any election being declared void under this section shall be filled up in accordance with the provision of this Act.

38. Voting.—The manner of holding elections and of voting shall be such as may be prescribed: Provided that— (/) when a poll is taken at any election ofa Councillor, the voting at such election shall be by ballot to be conducted in the manner prescribed, and (//) no person shall be entitled to give more than one vote to any one candidate.

39. Corrupt practices.—A person shall be deemed to have committed an offence of corrupt practice if he commits an act relating to a corrupt practicewithin the meaning of section 123 of the Representation ofthe People Act, 1950 (43 to 1950).

40. Penal provision for corrupt practices.—Whoever commits ah offence of corrupt practice shall be punishable with imprisonment of either description for a term which may extend to one year or with fine or with both. [ Footnote continued on next page ] 34 The West Bengal Municipal Act. 1993 [Ss. 41-44 [ Footnote continued from previous page ]

41. Prosecution and appeal.—(1) No Magistrate other than a Judicial Magistrate of the first class shall take cognizance of any offence under this Chapter. — (a) except on the complaint of a person whose name is on the electoral roll; (P) unless such complaint has been made within fourteen days of— (/•) the date of declaration of the result of any election to which the offence relates, or (//•) the date on which the offence is alleged to have been committed; and (c) in the case of an offence of corrupt practice, unless the person complaining shall have deposited one hundred rupees : Provided that deposit mentioned in clause (c) shall be refunded to the complainant if the complaint is found to be true or if. for any other reason, the Magistrate or the Court of Sessions so directs. (2) An appeal shall lie to the Court of Sessions from any conviction under this section.

42. Orders of disqualification.—Every person convicted of an offence under this Chapter or of an offence punishable under the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act. 1952 (West Ben. Act X of 1952), shall be disqualified from voting or from being elected in any election to which this Act applies and from holding the office of the Chairman or the Councillor under this Act for such period, not being less than three years or more than six years from the date of his conviction, as the Court may by order determine.

43. Election petition and procedure.—(1) If the validity of any election of a Councillor is called in question by any person qualified to vote at such election, such person may. at any time within ten days immediately afterthe date ofdeclaration ofthe result ofthe election, file a petition before the District Judge ofthe district within which the election has been orshould have been held and shall, at the same time, deposittwo hundred rupees in the Court as the security for the cost likely to be incurred : Provided thatthevalidity ofsuchelection shall not be called in question in any such petition— (a) on the ground that the name of any person qualified to vote has been omitted from the electoral roll; or (b) on the ground that the name of any person not qualified to vote has been inserted in the electoral roll: Provided further that if only two candidates contested such election, the petitioner may, in addition to calling in question the election of the returned candidate, claim that if the election of the returned candidate is set aside, the /ox The provisions (2) candidateofmay the be declared Code of Civil duly elected.1908 (5 of 1908) shall apply, as Procedure. sect^n (1)^ "^stter of adjudication of an election petition under sub- ho he d«ms m,n respectofofelection.—If the District Judge, after holding such inquiry as an election petition, is satisfied that- Ch^pte'r^^^^ committed any corrupt practice within the meaning of this (b) the result of the election has been materially affected by any act or omission I" of the provisions of this Act or the rules made thereunder, or wT election has been vitiated by any offence punishable under the A ♦ 1952, Act, Bodies (Electoral Offences and Miscellaneous Provisions) he shall set aside the election of such candidate, if he has been elected, and may. if the election is set aside for any cause which is the result of any act of a candidate or his agent, declare that candidate to be disqualified for the purpose of a fresh election caused by such setting aside : (Footnote continued on n°-:t page ] Ss. 45-50] The West Bengal Municipal Act. 1993 35 CHAPTER V The Municipality and the Municipai Estabiishment

50. Oath of allegiance to be taken by Councillors.—(1) Notwithstanding anything contained in the Indian Oaths Act, 1873 (10 of 1873). every person who is elected or appointed to be a Councillor shall, before taking his seat, make and subscribe before ^[the Chairman or the Vice-Chairman or the District Magistrate or the Magistrate-in-charge] of the sub-division in which the municipal area is situated or an officer of the State Government authorised in this behalf by the District Magistrate an oath or affirmation of his allegiance to the Constitution of India in the following form : "I, A. B., having been ^[elected] a Councillor of the municipal area of—, 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 faithfully discharge the duties upon which I am about to enter." (2) Any person who, having been elected or appointed a Councillor, fails to make and subscribe, within three months of the date on which his term of office (Footnote continued from previous page ] Provided that ifthe District Judge insetting aside the election holds a candidate guilty of any corrupt practice, he may declare such candidate disqualified for contesting an election to a Municipality for a period not exceeding six years.

45. Scrutiny of votes and declaration or confirmation of result.—(1) If the election petition is confined to the question ofvalidity ofvotescast or counting, the District Judge shall, aftersuch scrutiny and computation ofvotes as may be deemed necessary, declare the result. (2) Ifthere be only twocandidatescontesting the election in dispute and the election petition contains a claim by one of the candidates for declaring him elected, the District Judge may. while deciding upon the election petition, declaresuch candidate duly elected. (3) Ifafter computation, there be an equalityof votes, among two or more candidates, the District Judge shall select one among them by drawing lots. (4) Ifthe District Judge is satisfied that noground existsfor setting aside the election or modifying the results thereof, he shall confirm the election.

46. Bar to Jurisdiction of Courts.—Save as provided in this Chapter, no Court shall entertain any application in any form whatsoever for adjudication of any matter relating to election to a Municipality.

47. -Fresh election when an election is set aside.—If an election is set aside by the District Judge, a date shall forthwith be fixed and necessary steps shall be taken for holding a fresh election for filling up the vacancy, as though it has been a casual vacancy.

48. Saving of acts done by a Councillor before his election is set aside.— Where a candidate, who has been elected to be a Councillor, is declared by the District Judge to have not been duly elected, no act done by him by virtue of the office of Councillor before such declaration, shall be invalidated by reason of such declaration.

49. Power of State Government to remove disqualifications or modify terms thereof.—Notwithstanding anything contained elsewhere in this Chapter, the State Government may, for reasonsto be recorded in writing, remove any disqualification imposed on a candidate from contesting an election toa Municipality if. in its opinion, the offence does not involve moral turpitude, ormay reduce the term ofdisqualification in any case whatsoever.".

1. Subs, bythe W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "the Chairman, the Vice-Chairman. the District Magistrate, the Magistrate-in-charge".

2. Subs, by the W.B. Act XIII of 1995. w.e.f. 5.9.1995, for "elected I appointed". 36 The West Bengal Municipal Act, 1993 [Ss. 50-51 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. ''[50A Oath of secrecy to be taken by Chairman, Vice-Chairman and members of Chairman-ln-Councll.—(1) The Chairman, the Vice-Chairman, and a member of the Chairman-in-Council shall assume office after taking the oath of secrecy in the following form : "1, A. B., do swear in the name ofGod/solemnly affirm that Iwill not directly orindirectly communicate or reveal to any person or persons any matterwhich shall be brought under my consideration or shall become known to me as ChairmanA/ice-Chairman/a member oftheChairman-in-Council except as may be required for the due discharge of my duties as such ChairmanA/ice- Chairman/member ofthe Chairman-in-Councii." (2) In the case of the Chairman, the oath of secrecy shall be administered by the District Magistrate or the Sub-divisional Magistrate in whose jurisdiction this ^behalf by the situated or an officerInofthe District Magistrate. thecase StateofGovernment authorised the Vice-Chairman or ina member of the Chairman-in-Council, the oath of secrecy shall be administered by the Chairman. SOB. First meeting of the Board of Counciiiors.—The first meeting of the s ail be^V^°"nciilors convened byafter the the general election of Councillors to the Municipality, District Magistrate or any other Executive Magistrate u orised by the District Magistrate in this behalf for election ofthe Chairman pu" ication ^"°"®®ction (1) of ofsection of the names elected17,members within thirty in thedays fromGazette OfTicial the date of under xxxn/ of 1994). Seven Bengal Municipal days' notice Elections shail be Act,the1994 given for (West Ben. Act meeting.] shall nrieet not less thanBoard once of Councillors.—(1) in every month for theThe Board ofofCouncillors transaction business: Provided that if there is no business to be transacted at any monthly meeting, airman shall give notice ofthe fact to Counciiiors. thirH^nl the members Chairman ofshall, the upon Boardarequisition in writing of Councillors, conveiby not less than one- a meeting of the Board. (3) All matters required to be decided at a meeting shali be determined by the majority of votes of the Councillors present and voting. (4) The State Government may by rules provide for such other matters relating to conduct of business of the Board of Counciiiors as are not provided in this Act.

1. Ins. by the W.B. Act XLV of 1994, w.e.f. 10.10.1994. Ss. 51A-53] The West Bengal Munipipal Act, 1993 37 "•[51 A. Quorum.—(1) The quorum necessary for the transaction of business at any meeting of a Municipality under this Act shall be one-third of the total number of ^[Councillors] of the Municipality. (2) If at any time during'a meeting of the Municipality 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 Municipality at a meeting shall, save as otherwise provided in this Act, be determined by a majority of the ^[Councillors] of the Municipality present and voting at, such meeting.]

52. Remuneration and allowances.-:—The Councillors of the municipal area including the members of the Chairman-in-Council may receive such remunera tion or allowance as may by prescribed; Provided that different rates may be prescribed for different groups of municipalfties and for different classes of functionaries in each municipality. ^[53. Municipal establishments.—(1) Save as otherwise provided in this Act, a Municipality may have the following officers: (a) an Executive Officer; 1. Ins. by the W.B. Act XLV of 1994, w.e.f. 10.10.1994. 2. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995, for "members".

3. Subs, by the W.B. Act XLV of 1994, w.e.f. 10.10.1994, for the following : "53. Municipal establishment.—(1) Save as othen/vlse provided In this Act, a Municipality may have the following officers : (a) a Municipal Secretary; (b) an Executive Officer; (c) an Engineer and an Architect; (of) a Health Officer; (e) a Finance Officer; if) an Assessor; (g) an Office Superintendent, a Head Clerk and a Head Assistant; ih) an Accountant; (/•) a Surveyor; (/) a Sanitary Inspector; ik) a Sub-Assistant Engineer; (/) such other officer as may be designated bythe State Govemment In this behalf: Provided that the State Government may reduce the number of the posts as aforesaid for any group or groups of Municipalities; Provided further that the State Government may by order redeslgnate any of the posts as aforesaid In respect of any Municipality or groups of Municipalities. (2) A Municipality shall also have such supporting staff comprising officers and employees as the Board of Councillors may consider necessary: Provided that the State Government may by rules provide for the norms regulating the size of the municipal establishments for each group of Municipalities and the categories or desigriatlons of officers and employees of each group of Municipalities.". 38 The West Bengal Municipal Act, 1993 [S. 53 (b) a Health Officer; (c) an Engineer; (d) a Finance Officer; (e) a Medical Officer; (f) a Secretary; (g) an Office Superintendent; (h) one or more than one Sub-Assistant Engineer; (;•) one or more than one Sanitary Inspector; (/) a Head Clerk; (fc) a Head Assistant; (/) an Accountant; (m) a Surveyor; (n) a Draftsman ; (o) such other officers as may be designated by the State Government in this behalf: Provided that the State Government may reduce the number of the posts of the officers as aforesaid for any Municipality: Provided further that the State Government may by order redesignate any of the posts of the officers as aforesaid in respect of any Municipality. (2) ^[Subject to the provisions of sub-section (1)] of this section, the Board of Councillors may, ata meeting, determine which of the officers referred to in sub-section (1) of this section are necessary for a Municipality, and, with the prior sanction of the State Government, create posts of such officers and fix the salaries and allowances to be paid and granted to such officers. (3) The Board of Councillors at a meeting may, subject to the norms regulating the size of the municipal establishment for each Municipality and the categories ordesignations of officers and other employees ofeach Municipality with their scales of pay as may be fixed by the State Government from time to tirne, determine what officers and other employees, other than the officers mentioned in sub-section (1), are necessary for a Municipality, create posts of such officers and other employees, and fix the salaries and allowances to be pai and granted to such officers and other employees. (4) Subject to the norms regulating the size of a munic pal establishment as may befixed by the State Government under sub-section (3), no post of an officer or other employee shall be created under sub-section (3) by the Board of Councillors of a Municipality without the prior sanction of the State Govern ment. 2[* * *]

1. Words "Until the cadre of common municipal senrice for the State isconstituted under sub section (1) ofsection 54,and subject to the provisions ofsub-section (1)" omitted by s. 14 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002.

2. Words "If the number ofposts to beso created in a year for a Municipality is more than one per cent of the total number of sanctioned posts of officers and other employees in existence in the year immediately preceding" omitted by s. 14 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002. Ss. 53-54] The West Bengal Municipal Act, 1993 39 1j* * *j (5) Notwithstanding anything contained in sub-section (1), sub-section (2) sub-section (3) or sub-section (4). the Board of Councillors of a Municipality may, with the prior sanction of the State Government, create, if it considers necessary so to do for due discharge of municipal functions, a post of an officer or other employee which is not included in the norm as may be fixed by the State Government under sub-section (3), and fix the salaries and allowances to be paid and granted to such officer or other employee. (6) Until norms are fixed under sub-section (3), no post of any officer or other employee shall be created by the Board ofCouncillors ofany Municipality without the prior sanction of the State Government.]

54. Cadre of common municipal service, appointments, etc.—^^(1) Jhe State Government may constitute cadres for the State in respect of Executive Officers, Health Officers, Engineers and Finance Officers referred to in sub section (1) of section 53. (2) The State Government shall be the appointing authority of all the officers borne in the cadres constituted under sub-section (1), and shall be authority to transfer such officers from one municipal area to another]: ^[Provided that until the cadre is constituted under sub-section (1), the Board of Councillors may, with the prior approval of the State Government, engage the officers to the posts of Health Officers and Engineers, sanctioned by the State Government, on contract basis or otherwise, and the qualifications and the recruitment procedure for such engagement shall be such as may be prescribed:

1. Proviso "Provided that the number of posts so admissible for creation in a year without the prior sanction of the State Government after the commencement of this Act, if not created in that year, may be carried forward to the next year, subject to a minimum of one and a maximum of ten" omitted by s. 14 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002.

2. Subs, by s. 15 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002, for former sub-sections (1) arid. (2) as follows : "(1) The State Government may constitute a cadre of common municipal service for the State in respect of such officers of the municipal establishment referred to in sub section (1) of section 53 as may be determined by it from time to time. (2) The Director of Local Bodies shall be the appointing authority of all officers and employees borne in the cadre of common municipal service. The Directorof Local Bodies shall be the authority to transfer the officers and employees of the cadre of common municipal service from one municipal area to another: Provided that until the cadre of common municipal service for the State is constituted under sub-section (1), no appointment of any officer, other than an Executive Officer, Health Officer, Engineer or Finance Officer, referred to in sub-section (1) of section 53, shall be made by a Municipality without the prior approval of the State Government. Explanation.—"Director of Local Bodies" shall mean any person appointed as such by the State Government by notification for all or any of the purposes of this Act, and shall include a Deputy Director of Local Bodies or Assistant Director of Local Bodies appointed under sub-section (2) of section 425.".

3. Provisos added by s. 9 of the West Bengal Municipal (Amendment) Act, 2004 (W.B. Act VIII of 2004), w.e.f. 15.9.2004. 40 The West Bengal Municipal Act, 1993 [Ss. 54-55 Provided further that the remuneration for such engagement shall be paid from the Munidpal Fund.] (3) The appointment ofall other officers and employees '•[, not included in sub-section (1)] shall be made by the Municipality ^[with the prior approval of the State Government.) 4[(3A) The recruitment to i ie posts of officers and other employees not required to be made through the Municipal Service Commission constituted under sub-section (1) of section 55, shall be made through the local employ ment exchange or through such other method as the State Government may determine from time to time.) .(4) Save as othen/\^ise provided in this Act, the State Government may by rules provide for the ^[qualification for] appointment, conditions of service and other allied matters relating to the officers and employees of Municipalities. ®[(5) Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, butsubject to the provisions of sub-section (2), the Board of Councillors may, by resolution, decide to engage, on contract basis with the. prior approval of the State Government, officers and other employees of a Municipality against such posts of such officers and other employees as may be created under section 53: Provided that the remuneration for, and the other terms and conditions of, such engagement shall be such as the State Government may approve.]

55. Municipal Service Commission.—(1) The State Government may constitute a Municipal Service Commission consisting of a Chairman and two other members for selection of such personnel of municipal officers and employees as may be prescribed. ^[Provided that the Municipal Service Commission constituted under sec tion 26 of the Kolkata Municipal Corporation Act, 1980.(West Ben. Act LIX of 1980), shall byvirtue of the provisions contained in the said section of the said Act, select such personnel for the Municipalities, Notified Area Authorities and the Industrial Townships constituted under this Act, as the State,Government may, by notification determine.]

1. Ins. by s. 15 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002.

2. Ins. by s. 3 oftheWest Bengal Municipal (Amendment) Act, 2003 (W.B. Act XIII of 2003), w.e.f. 1.10.2003.

3. Proviso which were added by the W.B: Act XLV of 1994, w.e.f. 10.10.1994, omitted by s. 15 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002, the former Proviso read as follows : "Provided that the State Government may determine the category and the scale of pay ofa post towhich no appointment sliall be made bythe Municipality without the prior sanction of the State Government even though the creation of such post Is within the limit of one per cent of the total number of sanctioned posts of officers and other employees In existence In the year immediately preceding.". 4. Ins. by the W.B. Act XLV of 1994, w.e.f. 10.10.1994.

5. Subs, by ibid, w.e.f. 10.10.1994, for "mode of".

6. Subs-sec. (5) ins. by the W.B. Act XXII of 2000, w.e.f. 1.9.2000.

7. Proviso added by s. 8 ofthe W.B. Municipal (Amendment) Act, 2006, (W.B. Act XXII of 2006). w.e.f. 1.10.2006. T Ss. 55-59] The West Bengal Municipal Act, 1993 41 (2) The State Government may also by rules provide for— (a) the salaries, allowances and conditions of service of the Chairman and other members of the Municipal Service Commission, (b) the manner in which the Municipal Service Commission shall perform the duties imposed upon it by or under this Act, (c) the number of officers and otheremployees of the Municipal Service Commission and their salaries and allowances, and {d) the terms and conditions of service including discipline, and contrpi and conduct of officers and other employees of the Municipal Service Commission. '*[55A. Municipal Vigilance Authority.—(1) The Municipal Vigilance Authority appointed under sub-section (1) of section 27A of the Kolkata Municipal Corporation Act. 1980 (West Ben. Act LIX of 1980) (hereinafter referred to in this section as the saidAct), shall, by virtue ofsub-section (1) and sub-section (6) of section 27A of the said Act, enquire into any complaint of corruption, misconduct, lack of integrity or any other kind of malpractice or misdemeanour on, part of any officer or other employee ofa Municipality as and when required by the Board of Councillors concerned.]

56. Salaries and allowances of officers and empioyees.—(1) All officers and employees of a Municipality including the officers referred to in section 53 shall receive salaries and allowances out of the Municipal Fund: Provided that the State Government may make such contribution towards the salaries and allowances as it may, from time to time, determined by an order. (2) The Municipality may also provide for pension, gratuity, provident fund, incentive, bonus, reward or penaltyfor its officers and employees in accordance with such rules, norms, scales and conditions as may be prescribed.

57. Leave and other conditions of service.—^All officers and employees of the Municipality shall be subject to such conditions of service including leave and other benefits or obHgations, not specifically provided for in this Act, as may be prescribed.

58. Compulsory retirement of municipal officers and other employ ees.—(1) Notwithstanding anything contained in this Chapter or elsewhere in this Act or in any rules made thereunder, a municipal officer or other employee 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 municipal officer or other employee shall be re-employed after retirement in any post without the prior sanction of the State Government.

59. Power to declare essential service in municipalities.—Notwithstand ing anything to the contrary contained in any other law for the time being in force, the Board of Councillors may, with the sanction of the State Government, declare any cadre or class of municipal employees to be in essential service

1. Ins. by s. 16 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002.

2. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995, for "the date on which" 42 The West Bengal Municipal Act, 1993 [Ss. 59-60A and upon such declaration, no employee of such cadre or class shall withdraw from his duties without the permission of the Chairman and, in no case, without giving prior notice of clear thirty days to the Chairman of his intention so to do. I[60. Appointment of officers of State Government for Municipalities.— Notwithstanding anythjng contained elsewhere in this Act, the State Govern ment may appoint an officer of that Government possessing such qualifications as may be determined by it for a Municipality or group of Municipalities as Executive Officer, Health Officer, Engineer or Finance Officer referred to in sub section (1) of section 53 or with such designation as the State Government may consider necessary, in such manner, and on such terms and conditions of service, as may be determined by the State Government in this behalf. The expenditure on account of salaries and allowances of any such officer shall be borne by the State Government: Provided that the officer so appointed shall be under the administrative control of the Board of Councillors of the Municipality and may be withdrawn by the State Government suo motu or if a resolution to that effect is passed by the Councillors at a meeting called for this purpose by a majority of the total number of members holding office for the time being and, in the case of a group of Municipalities, if such resolution is so passed by the Councillors of the majority of such group of Municipalities.] 2[60A. Powers and functions of Executive Officer and Finance Officer.— (1) The Executive Officer shall be the principal Executive Officer of the Municipality and all officers and other employees of the Municipality shall be subordinate to him. ^[He shall be present at a meeting of the Councillors or of any committee] to make a statement or to explain facts, but he shall not vote for or against, or make, any proposition at such meeting.

1. Subs, by the W.B. Act XLV of 1994, w.e.f. 10.10.1994, for the following : "60. Enlargement of municipal establishment and recruitment.—(1) Subject to the size ofa municipal establishment as determined undersection 53, no person shall be appointed by any Municipality without the prior sanction ofthe State Government, if it means the enlargement ofestablishment by more than one per cent per year ofthe total number of sanctioned strength of the officers and employees existing in the year immediatelypreceding: ^ Provided that the admissible enlargement of sanctioned strength in any year, if not filled up in that year, may be carried forward to the next year, subject to a minimum of one for that year and a maximum of ten ; Provided further that the State Government may prescribe the category or scale of pay of posts to which no appointment shall be made without the prior sanction of the State Government even though the creation of such posts are within the admissible limit of one per cent as aforesaid. (2) Recruitment to the posts of officers and employees not made through the Municipal Service Commission constituted under this Act, shall bemade through the local employment exchange or through any other method as may be decided by the State Government from time to time.".

2. Ins. by the W.B. Act XLV of 1994. w.e.f. 10.10.1994.

3. Subs, by the W.B. Act XXII of2000, w.e.f. 1.9.2000, for "He may be required to be present at a meeting of the Councillors or of any committee by the Chairman.". Ss. 60A-62] The West Bengal Municipal Act, 1993 43 (2) Subject to the supervision and control of the Chairman, ""[the Executive Officer shall exercise such powers and perform such functions] 2[as may be prescribed.] ^[(3) Subject to the supervision and control of the Chairman, the Finance Officer shall exercise such powers and perform such functions "^[as may be presented] ®[(4) In the case ofabsence ofthe Executive Officer orthe Finance Officer, for any reason, the powers of the Executive Officer or the Finance Officer, as specified in the foregoing provisions of this section or elsewhere in this Act or the rules made under this Act, shall be exercised by the Chairman or by the Vice-Chairman or by any Councillor or by any officer of the Municipality as may be nominated by the Chairman in this behalf.]

61. Classification, control and appeal.—(1) The Chairman shall be the executive head of the municipal administration and shall exercise control over all officers and employees in the matter of discipline. (2) The Chairman may delegate his power to any other member of the Chairman-in-Council or an officer of the Municipality in such manner as he may specify by an order. (3) The punishment for breach of discipline may include dismissal from service, reduction in rank, withholding of increment, suspension including suspension pending proceedings, fine and censor. ®[(4) In all disciplinary matters involving dismissal from service and reduc tion in rank, an appeal shall lie before the Board of Councillors which shall be the appellate authority. (4A) No disciplinary action shall be taken by a Municipality against any officer borne in cadre of common municipal service for the State constituted under sub-section (1) of section 54 or any officer of the State Government appointed for a Municipality or group of Municipalities under section 60.] (5) The State Government may by rules provide for the norms of conduct of the officers and employees of that Municipalities and such other matters regarding discipline and control as it may think fit.

62. Appointment of a Pay Review Committee.—Notwithstanding anything contained elsewhere in this Act, the State Government may, if it considers 1. Subs, by the W.B. Act XXII of 2000, w.e.f. 1.9.2000, for "the Executive Officer and the Finance Officer shall exercise such powers and perform such functions".

2. Subs, by s. 17 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002, for "in the matter of municipal establishment and in other matters as may be notified by the State Government from time to time.".

3. Sub-sec. (3) ins. by W.B. Act XXII of 2000, w.e.f. 1.9.2000.

4. Subs, buy S. 17 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002, for "in the matter of municipal finance and in other matters as may be notified by the State Government from time to time.".

5. Ins. by s. 17, ibid, w.e.f. 2.9.2002.

6. Subs, by the W.B. Act XLV of 1994, w.e.f. 10.10.1994, for the following : "(4) In all disciplinary matters involving dismissal from service and reduction in rank, an appeal shall liebefore the Board ofCouncillors from an orderpassed by the Chairman or his delegate and, in all other cases, the appellate authority shall be the Chairman or his delegate ". 44 The West Bengal Municipal Act. 1993 [Ss. 62-63 necessary for the purpose of rationalising the scale of pay and other terms and conditions of service, including leave and retirement benefits, in respect of all or any category of municipal officers and employees, appoint a Pay Review Committee, and the decision of the State Government upon the recommendations of such committee shall be binding on all. CHAPTER VI Powers and Functions

63. Obligatory functions.—It shall be the obligatory duty of every Municipality to make reasonable and adequate provision for the following matters within the territorial limits of the municipal area and the financial means at its disposal: (1) in the sphere of public works,— (a) providing by itself or by an agency, means for supply of water for public and private purposes; (jb) 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) construction, maintenance, alteration and improvement of public streets and street furniture, bridges and culverts, fly-overs. subways 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 slauohter houses and the regulation of all markets and slaughter housel (/) maintenance of all monuments vested in the Municipality 1[(/) providing by itself or by an agency, means of supply of water for fire- fighting purposes,] (2) in the sphere of public health and sanitation, — (a) collection, removal and disposal of solid wastes includino filth rubbish and other obnoxious or polluted matters; mth, (b) disposal of solid and liquid wastes consistent with efforts to cause recovery and re-use of all that can be salvaged; (c) reclamation of unhealthy localities, removal of noxious vegetation and abatement of all nuisances; (d) regulating and abating offensive and dangerous trades or practices; (e) cleansing of public streets and other public places; (0 ensuring the wholesomeness of water supplied for drinking and domestic purposes; (g) maintenance of all public tanks and regulating the re-excavation, repair and up-keep of all private tanks, wells and other sources of water supply on such terms and conditions as the Municipality may deem proper; Ins by the W.B, Acf XIII of 1995. w.e.f. 5.9.1995. S. 63] The West Bengal Municipal Act, 1993 45 (/?) provide for places for the disposal ofthe dead and the regulation and maintenance of such places; (/•) measures for preventing and checking the spread of dangerous diseases; (/) immunisation including public vaccination and inoculation; (/c) removal and disposal of the unclaimed dead bodies and carcasses of all dead animals; (/) abatement of nuisances from birds and animals including dog menace; (m) conversion of all service privies into sanitary latrines and providing adequate facilities for sanitation so that open defecation may be completely done away with; (3) in the sphere of town planning and development, — (a) devising town planning within the limits of the municipal area in accordance with the laws relating to town planning for the time being in force; {b) planned development of the borders of the municipal area in accordance with the laws 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-operation of all overground rights enjoyed by service agencies; ig) 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 areas; (/) re-development of congested areas for providing better living conditions; (/) planned development of new areas for human settlement; (/c) preservation of monuments and places of historical, artistic and other importance; (/) 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 preparation and maintenancefrom time to time of survey maps and plans of the town and other records relating to survey; (b) removal of unauthorised encroachment on, or obstruction and projections in or upon, streets, bridges and other public places; (c) securing or removal of dangerous buildings and places; (of) registration of births and deaths; (e) providing boundary marks for the municipal area; (0 drawing up an Annual Administration Report on the activities and performances of the Municipality and submission, in the manner prescribed, of such report to the State Government; 46 The West Bengal Municipal Act, 1993 [ Ss. 63-64 (g) compilation and maintenance of records and statistics relating to the administrative functions of the Municipality; {h) maintenance and development ofall properties vested in or entrusted with the management of the Municipality; (/) checking the construction of unauthorised buildings and pulling down unlawful constructions; (/) ensuring the stoppage of wastage of water supply and other civic facilities; (k) protecting public properties in general and civic properties in particular, (/) abatement of pollutions of all kinds; \{m) measures as may be required for fire prevention and fire safety under the West Bengal Fire Services Act, 1950, and the rules made thereunder;] (n) providing for adequate training facilities for the municipal employees and equipping and motivating them for public service; (o) observance of occasions of national importance.

64. Discretionary functions of the Municipality.—^A Municipality may, at its discretion, provide, either wholly or partly, out of the municipal property and fund, for the following matters within the limits of the municipal area : (1) in the sphere of public works, — (a) giving relief to, and establishing and maintaining, in time of ^[famine, flood or earthquake], relief works for, destitute persons within the limits of the municipal area; (b) construction or maintenance of, or providing or giving aids for, passengers' sheds, libraries, museums, community halls, offices, godowns, shops, markets, dharmashalas, rest houses, sports complex, place of entertainment; swimming pools, public wash houses and bathing places and homes for the disabled and destitute and other public buildings designed for convenience of the community; (c) construction and maintenance of old age homes and orphanagos, domiciliary care of the sick, orphan, destitute and aged people; (o) construction or maintenance of, or providing aids to, hospitals, ispensaries, asylums, rescue homes, maternity houses, and child welfare centres; (e) construction, purchase, organisation, maintenance, extension and management of mechanically propelled transport facilities for the conveyance of the public; (f) construction, maintenance, repair, and purchase ofany works for the supply of electrical energy or gas; (g) construction of dwellings for the inhabitants, specially low-cost dwellings for the socially backward classes of citizens;

1. Subs, bythe W.B. Act XIII of 1995, w.e.f. 5.9.1995, for"(m) preventing measures against fire and assistance to fire extinction".

2. Subs, by the W.B. Act XLV of 1994, w.e.f. 10.10.1994, for "famine and scarcity". S. 64] The West Bengal Municipal Act, 1993 47 (/?) providing accommodation for all classes of employees of the Municipality; (2) in the sphere of education,— (а) establishing and maintaining pre-primary schools such as balwadies and creches; (б) 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 of public health and general welfare by organising discourses, seminars and conferences; (0 publication of municipal journals, periodicals and souvenirs, purchase of books and subscription to journals, magazines and newspapers; (3) in the sphere of public health and sanitation,— (a) construction and maintenance of cattle pounds; (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; (/•) setting up of milk dairies or farms (but not khatals) 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) organisation, establishment and maintenance of art galleries and botanical or zoological collections; (e) construction and maintenance of garages and sheds and stands for vehicles; (0 measures for eradication of addiction of all kinds like liquors and drugs; (g) 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-operative societies and, in particular, housing co-operative societies, and assistance to such co-operative societies in 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; 48 The West Bengal Municipal Act, 1993 [Ss. 64-65 (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, pisciculture, horticulture, poultry and improvement of cattle breed; {h) assistance to small-scale and cottage and craft industries; (/) programme for liberation and rehabilitation of scavengers and their families; (/) income-generating activities, particularly for the women belonging to backward classes of citizens; ( ) collection of statistics and data significant to the community; '"t®9ration of the development plans and schemes of the town with (61 a ^'jl's^rict or regional development plan, if any; of this sec?^'^^ 'V- taking all measures not specified in the foregoing provisions education or promote public safety, health, convenience, n64A. "Citizen?- Citizens' Charter cont Board of Councillors shall publish a fiSsn ^'|hin which civic services shall be provided and the issued^' under the provisions of this Act, shall be the ma ,P®'"'Tiissions, sanctions shall be granted, subject to {b) the civir"^"'^ determined in this Act, if any; and ^^pianation to be provided by the Municipality to the citizens, include roads and T Purposes of this sub-section "civic services" shall grounds, water and i spaces, parks, recreational grounds, play- other utilities servio.:.^ supply, street lighting, sewerage, drainage, and (2) The pren r conveniences, such manner Publication of Citizens' Charter shall be done in ^[64B. PubMc orsn, ' (a) the audited p,®"'"®:—C) Every Municipality shall publish,-- yearly basi«s Statements and Cash Flow Statement on a half tourth Quart' months from the end of the second and (b) financial staT ^ from the dat^"^^"^^ financial year, within three months (c) such other d^ ^o'^^Pletion of audit; and Municinaiih, relating to development programmes of the (2) The manner of prescribed, be prescribed.] Publication under sub-section (1) shall be such as may

65. Transfer of fun anything contained in th^ Government.—(1) Notwithstanding the State Government — subject to such conditions as it may think fit to 1 Ins. by s. 9 of thewV^ii77~~T" 1.10.2006 ' " ""'C'Pal (Amendment) Act, 2006. (W.B. Act XXII of2006), w.e.f. ^ we f'^V6 loOsT (Amendment)Act. 2009 (W.B. Act I I of2009), Ss. 65-66] The West Bengal Municipal Act, 1993 49 impose, transfer, by an order, published in the Official Gazette, to a Municipality any such functions and duties relating to Government under any law 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 a municipal area being of an administrative character, and shall, on such transfer, allot to the Municipality such fund and personal as may be necessary to enable the Municipality 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 Municipality such functions and duties as are performed by the departments of the State Government on any of the following matters : (a) town and country planning; {b) urban development; (c) water supply and sanitation; (cf) transport system including regulation of traffic terminus; (e) 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; (/) cottage and small-scale industries, business and services including programme for skill development; (/) education including primary education, adult education, vocational education, social education, non-formal education, audiovisual education and library services; {k) food and supplies including rationing and distribution; (/) civil defence; (m) fire protection and fire fighting; (/?) sports and youth services; (o) welfare of the Scheduled Castes and the Scheduled Tribes; (p) environmental safety and improvement; (g) social forestry and plantation programme. (3) Where any function or duty under any law is so transferred, such law shall have effect as if this section had formed a part of such law, and thereupon such law shall be deemed to have been amended accordingly.

66. Power to transfer any function of Municipality under the Act to any organisation.—Notwithstanding anything contained in this Act or in any other law for the time being in force, the Municipality may, if it is of opinion that it is necessary so to do in the public interest transfer ""[by contract or otherwise] with the prior approval of the State Government, any function or functions of the Municipality under this Act to any [individual or] organisation, including a Government organisation, in such manner, and on such terms and conditions, 2[as may be determined by the Board of Councillors and approved by the State Government;]

1. Ins. by the W.B. Act XXII of 2000. w.e.f. 1.9.2000.

2. Subs, by ibid, w.e.f. 1.9.2000 for "as may be prescribed" 50 The West Bengal Municipal Act. 1993 [Ss. 66-66A [Provided that such transfer of function or functions of the Municipality to such organisation shall not absolve the Municipality from the responsibility of carrying out the provisions of this Act in relation to the function or functions so transferred.] Explanation.—"Government organisation" shall mean an organisation maintained or managed by the State Government. 2[66A. Powers of the Municipality to enter into any business or venture.—(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Board of Councillors may, with the prior approval of the State Government, enter into any business alone, or a Joint Venture, or Partnership Business with any individual or organisation, on such terms and conditions as may be decided by the Board of Councillors and agreed to by the partner or partners of such Joint Venture or Partnership Business after being approved by the State Government. (2) The Municipality may, with the prior approval of the State Government, invest the Municipal Properties, under section 75, in the Joint Venture or Partnership Business mentioned in sub-section (1). (3) For financial investment from the Municipal Fund, either in any business proposed to be done by the Municipality alone or in the Joint Venture or Partnership Business mentioned in sub-section (1), existence of one of the following conditions shall be mandatory (a) the Municipality shall not have any deficit budget in the three preceding consecutive financial years; or (b) the Municipality shall be sure of earning profit from such Joint Venture or Partnership Business before completion of one year from the date of entering into such venture or business; or (c) the fund is required to be used for saving a certain Municipal Property, and the Board of Councillors is sure ofearning profit within a period of five years from the date of such investment. (4) After entering into any business alone or Joint Venture or Partnership Busings, the Municipality shall send report once in every six months to the Sta e overnment detailing the progress of such business or Joint Venture or Partnership Business. (5) If any Muriicipality, without showing proper reason, fails to fulfil the conditions specified in sub-section (3), the State Government may, by order, withdraw the Municipality from such business or Joint Venture or Partnership Business, and State Government may compensate, the other partner or partners ofsuch business orJoint Venture or Partnership Business or any other person or organisation affected by the loss made in such business or Joint Venture or Partnership Business by deducting from the fund of the Municipality concerned, after being satisfied that such loss has been caused by the default of the Board of Councillors.] 1 Proviso added by the W.B Act XIII of 1995, w.e.f. 5.9.1995.

2. Ins by 3 18 of the W8. Act XVI of 2002, w.e.f. 2.9.2002. PART III FINANCE CHAPTER VII Municipal Fund

67. Municipal Fund.—There shall be constituted for each Municipality a fund to be called Municipal Fund to be held by the Board of Councillors in trust for the purposes of this Act, and all moneys realised or realisable under this Act and all moneys otherwise received by the Municipality shall be credited thereto.

68. Custody of Municipal Fund.—All moneys received on account of the Municipal Fund shall be paid into a Government treasury or into any bank in the municipal area, and shall be credited to an account to be called the account of the Municipality to which they belong; Provided that the Chairman-in-Council may invest moneys not required for immediate use, either in Government securities or in any other form of security which may be approved by the State Government or in fixed deposit in the State Bank of India or in any nationalised bank or State Co-operative Bank, or in any other form as the State Government may direct. ^[Explanation.—SXaXe 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.]

69. Application of Municipal Fund.—(1) All moneys credited to the Municipal Fund from time to time 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 law for the time being in force. (2) No payment of any sum shall normally be made out of the Municipal Fund unless such expenditure is covered by a current budget grant and a sufficient balance of such budget grant is available for the purpose. (3) Whenever any sum is paid for the purposes not covered by the budget grant, the matter shall forthwith be communicated to the Chairman-in-Council who shall 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.

70. Exclusive use of fund for a particular purpose.—Nothwithstanding anything contained elsewhere in this Act, the State Government may require a Municipality to earmark a particular portion of the Municipal Fund or a particular grant or a part thereof, or any item of receipt under any head or any percentage thereof, or any share of tax receivable by the Municipality under any other law for the time being in force or any part thereof, to be utilised exclusively for any specified purpose, and it shall be mandatory on the part of the Municipality to follow the same. The State Government may also formulate separate sets of rules for observance by different groups of Municipalities in this regard.

1. Added by the W.B. Act XIII of 1995. w.e.f. 5.9.1995. 51 52 The West Bengal Municipal Act, 1993 [Ss. 70A-70B VOA. Constitution of Non-iapsabie Basic Services for Urban Poor Fund—The Municipality shall create a separate fund called "Basic Services for Urban Poor Fund" for delivery of basic service to the urban poor within their respective jurisdiction including the inhabitants of the slum areas. (2) A minimum of twenty-five percent of the funds within the budget of the Municipality shall be earmarked and used for providing basic services to the* urban poor, including inhabitants of slum areas on a yearly basis. The allocation to the fund shall be made from all or any of the following municipal budgetary resources:— (a) own source of revenue, e.g. taxes, fees, charges and rent; (b) assigned revenues; (c) allocations from the Central Finance Commission and the State Finance Commission or other inter-Governmental transfers; (d) contributions in cash or kind, gifts from individuals, organizations, donors for services ofthe poor; (e) grants from externally aided projects; (f) sale of municipal assets; (g) other sources as determined by the Board of Councillors. Explanation I.—For the purposes of this section, any grant or contribution by whatever name called, received by the Municipality which is exclusively for e de^lopment of slum areas shall not be a part of the Basic Services for Urban Poor Fund. nI //—For the purposes of this section 'basic services* shall I?Mnni ^ capital and revenue account directly incurred on water manJ' s®w®rage, construction connecting roads, of community street lighting, public parkstoilets, solid waste and playgrounds, ssprvir^r h"? Centers, affordable housing for poor, and other pvnpncp^^- the Municipality but shall not include establishment deiivprv oT •envery nf hf" basic services to thewages, poor. not directly and specifically incurred for 70a (I^^Thp^^'n^ P^'ocess and nature of the fund created under section utilization or provldhThpc ^^services to the urban poor including the inhabitants of slum areas sh Municipality alonaZh th! budget of the purpose corresponding figures for the previous year for the thp smnnflf nature of a non-lapsable fund. In the event of transferred ciihcpniipnf to the'municiMM*^undn'f®' ' but carried forward for utilization in the rnnciidprpd iryaHHT' s h a l lallocation in the subsequent years shall be not be reduced by the unspent funds of the previous year. ^ 'T20i'i) ^ (Second Amendment) Act, 2011 (W.B. Act XVI Ss. 70C-73] The West Bengal Municipal Act. 1993 53

70C. Management of fund under section 70A, and keeping accounts thereof.—(1) A separate Bank Account shall be opened with a Nationalized Bank called 'Basic Service for Urban Poor Fund' account wherein funds earmarked under section 70A shall be periodically deposited ensuring that the yearly allocation is equal to the allocation as in the municipal budget. (2) For keeping of accounts of the fund created under section 70A, the Municipality shall maintain separate primary books of accounts with detailed accounting heads in the line with the provisions of the rules made under this Act in line with the National Municipal Accounts Manual for operation of special fund accounts.]

71. Financial assistance from the State Government.—(1) The State Government may, from time to time, give grants or financial assistance to a Municipality with or without direction as to the manner in which the sum shall be applied. (2) The State Government may also lay down a pattern for distribution of such grants or assistance which may include the conditions of release of grants and classification of Municipalities for the purpose. I[(3) The State Government shall give grants to a Municipality or Notified Area Authority for implementation in full or in part of any scheme included in the Annual Development Plan.]

72. Loans.—(1) Subject to the provisions of the Local Authorities Loans Act, 1914 (9 of 1914), the Municipality may, with the prior permission of the State Government, obtain loan from any public financial institution or any nationalised bank or such other lending institution as the State Government may approve in this behalf, and the State Government may, if it considers so necessary, stand as the guarantor for payment. (2) The State Government may advance from the public funds or stand as guarantor for funds from any financial institution on the security of the Municipal Fund and, in the case of a joint scheme, on the security of the Municipal Fund and the fund of other local authorities, if any, to provide for the cost of installation or maintenance relating to any project or scheme for civic services and such advance shall be recoverable under the Local Authorities Loans Act, 1914 (9 to 1914) and the rules made thereunder. (3) The State Government may require the Municipality to observe such financial discipline in the matter of debt servicing, including creation of a sinking fund, as the State Government may think fit and proper and, in doing so, the State Government may prescribe different sets of rules for observance by different groups of Municipalities.

73. Power to incur expenditure beyond the limits of a Municipality.— Notwithstanding anything contained elsewhere in this Chapter, the Board of Councillors may, with approval of the State Government, authorise expenditure to be incurred beyond the limits of municipal area for creation of physical assets outside the limits of such municipal area as well as for maintenance thereof for carrying out the purposes of this Act.

1. Ins. by the W.B. Act XXXII of 1997, w.e.f. 15.3.1998. 54 The West Bengal Municipal Act, 1993 [Ss. 73A-75 ''[73A. Approval of State Government in respect of works etc. estimated to cost more than rupees twenty-five lakh.—No expenditure for any work or for purchase ofany materials, as may be necessary for the purpose of this Act, shall be made by the Chairman, if the estimated cost of such work or purchase of such materials exceeds rupees twenty-five thousand, by the Chairman-in- Council, ifcost ofsuch work or purchase of such materials exceeds rupees one lakh fifty thousand, and by the Board of Councillors if cost of such work or purchase of such materials exceeds rupees twenty-five lakh : Provided that where the estimated cost of such work or purchase of such materials exceeds rupees twenty-five lakh approval of the State Government shall be obtained.] ' CHAPTER VIII Municipal Property for i acquire and hold property.—The Board of Councillors shall, othprv!ico"'^^°/fpower to acquire, by gift, purchase or Whether wth,n or° outside whethpr the and "T^ovable limits of the municipal immovable propertyarea. or any interest therein, law for thVI?mrk'''^°''.®'^^*~~'^°^'^^standing anything contained in any other Xwinrca;egort"l;;[r?h•^ Municipality, unless the 4=1 ®municipal area shall vest in the the Official 'Gazette • Government otherwise directs by a notification in ^^ or "o* belonging to any Government department body or corporation c) a ouh ° wells; S) \a) a ail ouh ' sewerc -i^'^•"ghter houses; . . public cour«;p<s in V drams, channels, tunnels, culverts and water (e) all public strSnf' and also trees Pavements, stones and other materials thereof, any private ind °ri^^^^ Public streets or pavements not belonging to (0 ail public parkTanH' spaces; Qardens, including squares and public open (9) all public ghats on r- (") all public lamos b appertaining theretoapparatus connected therewith, or Subs, by s. 4of the WestRlTT w.e.f. 1.6.2009. which wac '^""'cipal (Amendment) Act, 2009 (W.B. Act III of2009), "73A. Approval of slTn' ^ cost more than rupees fiv i ®vernment In respect of work etc. estimated to any material as may be nece —expenditure for any work or for purchase of the approval ofthe Board of purposes of this Act shall be made without or purchase exceeds rupees ata meeting, if the estimated cost ofsuch work Provided that where the but does not exceed rupees five lakh : five lakh, approval ofthe Statn Pui'^base exceeds rupees Government shall be obtained.". Ss. 75-79] The West Bengal Municipal Act, 1993 55 (/) all public places for disposal of the dead, excluding those governed by any specific law in this behalf; (/) all solid and liquid wastes collected on a public street or public place, including dead animals and birds; (k) all stray animals not belonging to any private persons.

76. Acquisition of property by a Municipality by agreement, exchange, lease, grant, etc.—(1) The Board of Councillors may, on such terms and conditions as may be approved by it, acquire by agreement— (a) any immovable property, (b) any easement affecting immovable property. (2) The Board of Councillors may also acquire a property by exchange on such terms and conditions as may be approved by it. (3) The Board of Councillors may also hire or take on lease immovable property on such terms and conditions as may be approved by it from time to time. (4) The Board of Councillors may receive, on behalf of the Municipality, any grant or dedication by donor, whether in the form of any income or any movable or immovable property, by which any obligatory or discretionary function of the Municipality may be benefited. (5) It shall be lawful for the Municipality to be the beneficiary of any trust created under the Charitable and Religious Trusts Act, 1920 (14 of 192C), or the Indian Trusts Act, 1882 (2 of 1882).

77. Compulsory acquisition of land.—(1) When any land, whether within or outside the limits of a municipal area, or any easement affecting any immovable property vested in the Municipality, is required for any public purpose under this Act, the State Government may, at the request of the Board of Councillors, proceed to acquire it under the Land Acquisition Act, 1894 (1 of 1894) (2) The Board of Councillors shall be bound to pay to the State Government the cost including all charges in connection with the acquisition of the land under the Land Acquisition Act, 1894 3[78. * * *]

79. Special provisions for acquisition of lands adjoining streets.— Whenever the Board ofCouncillors makes a request '^[to the State Government] for acquisition of land for the purpose of providing a new street or for widening

1. Omitted by the W.B. Act XXX of 1994, w.e.f. 13.7.1994,", or to proceed under the West Bengal Land (Requisition and Acquisition) Act. 1948 (West Ben. Act II of 1948). or any other law for the time being in force".

2. Omitted by the W.B. Act XXX of 1994, w.e.f. 13.7.1994, "or any other law for the time being in force, as the case may be."

3. Omitted by ibid, w.e.f. 13.7.1994, which stood as under: "78. Power of Chairman to act as Collector for acquisition.—Notwithstanding anything contained in the West Bengal Land (Requisition and Acquisition) Act. 1948, the Chairman may be appointed by the State Government to perform the functions of the Collector under the said Act.".

4. Ins. by ibid, w.e.f. 13.7.1994. 56 The West Bengal Municipal Act, 1993 [Ss. 79-81 orimproving an existing street, itshall be lawful for the Board of Councillors to apply ""[to the State Government] for the acquisition of such additional land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of building to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this Act.

80. Disposal ofproperty.—The property belonging to a Municipality may be disposed of in the manner provided in this section, namely— (a) the Chairman-in-Council 2[may sell, or grant lease of, or otherwise dispose of, by public auction, any movable property] belonging to the Municipality; 3| ***j [(b) the Board of Councillors, with the prior approval of the State Government, may, for valuable consideration, let out on hire, grant ease of, or sell or otherwise transfer, any immovable property eonging to the Municipality but not required for carrying out the purposes of this Act;] (c) the Municipality shall not transfer any immovable property vested in rnntrni'i Act, but Shall cause the same to be maintained, anH regulated in accordance with the provisions ofthis Act Provided thl the disposal of sucifimm! regulations made thereunder: may authorise, in the public interest, Councillors so reouiree Praperty by the Municipality if the Board of

81. Inventory rnronir-""' Council the Shall maintain Municipality in suchan- ^ of the Municipality.--(l) The Chairman-in- movable and immovable properties of (2) jhe cha" manner as may be prescribed, immovable propert^ntoi?'^°""^''annual statement and place the samp in the case of the inventory of an along with references therein (3) Such state^r: administration report nf ♦u . included as an. appendix to the annual Municipality. 2.^ Subs..by ''I '— the W.B. Act Xlll — ''3T.1994. of, by sale, lease or othpru°^ 5.9.1995, for "may, in Its discretion, dispose

3. Proviso omitted by the w "novable property". Government may by rules 5.9.1995, "Provided that the State of sale, shall require the value which, if it increases during the process

4. Subs, by ibid, w.e.f. 5g sanction of the State Government.". "(b) the Board of Councillo following : ' or sell or otherwise trSi^J^^' valuable consideration, let ouf on hire, give in lease, carrying out the purpos^ ' immovable property belonging to the Municipality Provided that the st " sale and specify the val ®°^®' nment may by rules prescribe the mode of such require the prior approva[*^f^'^'^'^' increases by way of consideration, shall of the StatA rtirtKArnmont in thls behalf Ss. 82-84] The West Bengal Municipal Act. 1993 57 CHAPTER IX Budget, Accounts and Audit

82. Annual Budget Estimates of a Municipality.—(1) The budget estimate of a Municipality for a year shall be prepared in the prescribed form and presented before the Board of Councillors at a meeting, specially convened for the purpose, not later than the tenth day of March every year: Provided that no deficit shall be shown in the budget estimate so prepared. (2) The budget estimate for the ensuing year shall be adopted after discussion by the Board of Councillors within two weeks of presentation. (3) A copy of the budget estimate adopted by the Board of Councillors shall be sent to the Director of Local Bodies for information and shall be available for inspection by the members of the public in the manner prescribed. (4) A revised budget for the current year shall be framed in the prescribed form during the middle of the year and presented before the Board of Councillors for adoption after the first day of October, but not later than the thirty-first day of December, each year. (5) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, on the prayer of a Municipality, direct that the budget estimate, or the revised budget estimate, of a Municipality may be presented or adopted at a later date for reasons to be recorded in writing.

83. Power to alter budget grants.—(1) The Board of Councillors may, on the recommendation of the Chairman-in-Council, from time to time during the year, — (a) increase or reduce the amount of any budget grant under any head; (b) make additional provision in the budget to meet any special or unforeseen requirement arising during the same year; (c) transfer any amounfor a portion of any amount of the budget grant under any head to the account of the budget grant under any other head. (2) Every addition or alteration made in the budget grant under sub-section (1) for any year shall be deemed to be included in the budget estimate finally adopted for that year.

84. ''[Annual Financial statements.]—2[(1) within six months of the close of a year, a financial statement for the preceding year in respect of a Municipality shall be prepared in the form and manner prescribed, and presented before a meeting of the Board of Councillors. Financial statement shall consist of a Balance Sheet of the sources and application of funds. Income and Expenditure Account disclosing the surplus (excess of income over expenditure) or deficit (excess of expenditure over income) for the financial year. Receipts and Payments Account (showing the head-wise receipts and payments for the Subs, by s. 10(1) of the W.B. Municipal (Amendment) Act. 2006, (W.B.Act XXII of 2006), w.e.f. 1.10.2006, for "Annual financial statement". Subs, by s. 10(2), ibid, w.e.f. 1.10.2006, for the following : "(1) Within three months of the close of a year, a financial statement for the preceding year in respect of a Municipality shall be prepared in the form and manner prescribed, and presented before a meeting of the Board of Councillors.". 58 The West Bengal Municipal Act, 1993 [Ss. 84-86 year alongwith balances of cash in hand, cash at bank and cash at treasury) and a Cash FlowStatement (showing the receipts and payments of cash as per three distinct categories of operating, investing and financing activities). Every such statement shall give a true and correct view of the state of affairs of the Municipality.] (2) A copy of the financial statement shall be given to the Director of Local Bodies and shall be available for inspection by the members of the public in the manrier prescribed. (3) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, on the prayer of a Municipality, extend the date for [preparation and] presentation of the financial statement of a unicipality for reasons to be recorded in writing. 2[85. ***]

86. Appointment and power of the Auditor.—(1) The Municipal accounts as contained in the annual financial statement shall be examined and audited ^ appointed in that behalf by the State Government. A..HU as may Auditor Chairman-in-Council be required by him.shall submit such further accounts to the ( )The Auditor so appointed may — ta) r^uire by written notice, the production before him or before any officer subordinate to him of any document which he considers necessary for the proper conduct of the audit, c^^ust"!?' notice, ody or control of, anyany person cash document,accountable for, orto having or article appeartheIn (c) re him or before any officer subordinate to him, person so appearing before him to make or sign a ans^'^^^'°" respect to such document, cash or article or to id) ca question physical or prepare verification andstock of any submit ofany statement, articles and of in course (4) ThrCd"accounts, being heard disall^'^ Qiving the person concerned an opportunity of and surcharge th°^ accounts contrary to the provisions of this Act, authorising it, and^ ^'^cunt of any illegal payment on the person making or of any deficiencv ^ against any person responsible therefor the amount person or any incurred by the negligence or misconduct of such which ought to have been, but is not, brought into f Ins. by s 10(3) of th i w.e.f. 1.10.2006. "Municipal (Amendment) Act, 2006. (W.B. Act XXII of 2006), 2- Section 85 omitted hw e i^ , of 2006) we f 1 in theW.B. Municipal (Amendment) Act, 2006, (W.B. ActXXII "85.*Balance- i. ' the following : balance-sheet of as Municipality shall cause to be prepared annually a close of a year ^ liabilities in the prescribed form within six months of the (3) A placed before a meeting ofthe Board ofCouncillors. (4) Notwith '^^'^nce-sheet shall be given to the Director of Local Bodies. StatP rnw«r ^anding anything contained in the foregoing provisions of this section, the nrpconflation of the balance-sheet the prayer of aofMunicipality a Municipality, extend the for reasons date ofpreparation to berecorded and in writing.". Ss. 86-90] The West Bengal Municipal Act, 1993 59 accounts by such person, and shall, in every such case, certify the amount due from such person : Provided that any person aggrieved by and order of payment of certified sums may appeal to the State Government whose decision on such appeal shall be final. (5) Any person who wilfully neglects or refuses to comply with the requisition made by an Auditor shall, on conviction by a court, be punishable with fine which may extend to one hundred rupees in respect of each item included in the requisition.

87. Audit report.—(1) As soon as practicable after the completion of the audit, but not later than three months thereafter, the Auditor shall prepare the report on the accounts audited and examined, and shall send such report to the Chairman and a copy thereof to the Director of Local Bodies ""[and the State Government]. (2) The Auditor shall include in his report a statement showing— (a) every payment which appears to him to be contrary to law. (b) account of any deficiency 2[or defalcation] or loss which appears to have been caused by the gross negligence or misconduct of any person, (c) the account of any sum received, which ought to have been, but have not been, brought into any account by any person, (d) any other material impropriety or irregularity which may be observed in the accounts.

88. Chairman-in-Council to remedy the defects upon audit report.—(1) The Chairman-in-Council shall forthwith remedy any defect or irregularity that may be pointed out by the Auditor in his audit report and shall report to the Director of Local Bodies or such other officer as the State Government may direct: Provided that if there is a difference of opinion between the Chairman-in- Council and the Auditor, the matter may be referred to the Board of Councillors and, if the difference still persists, to the Director of Local Bodies or to such other officer as the State Government may direct. (2) The State Government may pass such order upon the audit report as it thinks fit for compliance by the Municipality.

89. Power of the State Government to enforce an order upon audit report.—If any order made by the State Government under this Chapter is not complied with, it shall be lawful for the State Government to take such step as it thinks fit to secure the compliance of the order and direct that all expenses therefor shall be defrayed from the Municipal Fund.

90. Special audit.—In addition to the audit of annual accounts, the State Government may, if it thinks fit, appoint an Auditor to conduct special audit pertaining to a specified item or series of items requiring thorough examination, and the procedure relating to audit shall also apply mutatis mutandis to such special audit.

1. Subs, by s. 2 of the W.B. Municipal (Amendment) Act, 2011, (W.B. Act VI of 2011), w.e.f. 30.8.2011, for the words "or such other officers as the State Government may direct".

2. Ins. by the W B. Act XLV of 1994, w.e.f. 10.10.1994. gQ The West Bengal Municipal Act, 1993 [Ss. 90A-92 ir90A Laying of audit report.—The audit reports of the municipalities alongwith the action taken reports 2[as well as the report of the Comptroller and Auditor General in respect of the Municipalities] for every year shall, as soon as may be after they are received by the State Government, be laid before tne State Legislature.] .

91. Internal audit.—The State Government may by rules provide for internal audit'of the day to day accounts of a Municipality in such manner as it thinks fit. 3[92. Municipal Accounts Committee.—(1) The Board of Councillors shall, at its first meeting in each year, or in its next meeting, which shall be held

1. Ins. by s. 3of the W.B. Municipal (Amendment) Act, 2011, (W.B. Act VI of 2011). w.e.f. 30.8.2011.

2. Ins. by s. 5 of the W.B. Municipal (Amendment) Act, 2013 (W.B. Act VIII of2013). w.e.i. 15.5.2013.

3. Subs, by s. 12 ofthe W.B. Municipal (Amendment) Act. 2006, (W.B. Act XXII of 2UUo;. w.e.f. 1.10.2006, for the following ; "92. Municipal Accounts Committee.—(1) The Board of Councillors shall, at its first meeting in each year or in its next meeting which shall be held within a period of thirty days from the date of its first meeting in that year, constitute a Municipal Accounts Canmittee: Provided that the State Government may. on an application by the Chairman and for reasons to be recorded in writing, extend the period as aforesaid by such period no exceeding thirty days as the State Government may think fit. (2) The Municipal Accounts Committee shall consist ofsuch number ofCouncillors, not being less than three and not more than seven, as the Municipality may determine, to be elected by the Councillors from amongst themselves: Provided that the Chairman, the Vice-Chairman orany other member ofthe Chairman- in-Council shall not be a member of the Muinicipal Accounts Committee. (2A) The Board of Councillors may, from time to time, associate with the Municip^ Accounts Committee such persons having special knowledge in public accounts and administration, not being Councillors and not exceeding one-half of the number of Councillors in such Committee, and for such term, as it thinks fit. Such persons shall not have the right to vote at the meeting of the Municipal Accounts Committee. (3) The members of the Municipal Accounts Committee shall elect from amongs themselves one member to be its convenor. (4) The members of the Municipal Accounts Committee shall hold office until a new Committee is constituted. . (5) Subject to the provisions of this Act and the rules and the bye-laws made thereunder, itshall bethe duty ofthe Municipal Accounts Committee (a) to examine the accounts of the Municipality; (b) to examine and scrutinise the report on the accounts of the Municipality by fhe Auditor appointed under this Chapter; (c) to examine and scrutinise the report of special audit, if any; (d) to examine and scrutinise the report of physical verification of stock, if (e) to submit report to the Board of Councillors every year and from time to time on such examination and scrutiny; . (f) to discharge such other functions as may be entrusted to it by the Boar Councillors. (6) The Municipal Accounts Committee may call'for any book or document and s^ for such officer of the Municipality as it may consider necessary for explaining any matter in connection with his work. (7) The manner of transaction of business of the Municipal Accounts C,ommittee shall be such as may be determined by it from time to time.". S. 92] The West Bengal Municipal Act, 1993 61 within a period of thirty days from the date of its first meeting in that year, constitute a Municipal Accounts Committee. (2) The manner of constitution and the functions of the Municipal Accounts Committee shall be such as may be prescribed.] PART IV MUNICIPAL TAXATION AND APPLICATION FEE CHAPTER X Taxes and Fees A. Taxes and Fees (other than Application Fee)

93. Power to impose taxes.—(1) The Board of Councillors shall, for the purposes of this Act, have the power to levy the following taxes : — (a) a property tax on lands and buildings, (b) a tax on advertisements, other than advertisements published in the newspapers, (c) a tax on cart, (d) a_tax on carriage, [(e)toll on — (/) ferry, {11) bridge, and 2[(//7) heavy truck which shall be a heavy goods vehicle, within the meaning of clause (16) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988), plying on a public street.]] (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.

94. Levy on congregations.—(1) The Board of Councillors may levy a fee per head or per vehicle for providing municipal services in connection with any congregation of whatever nature, including pilgrimage, fair, festival, circus or yatra, within a municipal area for persons or vehicles assembling within the municipal area for the purpose. (2) The fee for the purpose of sub-section (1) shall be such as may be determined by the Board of Councillors from time to time which shall not exceed rupees two per person and rupees ten per vehicle besides the levy passengers therein. (3) The Board of Councillors may frame regulations specifying the occasions on which such levy may be imposed as well as the rate of levy, the mode of collection and other matters incidental thereto. 3[94A. Levy on tourist—(1) The Board of Councillors may levy a fee per head or per vehicle for providing municipal services for persons or vehicles visiting a municipal area for the purpose of sight-seeing;

1. Subs, by the W.B. ActXXXII of 1997, w.e.f. 18.3.1998, for "(e) toll on ferries and bridges .

2. Subs, by s. 4 of the West Bengal Municipal (Amendment) Act, 2003 (W.B. Act XIII of2003). w.e.f 1.10.2003, for "heavy truck which shall be a heavy goods vehicle, and bus which shall be a heavy passenger motor vehicle, within the meaning ofthe Motor Vehicles Act, 1988 (59 of 1988), plying on a public street.".

3. Ins. by the W.B. Act XIII of 1995, w.e.f. 5.9.1995. 62 Ss. 94A-95B] The West Bengal Municipal Act, 1993 63 Provided that such fee shall not be levied for persons or vehicles passing through the municipal area. (2) The fee for the purpose of sub-section (1) shall be such as may be determined by the Board of Councillors from time to time and shall not exceed rupees three per person and rupees fifty per vehicle besides the levy on passengers therein. (3) The Board of Councillors may make regulations specifying the rate of such fee, the mode of collection thereof and other matters incidental thereto.]

95. Levy of fees, charges, etc.—(1) The Board of Councillors may, from time to time, levy fee for licenses issued or permissions granted under the provisions of this Act and may also impose charges for any specific services 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. i[(3) Notwithstanding the repeal of the Bengal Municipal Act, 1932, under sub-section (1) of section 441, the fees which could have been levied and the charges which could have been imposed under the Bengal Municipal Act, 1932 (Ben. Act XV of 1932) shall continue to be levied and imposed at the rate in force imrfiediately before such repeal until the scale of such fees and charges are prescribed under sub-section (2) of this section.] 2[95A. Levy of toll on heavy truck and bus.—(1) The Board of Councillors may levy toll on heavy trucks 3[ ***] referred to in sub-clause (iii) of clause (e) of sub-section (1) of section 93, plying on a public street. (2) The rate of toll for the purposes of sub-section (1) shall be such as may be determined by the Board of Councillors from time to time. (3) The Board of Councillors may make regulations specifying the rate of such toll, the mode of collection thereof and other matters incidental thereto.

958. Levy of special conservancy charge.—(1) The Board of Councillors may levy a special Conservancy charge ^[ ***] 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 Board of Councillors from time to time. (3) The Board of Councillors may frame 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.]

1. Ins. by the W.B. Act XLV of 1994, w.e.f. 10.10.1994.

2. Ins. by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998.

3. Words "and buses" omitted by s. 5 of the West Bengal Municipal (Amendment) Act, 2003 (W.B. Act XIII of 2003), w.e.f. 1.10.2003.

4. Words "on the commercial and industrial establishments" omitted by s. 6, ibid, w.e.f. 1.10.2003. 64 The West Bengal Municipal Act, 1993 [S. 96 S. Rating and Valuation "•[SS. Property tax on lands and buildings.—(1) For the purposes of this Act, a property tax on the annual value of lands and buildings as determined under this Chapter, shall be imposed by the Municipality. (2) Such property tax shall be determined as follows — (a) where the annual value of land and buildings does not exceed nine hundred and ninety-nine rupees, the property tax shall be determined in accordance with the following formula :— [annual value , • «. 100 + "^0 per cent of the annual value, (b) where the annual value of lands and buildings exceeds nine hundred and ninety-nine rupees, the tax shall be determined in accordance with the following formula — annual value j per cent of the annual value; + 20 1000 Provided that the property tax shall not exceed 30 per cent of the annual value of lands and buildings: further that the formula, specified in this sub-section, shall come into effect atthe time of fresh or next valuation of lands and buildings taken up m any Municipality after commencement of . the West Bengal Municipal (Amendment) Act. 2002:

1. S. 19 of the W.B. Act XVI 2002, w.e.f. 2.9.2002, for the following : DfODertv'taJnSlhS' buildings.—(1) For the purposes of this Act. a 5a! be determined as follows— nint^ n-® and buildings does not exceed nine hundred and followingTomfu^a^' shall be determined in accordance with the [annual value i L 100 ^ ®®nt of the annual value; ^^nine'^^unppr'^«f' lands and buildings exceeds nine hundred and ninety- formula ^ determined in accordance with the following r annual value "i [ Too ^ P®*" *^nt of the annual value: lands^rdtulldSs'!"® P®^ p®"' 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 berounded off to I: ^ Provided also that the State Govemment may from time totime, by notification, revise the formulation referred to in clause (a) and clause (b) ofthis 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 year.". Ss. 96-101 ] The West Bengal Municipal Act. 1993 65 Provided also 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. (3) The provisions of this section shall be made applicable for the Municipalities at the time of general valuation or revaluation of holdings under section 110 of the Act.]

97. Levy of surcharge.—^A surcharge at such rate not less than 20 per cent and not exceeding 50 per cent of the total amount of the property tax imposed on a holding shall be levied if such holding is used wholly or in part for commercial, industrial or such other non-residential purposes as the Board of Councillors may, from time to time decide and the rate of surcharge shall form part of the property tax for the purpose of recovery. i[98. Rebate for residential building.— ***]

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

100. Exemption of Central Government properties.—Notwithstanding anything contained in this Chapter, lands and buildings, which are the properties of the Union, shall be exempted from the property tax: Provided that nothing in this section shall prevent the Board of Councillors from levying on such lands and buildings a property tax to which, immediately before the commencement of this Act, they were, or were treated as, liable : Provided further that the Board of Councillors m%y levy a service charge on such buildings on the basis of ^[the annual value] at such rate as may be determined by the Central Government from time to time. 3[100A. Exemption of properties of ex-servicemen.—Notwithstanding anything contained in the foregoing provisions of this Chapter, the Board of Councillors 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, who has no other land or building in any part of the State of West Bengal and who is residing in that holding.]

101. Exemption of holdings exclusiveiy used for public worship etc.— Notwithstanding anything contained in the foregoing provisions of this Chapter,— (a) lands or buildings or portions thereof exclusively used for the purpose of public worship, or

1. Sec. 98 omitted by s. 20 of the W.B. Act XVI 2002, w.e.f. 2.9.2002 which formerly stood as under: "98. Rebate for residential building.—^Where a holding is used by the owner exclusively for his own residential purposes, a rebate, not exceeding 20 per cent of the property tax as determined under this Chapter, may be allowed by the Board of Councillors: Provided that the Board of Councillors may cause classification of buildingaccording to year of construction for the purpose of granting varying rate^ of rebate.".

2. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "such annual value and".

3. Ins. by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998. ee The West Bengal Municipal Act. 1993 [Ss. 101-102B (b) lands or buildings exclusively used for the public burial oras 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"'[, or] ^[(d) social welfare homes run by the State Government,] 2[or] 2(e) any Government, or Government sponsored, school or college which is serving the cause of education without generating any surplus funds, or without being run on commercial lines.) shall be exempt from the 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, ifon such land or in such building any trade or business is carried on, or any rent or fee is derived in respect of such land or building, or if the public do not have the right of free access to such land or building without payment.

102. Exemption of holdings exclusively used for public charity or medical relief, or education of the poor, free of charge.—The Chairman- in-Council may exempt from property tax, either wholly or in part, any holding which is exclusively used with the approval of the Chairman-in-Council for public charity or philanthropic purposes or for the purpose of medical relief to, or education of, the poor free of charge. 3[102A. Exemption of holdings where closed or sick industries are located.—The State Government may, for reasons to be recorded in writing, by an order, exempt any premises, in which any closed industry or sick industry which is so certified by the Department of Industrial Reconstruction, Government of West Bengal, is located, from payment of property tax.

102B. Exemption of holdings used for Information Technology Industry and Information Technology Enabled Services.—(1) The Chairman-in- Council may, with the prior approval of the State Government, exempt from payment of a portion of the property tax not exceeding fifty per cent, of the actual gross amount of property tax on any land or building, at least fifty per cent, area of which is exclusively used for Information Technology Industry or Information Technology Enabled Services : Provided that such exemption shall be allowed only for the first six years from the quarter following the date of approval of the State Government. Explanation I.—For the purpose of this section Information Technology Industry means the industry exclusively engaged in software programming and software development. Explanation //.—Information Technology Enabled Services is that sector of Information Technology Industry, which aims at providing various services, through the use of Information Technology. This sector of service includes call

1. Ins. by the W.B. Act XXII of 2000, w.e.f. 1.9.2000. - 2 Ins. by 8. 21 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002.

3. Sections 102A and 102B ins. bys 13 ofthe W.B. Municipal (Amendment) Act, 2006 (W.B. Act XXII of 2006), w.e.f. 1 10.2006 Ss. 102B-106] The West Bengal Municipal Act. 1993 67 centres, claim processing, medical transcription, legal transcription, content development or computer animation, data processing. Computer Aided Engineering and Computer Aided Design, Geographic Information System Services, remote maintenance, revenue accounting, support centres, website services and other operations such as accounting, data processing, and data mining, and such other type of services that is not possible to be provided without the use of Information Technology. Apart from this, such other services, as may be determined by the Department of Information Technology, Government of West Bengal, as Information Technology Enabled Services, shall also be deemed to be Information Technology Enabled Services for the purpose of this section. (2) For the purpose of getting exemption under sub-section (1), the applicant shall, with the application, submit a certificate to be issued by the Department of Information Technology, Government of West Bengal, to the effect that the industry or the service carried on any land or building, in respect of which the exemption under sub-section (1) has been sought for by the applicant, is an Information Technology Industry or Information Technology Enabled Services.l

103. Power to reduce rates in case of excessive hardship.—Whenever from the circumstances of the case, levy of property tax on any holding in a municipal area amounts to excessive hardship to the person liable to pay the same, the Board of Councillors 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 Board of Councillors, have effect for more than one year.

104. Remission on account of vacant building.—Where any building has remained vacant or unproductive of rent for ninety or more consecutive days, the Board of Councillors may, upon an application in writing from the owner, remit or refund one-half of the amount of tax due for the period of such vacancy. '•[105. Exemption of certain holdings from property tax.—The Board of Councillors may exempt from property tax any holding, the annual valuation of which does not exceed ^[five hundred rupees.]

106. Determination of annual valuation.—(1) Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956 (West Ben. Act XII of 1956), or in any other law for the time being in force, for the purpose of assessment of the property tax, the annual value of a holding comprising land or building shall be deemed to be the gross annual rent including service charges, ifany, 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 ten per

1. Sec. 105 subs, by the W.B. Act XXII of 2000. w.e.f. 1.9.2000 for the following: "105. Exemption of holding of low valuation.—^The Board of Councillors may exempt from property tax any holding the annual valuation ofwhich does not exceed two hundred rupees: Provided that where a person owns oroccupies more than one holding the aggregate annual valueofwhich exceeds two hundred rupees, such holding shall not be exempted from property tax.".

2. Subs, by's. 22 of the W.B. Act XVI of 2002. w.e.f. 2.9.2002 for "three hundred rupees". 68 The West Bengal Municipal Act. 1993 [Ss. 106-107 cent ^[ ***]for the cost of repairs and other expenses necessary to maintain such land or building in a state to command such gross rent. ^[(1A) The procedure for determination of gross annual rent under this section shall be such as may be prescribed.] 3[(2) The annual value of a holding comprising land which is not built upon, shall be deemed to be an amount which may be equal to, but may not exceed, five per cent of the estimated market value of such land at the time of assessment: Provided that such holding, if utilised for any gainful purpose, shall be deemed to be in commercial use for the purpose of levy of surcharge under section 97.] (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 not less than five per cent, but not exceeding ten per cent, of the value ofthe holding obtained by adding the estimated cost of erecting the building at the time of assessment less ^["an amount to be deducted as per rates provided under the Income Tax Act, 1961, ^3 of 1961), applicable for the financial year of assessment on account of depreciation,"] if any, to the estimated present market value of the land ^[comprised in the holding]. (4) The estimated cost of erecting a building shall not, for the purpose of etermination of annual value, include the cost of any plant or machinery (except those enumerated in Schedule 111) on the land or the building as aforesaid. . - annual value as determined under this Chapter shall be rounded off to the nearest ten rupees. of annual valuation of holdings exempted from property tax.—(i) Where any holding is exempt from property tax, the annual C^apteT determined in accordance with the provisions of this Where any land is exempt from the property tax under this Chapter, the frnm tne th ^ property building erected tax, shall on such land,separately be determined not entitledfrom to anytheexemption land in accordance with the provisions of this Chapter.

1. Words "of such annual value" omitted by the W.B. Act XIII of 1995, w.e.f. 5.9.1995. « W.e.r. 1.6.2009. ®®"93l Municipal (Amendment) Act, 200S ('W.B. Act III of2009),

3. Subs, by the W.B. Act Xlll of I995, w.e.f. 5.9.1995 for following : "(2) The annual value of a holding comprising land which is not built upon, shall be deemed to be an amount equal to not exceeding, five percent, ofthe estimated market value 01 Vdiue of 5ucn such lana land at at the time of ine time of assessment assessment:• Provided that such holding utilised for any gainful purpose shall be deemed to be in commercial use for the purpose of levy of surcharge under section 97.". Subs by S. 23 of the W.B. Act XVl of 2002, w.e.f. 2.9.2002 for" a reasonable amount to be deducted on account of depreciation."

5. Subs, by W.B. Act Xlll of 1995, w.e.f. 5.9.1995 for "valued with the buildings as part of the same premises". Ss. 108-109] The West Bengal Municipal Act, 1993 69

108. Unit of Assessment.—(1) Every building together with the site and the land appurtenant thereto comprised in a holding shall be assessed as a single unit: 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 cartilage 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 the 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 (West Ben. Act XLV of 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 (West Ben. Act XVI of 1972), a declaration in respect of which has been duly executed and registered under the provisions of that Act, shall be assessed separately: [Provided that if after enquiry it is found that the apartments have been built for the residential purpose and for the occupancy of individuals of families, such apartments shall be individually assessed even if registration under the West Bengal Apartment Ownership Act, 1972, is delayed or avoided.] (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 Chairman-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. C. Valuation and Assessment List

109. Periodic assessment.—(1) The annual value of a holding comprising land or building situate in a municipal area, 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 Chairman-in-Council shall cause a general valuation of all the holdings in a municipal area in accordance with the provisions of this Chapter as soon as possible after the constitution of a new municipal area and at

1. Ins. by S. 24 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002. 70 The West Bengal Municipal Act, 1993 [Ss. 109-110 periodic intervals in the case ofall other municipal areas, so as to ensure that there is a revision of annual valuation of all municipal holdings at the termination of successive period of ""[five years] ; Provided that it shall be lawful to divide a municipal area into groups of wards so that periodic assessment at the interval of ""[five years] takes place in each such group instead of the entire municipal area at a time. 2[110. Preparation of valuation and assessment list.—(1) The general valuation of holding under this Chapter shall be made, unless otherwise directed by the State Government, under the West Bengal Valuation Board Act, 1978 (West Ben. Act LVII of 1978), and the preparation of valuation list, amount of property tax determined under section 96 on the basis of such valuation list, and disposal of applications for hearing objections shall abide by the provisions of that Act. (2) The valuation list prepared under sub-section (1) shall be notified by the State Government as the assessment list of the Municipality. The assessment

1. Subs, by s. 7of the West Bengal Municipal (Amendment) Act, 2003 (W.B. Act XIII of 2003), w.e.f. 1.10.2003 for "six years".

2. Subs, by s. 6of the West Bengal Municipal (Amendment) Act, 2009 (W.B. Act III of 2009), w.e.f. 1.6.2009, which was earlier as follows: "110. Preparation of valuation and assessment list.—(1) The ^[general] 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 Valuation Board Act, 1978] c[and the preparation of valuation list, amount of property tax ^etermined under section 96 on the basis of such valuation list, and disposal of all [applications for objection]] shall abide by the provisions of that Act. valuation list prepared under sub-section (1) shall be the assessment list of the Municipality.] thp preparation'heof Chairman-in-Council [general valuation,] itisshall directed by the the determine Stateannual Government value oftoallundertake holdings the the 11^ rnunicipallistarea assessment in the in the manner manner. prescribed provided in this Chapter and cause publication of nthprilieL^-valuation list under sub-section (1) or sub section (2) shall, unless the onginal list was prepared. h[once orininai'li^? in everybefive Government, years:]in the same manner in which prepared the existing valuation list is not revised for any unavoidable reason, valuation list takes^effect^ ^"d^ valuation list shall not be called in question until anew b Subs b ^ 5.9.1995, for "annual". 110 20oVfn -f? Bengal Valuation Board (Amendm-nt) Act, 2007, w.e.f. LVII of 1978)" Bengal Central Valuation Board Act. 1978, (West Ben. Act c. Subs, by 'he W.B. Act XLV of 1994, w.e.f. 10.10.1994. for "and the preparation of valuation list including determination of all objections". 1.10.2007 for^ "applications Bengal Valuation Board (Amendment) Act. 2007, w.e.f. for review". e. Ins. by. the W.B. Act XIII of 1995, w.e.f. 5.9.1995. f. Subs, by ibid, w.e.f. 5.9.1995, for "annual valuation". g. Ins. by the W.B. Act XLV of 1994. w.e.f. 10.10.1994. h. Subs, by s. 25 of the W.B. Act XVI of 2002. w.e.f. 2.9.2002 for "once in every six years Ss. 110-111 ] The West Bengal Municipal Act. 1993 71 list shall remain valid for a period of five years with effect from the day succeeding the date on which the term of last preceding assessment list expires: Provided that if for any reason it is not possible to complete the work of a general valuation within the period before the term of the last preceding valuation expires, the last valid assessment list shall continue to be in force, and the property tax determined under the said assessment list shall be continued to be paid till the new assessment list is given effect under this section. The new assessment list, after being notified under this section shall take effect retrospectively from the day succeeding the date on which the term of last preceding assessment list expired, and the arrear or overpayment, if any, shall be adjusted through one time payment or in such instalments as may be determined by the Board of Councillors of the Municipality concerned : Provided further that if for any reason the assessment list could not be enforced, it shall be lawful for the Municipality to continue collection of property tax calculated on the basis of last valid assessment list in vogue in the municipal area concerned, and the new assessment list, after being notified under this section, shall take effect retrospectively from the day succeeding the date on which the term of last preceding assessment list expired, and the arrear or overpayment, if any, shall be adjusted through one time payment or in such instalments as may be determined by the Board of Councillors of the Munici pality concerned. (3) A new valuation list under sub-section (1) shall be prepared in the same rnanner in which the original list was prepared, once in every five years.] '•[111. Appeal.—(1) Any owner or person liable to pay property tax may, if dissatisfied with the determination of objection, filed by him under section 9A of the West Bengal Valuation Board Act, 1978 (West Ben. Act LVII of 1978)

1. Subs, by s. 7 of the West Bengal Municipal (Amendment) Act, 2009 (W.B.Act III of 2009), w.e.f. 1.6.2009, which was earlier as follows ; "111. Publication of assessment list and determination of objections.—(1) When an assessment list is prepared or revised under the provisions of sub-section (2) of section 110, the Chairman shall cause the assessment list to be published by public notice of the place where the list may be available for inspection. (2) Inall cases inwhich any property is for the first time assessed or the assessment is increased, the Chairman shall also give a written notice thereof to the owner and the occupier of the property, if known. (3)The assessment list shall take effect from the beginning of the quarter of a year immediately following its publication. (4) Any person, who is dissatisfied with the decision as entered in the assessment list ^(***], may prefer an application for review before the Board of Councillors within a period of two months from the date of presentation of bill for payment of tax. (5) No application under sub-section (4) shall be entertained unless the amount representing property tax onthe holding comprising land or building, as the case may be, as previously determined (hereinafterreferred to in this sub-section as the said amount), has been paid or deposited in theoffice oftheMunicipality before such application is filed, and every such application shall fail unless the said amount of property tax is continued to be paid or deposited in the office of the Municipality till such application is finally disposed of". a. Word "determined" omitted by Act XIII of 1995, w.e.f. 5.9.1995. 72 The West Bengal Municipal Act, 1993 [Ss. 111-112 prefer an appeal in writing to the Competent Authority under this section within sixty days from the date of issuance of notice under section 11 of the West Bengal Valuation Board Act, 1978 : Provided that if any owner or person liable to pay property tax presents appeal after expiry of the said sixty days, the Municipality shall forward the appeal to the Competent Authority concerned immediately, and the Competent Authority, after considering the reasons of delay, may condone such delay in respect of such appeal. (2) No appeal under this section shall be entertained unless the property tax in respect of any land or building up to the quarter containing the date of presentation of the appeal on the valuation, which has become operative under section 110, has been deposited in the office of the Municipality, and the appeal shall abate if such property tax is not continued to be deposited till the appeal is finally disposed of : Provided that the Competent Authority may, if considers necessary, reduce the rate of deposit as specified in this section : Provided further that after disposal of an appeal if the valuation or rate of property tax of any holding as enumerated in the assessment list, which has become operative under section 110, changes, the changed amount of property tax or valuation, as the case may be, shall take effect from the date on which the assessment list has become operative under section 110, and the dues payable or the excess amount paid, as the case may be, shall be adjusted in such instalments as may be determined by the Board of Councillors of the Municipality concerned. Explanation.—For the purposes of this section the 'Competent Authority' includes the Additional District Magistrate, or any other Executive Magistrate as may be notified by the State Government for a Municipality or a group of Municipalities. (3) The procedure for hearing and disposal of appeals, imposition and realization of fees in connection with appeals under this section shall be such as may be prescribed.] 1[112***]

1. Section 112 omitted by s. 8 ofthe West Bengal Municipal (Amendment) Act, 2009 (W.B. • Act III of 2009), w.e.f. 1.6.2009, which was earlier as follows: "112. Hearing and determination of application by Review Committee.—(1) Every application presented under sub-section (4) of section 111 shall be heard and determined by a Review Committee: ®lProvided that where the Review Committee reduces the valuation of any land or building, such reduction shall not be more than twenty-five per centum of the annual valuation of such land or building except in the case of gross arithmetical or technical mistake, and the Review Committee shall, in every such case, record in writing the reasons for such reduction.) (2) Eveqr Review Committee shall be presided by the Chairman ortheVice-Chairman of the Municipality and shall consist of not less than two, but not more than four. Councillors appointed by the Board of Councillors at a meeting : a. Proviso added by the W.B. Act XXII of 2000 w.e.f. 1.9.2000. [ Footnote continued on next page ] S. 113] The West Bengal Municipal Act, 1993 73

113. 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 Board of Councillors 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 change; or (cf) when the land and building comprised in the holding has been re developed or substantially altered or improved during the period the annual valuation remains in force; or (e) when the value of the land and building comprised in the holding has been substantially reduced owing to demolition or has suffered depreciation from any accident or calamity during the period the annual valuation remains in force; or (f) when the holding has been acquired by purchase or otherwise by the State Government during the period the annual valuation remains in force; or (g) when the valuation or assessment has been set aside or declared void by an order of the Court necessitating revaluation or reassessment of a holding; or (Footnote continued from previous page ] Provided that no Councillor of the ward from which the application is made shall be a member of the Review Committee; Provided further that no decision of the Review Committee shall be invalid or called in question merely by reason of any vacancy in the composition of the Committee or absence of any member, other than the presiding officer, from a meeting thereof. (3) The ReviewCommitteeshall give notice to the applicant of the time and place at which his application will be heard and the committee shall dispose of an application in such manner as may be prescribed; Provided that in case of equalityof votes, the person presiding shall have a second or casting vote: Provided further that when the Board of Councillors is ^[dissolved], the State Government shall appoint by notification a ''[Review Committee] consisting ofsuch number of member or members as may be specified in the notification for the purposeof hearing applications for review presented under sub-section (4) of section 111: Provided also that the member or members as aforesaid shall be appointed by the State Government from among the persons residing in the wards, other than the wards to which the matter relates, and the ''[Review Committee] shall pass such orders in each case as it thinks fit and the order of the "[Review Committee] shall be final. (4) The decisions of the Review Committee ''I ***] shall be final and no suit or proceeding shall lie in any civil court in respect of any matter which has been, or may be, referred to the Review Committee or has been decided by the Review Committee ^[***]°- a. Subs by the W.B. Act XIII of 1995, w.e.f. 5.9.1995, for "superseded". b. Subs, by ibid, w.e.f. 5.9.1995, for "Municipal Assessment Tribunal". c. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995, for "tribunal". d. Words "or the Municipal Assessment Tribunal, as the case may be" omitted by ibid, w.e.f. 5.9.1995. e. Words "or the Municipal Assessment Tribunal" omitted by ibid, w.e.f. 5.9.1995. 74 The West Bengal Municipal Act, 1993 [Ss. 113-114 (/?) when it has been discovered that the holding has been grossly undervalued by reasons of any fraud, misrepresentation, mistake or error; or (/) when an alteration has been necessitated to correct any patent error. (2) No amendment or alteration of an assessment list 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 behalfbythe appropriate authority, and shall remain in force for the portion of the period during which but for such amendment or alteration such annual valuation would have remained in force.

114. Addition to the assessment list.—(1) When a new building has been constructed or a new holding has been created by mutation ""for by transfer or upon the inclusion of any local area within the municipal area] or otherwise during the period an assessment list remains in force, the Chairman-in-Council may, at any time, cause the annual valuation of such holding and make assessment thereon in accordance with the provisions of this act. (2) Before finalising the valuation and assessment of the holding as aforesaid, the Chairman-in-Council shall give the owner or the occupier of such holding an opportunity to prefer, within a specified time, an objection, if any, to the proposed valuation which shall be heard and determined by a person to be appointed by the Chairman-in-Council. 2[(3)-*] (4) The Chairman-in-Council shall, thereafter, finalise, as soon as may be, the valuation and assessment and make addition of such valuation and assessment 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. ^[(5) Notwithstanding anything contained in this section, on a written application of any owner or occupier of any holding, for determination of provisional property tax, for which the site plan and building plan have been approved and are remaining valid as per provisions of sub-section (2) of section 207 or section 208A but the said holding has either remaining vacant or the building has been completed or partly constructed and is habitable, the Chairman-in-Council may, subject to the provisions of section 96, fix a provisional rate of property tax for such holding subject to adjustment after finalisation of valuation of such property. If. after finalisation, valuation of any such property increases or decreases, the increased or decreased amount of property tax shall take effect from the quarter from which the provisional rate of 1. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "transfer".

2. Sub-section (3) omitted by s. 9(1) of the West Bengal Municipal (Amendment) Act. 2009 (W.B. Act III of 2009), w.e.f. 1.6.2009, which was earlier as follows : "(3) An application for review of the valuation determined under sub-section (2) may. within a fortnight of such determination be preferred to the Chairman-in-Council.".

3. Ins. by s. 9(2) of the West Bengal Municipal (Amendment) Act, 2009 (W.B. Act III of 2009) w.e.f. 1.6.2009. Ss. 114-115A] The West Bengal Municipal Act, 1993 75 property tax was fixed, and the dues payable or the excess amount paid, as the case may be, shall be paid or adjusted in such instalments, subsequent to bringing into force of the West Bengal Municipal (Amendment) Act, 2009, as may be determined by the Chairman-in-Council: Provided that for the buildings which are newly constructed and for the buildings already assessed which are reconstructed, or altered during the period of an assessment list remaining in force, pending finalisation of valuation of such constructions, the Chairman-in-Council shall, after giving the owner or occupier of such construction, as the case may be, shall fix a provisional rate of property tax, subject to the provisions of section 96, for such new construc tion with effect from the quarter in which such provisional rate shall be fixed. If, after finalisation of assessment, valuation of any such property increases or decreases, the increased or decreased amount of property tax shall take effect from the quarter from which the provisional rate of property tax was fixed, and the dues payable or the excess amount paid, as the case may be, shall be adjusted in such instalments, subsequent to bringing into force of the West Bengal Municipal (Amendment) Act, 2009, as may be determined by the Chairman-in-CounciL]

115. Submission of returns and inspection of holdings for the purpose of assessment.—(1) The Chairman may, with a view to determining the annual value of any holding and the person primarily liable for the payment of tax on such holding, by a written notice, require the owner or the occupier of the land or the 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) Every owner or occupier on whom any notice is served under sub section (1), 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. (3) The Chairman 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 orbuilding and verify the statement made in any return for such land or building submitted under this Chapter. "•[USA. Self-assessment and submission of return—(1) Notwithstanding anything to the contrary contained elsewhere in this Act, any owner or person liable to pay property tax on — (a) any existing building which has been assessed earlier, or (b) any new building or existing building which has not been assessed, or (c) any existing building which has been redeveloped or substantially altered or improved after the last assessment, but has not been subject to revision of assessment consequent upon such redevelopment or alteration or improvement, as the case may be, or

1. Ins. bys. 26 ofthe WestBengal Municipal (Amendment) Act, 2002 (WB. Act XVI of2002). w.e.f. 15.9.2004. yg The West Bengal Municipal Act, 1993 [S. 11SA (dl anv existing building or new building referred to in clause (a) or clause Clause ^(b) the bills in .respect ^gx of whichwith ogether haveinterest, not been issued, if any, payable shall oav such amount or propeny wa, under any provision of this Act. on self-assessment^ ProvfdL that such self-assessment, shall be certified by avaluer, hdding a diploma from the Institute of Surveyors and enlisted with the Municipality for such valuation, where the total floor area of such new building exceeds 400 ^' "^Providerfurther that the valuation on self-assessment, where the total floor area of an existing building or new building exceeds 400 square metres or not, shall bo -~* (а) where the value of lands and buildings does not exceed Rs. 2.00 lakh of the self-assessed value— 1 per cent; {b) where the value of lands and buildings exceeds Rs. 2.00 lakh of the self-assessed value — 1.5 per cent. Expldndtion.—For the purposes of this sub-section.— (1) "last assessment" shall mean the assessment where the annual value has been determined by the Municipality and communicated to the assessee; (2) "Institute of Surveyors" shall mean the Institute of Surveyors recognised as such by the Government of India; (3) "value" shall, in the case of an apartment, mean the cost of the apartment and. the proportionate cost of the land. (2) Any owner or person shall furnish to the Municipality a return of self- assessment in such form, and in such manner, as may be prescribed. Every such return shall be accompanied by proof of payment of the amount of property tax and interest, if any. (3) The payment ofthe amount of property tax and interest, ifany. shall be made, and such return shall be furnished, within sixty days of the commencement of the West Bengal Municipal (Amendment) Act. 2002. (4) In the case ofany new building for which an occupancy certificate has been granted or which has been taken possession of immediately after the commencement of the West Bengal Municipal (Amendment) Act. 2002. such payment shall be made, and such return shall be furnished, within thirty days of the expiry of the quarter in which such occupancy certificate is granted or such possession is taken, whichever is earlier. Explanation.—Occupancy certificate may be provisional orfinal and may be for the whole or any part of the building. Possession may be of the whole or any part of a building. (5) The payment of property tax shall continue to be made for each subsequent quarter and the last date of such payment shall be thirty days after the expi'7 of each such quarter. (б) After the assessment under section 109 or revision of assessment under section 112 has been made, any amount paid on self-assessment under this section shall be deemed to have been paid on account of the assessment under section 109 or section 112, as the case may be.. Ss. 115A-116] The West Bengal Municipal Act, 1993 77 (7) If any owner or other person, liable to pay the property tax under this Act, fails to pay the same together with interest, if any, in accordance with the provisions of this Act, he shall, without prejudice to any other consequence to which he may be subject, be deemed to be a defaulter in respect of the property tax or the interest or both remaining unpaid, and all the provisions of this Act applicable to such defaulter shall apply to him accordingly. (8) After the assessment is finally made under this Act, if the payment on self-assessment is found to be less than that of the amount payable by the assessee, in such case, the assessee shall pay up the difference within two months, from the date of final assessment, failing which recovery shall be made in accordance with the provisions of this Act, but, after the final assessment, if it is found that the assessee has paid excess amount, in such case, such excess amount shall be adjusted against the actual tax payable by the assessee.)

116. Notice of transfer.—(1) Whenever the title of any person to any land or building is transferred, such person, if primarily liable for the payment of property tax on such land or building, and the person to whom the title is so transferred, shall, within three months ^[of the registration of the instrument,] give notice of such transfer in writing to the Chairman. (2) On the death of any person primarily liable for the payment of property tax as aforesaid, the person on whom the title of the land or the building referred to in sub-section (1) devolves shall, within six months from the date of death of the former, give notice, in writing, of such devolution to the Chairman. (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 Chairman 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 Chairman, he shall, in addition to any penalty to which he may be subject under this Act, continue to be liable for payment of 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 property tax on such land or building. (5) The Chairman 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 prescribed. 1[(6) The District Registrar of the district or the Sub-Registrar of the local registration office shall co-operate with the Chairman or his representatives, sent in this behalf, for collecting the particulars regarding the registration of

1. Subs, by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998, for "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, as the case may be".

2. Subs, by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998 for the following : "(6) On a request by the Chairman, the District Registrar of the district 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 Chairman may from time to time require.". 78 The West Bengal Municipal Act. 1993 [Ss. 116-118 instrument, transfer of immovable property and periodical returns containing the detailed periodical list of registration of instruments.] *** *] 2[117. Levy of surcharge on transfer of lands.—(1) The Board of Councillors shall levy a surcharge on the transfer of immovable property situated within the municipal area, 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 Municipality, 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). CHAPTER XI Application fee and other taxes A. Professions, trades and callings ^[118. Certificate for enlistment of profession, trade and callings.—(1) Every person engaged or intending to be engaged in any profession, trade or

1. Omitted by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998. which stood as follows : "(7) Notwithstanding anything contained in sub-section (6), the District Registrar ofthe district ortheSub-Registrar of thelocal registration office shall furnish tothe Chairman such particulars soon after the registration of instruments of transfer is effected or, if the Chairman so requests, such periodical retums at such intervals, as the Chairman mayfix.".

2. Subs, by the W.B, Act XXXII of 1997, w.e.f. 18.3.1998, for the following ; "117. Certificate of approval for transfer of land or building.—(1) Notwith standing anything contained in section 115, no deed of transfer of any land or building in respect ofwhich a layout plan is required to be approved by the Chairman-in-Council prior to registration under section 193, or of any land curved out of an existing holding, shall be registered under the Registration Act, 1908(16 of 1908), unless a certificate of approval to the proposed transfer has been issued by the Chairman in this regard. (2)The registering authority shall not proceed for registrationwithout sending a copy of the deed of transfer to the Chairman. (3)If the Chairman communicates his refusal to issue a certificate of approval, a deed of transfer shall not be registered ; Provided thatif nosuch communication is received within a period of thirty days from the date of sending the copy of the deed of transfer, the registering authority, may proceed with registration.".

3. Subs, by s. 2 oftheW.B. Municipal (Second Amendment) Act, 2015 (W.B. Act XVIII of 2015), w.e.f. 1.8.2015 for the following : "118. Certificate of enlistment for profession, trade and calling.—Every person engaged or intending to be engaged in any profession, trade or calling in a municipal area as specified in Schedule I, either by himself or by an agent or representa tive, shall obtaina certificate ofenlistment or get the same renewed annually, as the case may be, from the Executive Officer of the Municipality or, in his absence, from the officer authorised to function as the Executive Officer upon presentation of an application together with such application fee, not exceeding rupees one thousand and five hundred, as may be determined by the Board of Councillors by regulations : 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.". Ss. 118-119] The West Bengal Municipal Act, 1993 79 calling, as specified in Schedule I, and as may be detailed in the;guidelines issued by the State Government for the purpose, in any municipal aVea, either by himself or by an agent or representative, shall obtain a Permanent^Gertificate of Enlistment or Provisional Certificate of Enlistment, as the case may be, as per modalities specified in sub-section (2), or get the Permanent Certificate of Enlistment renewed, on or before the expiry of the validity period thereof, from the Executive Officer of the Municipality or, in his absence, from the officer authorised to function as the Executive Officer, upon presentation of an application together with such application fae, as specified in the guideline, at such rates, not exceeding rupees one thousand and five hundred per annum, and also the documents as may be determined by the State Government by issuance of guidelines from time to time. Application form for the purpose shall be available either from the Municipal office on payment of such fee as may be determined by the Municipality or through the web portal: Provided that the Provisional Certificate of Enlistment shall not be renewable and on or before completion of the validity period of Provisional Certificate of Enlistment, the same has to be converted into Permanent Certificate of Enlistment: Provided further 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) Notwithstanding anything contained in sub-section (1), the application for enlistment of profession, trade and calling may also be submitted through web portals, as may be determined by the State Government along with the manner of sublnission of sucH applications in the guidelines, mentioned in sub^ section (1). In the case of applications under this sub-section, where any or all necessary statutory clearance remain pending. Provisional Certificate of Enlistment be issued for a period of one year, and where all the statutory clearances are available, the Perrhanent Certificate of Enlistment be issued by the Municipality concerned within the time limit as may be determined by the guidelines under sub-section (i) on receipt of requisite fees, the recipient of the Provisional Certificate of Enlistment shall obtain all statutory clearances based on this Provisional Certificate of Enlistment, and on or before the expiry of validity of the Provisional Certificate of Enlistment shall apply for Permanent Certificate of Enlistment, and shall receive the Permanent Certificate from the municipal office on payment of requisite fee as may be determined by guidelines. The manner of issuance of Provisional and Permanent Certificate of Enlistment shall be such as may be determined bythe State Government in the Guidelines mentioned in sub-section (1). (3) Permanent Certificate ofEnlistment under sub-section (1) orsub-section (2) may be obtained* for a maximum period of three years together and be renewed for a maximum period ofthree years together, subject to condition that the fee for enlistment for thd period shall be deposited togetherat a time for which the certificate to be issued.]

119. Grant of certificate of enlistment.—The Executive Officer or, in his absence, the officer authorised to function as the Executive Officer shall, after 80 The West Bengal Municipal Act, 1993 [Ss. 119-121 making such enquiry as may be necessary and within thirty days of the receipt of the application undersection 118, grant him a certificate of enlistment if the application is in order, or shall reject the application if it is not in order.

120. Certificate of enlistment to be obtained within six months of coming into force of the Act.—(1) Notwithstanding anything contained in section 118 or section 119 or elsewhere in this Act or in any other law for the time being in force, within a period of six months from the date of coming into force of this Act (hereinafter in this sub-section referred to as the said date), every person engaged on the said date in any profession, trade or calling in a municipal area as specified in Schedule I, either by himself or by an agent or representative, shall obtain the certificate of enlistment referred to in section 118 in respect of the period from the 1st April. 1990 till the date immediately before the said date in accordance with the provisions of section 118 and the rules, if any, made under this Act. (2) Whoever commits any offence by contravening the provisions of sub section (1) shall be punished with fine in accordance with the provisions of section 440. S. Tax on advertisements other than / 121. Prohibition ofadvertisements in newspapers advertisement without written permission of Chairman.—(1) No person shall erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame, post, kiosk or structure any advertisement, or display any advertisement to public view in any manner whatsoever, visible rrom a public street or public place (including any advertisement exhibited by means of cinematograph), in any place within a municipal area without the written permission of the Chairman. [Provided that the permission under this sub-section shall be accorded subject to the submission of written consent, in original, of the owner or the authority of land, building^ wall, hoarding, frame, post, kiosk or structure upon or over which the advertisement has been proposed to be erected, exhibited, retained, by the person intending to erect, exhibit, fix or retain any advertisement, or display any advertisement to public view : Provided further that application for permission under this sub-section shall accornpany a declaration by the advertiser stipulating a time-frame within which the advertisement shall be erased, removed or taken down : Provided also that the application for permission shall also accompany a security deposit of such amount, as may be determined by the Board of Councillors, by order, which shall, if the advertisement is not erased, removed or taken down by the advertiser within seven days after the expiry of time-frame for erasure, removal or taken down of such advertisement as mentioned in the declaration, be deemed to have been forfeited and the money, so forfeited, shall be used by the Municipality for erasure, removal or taken down of the advertisement: Provisos added by theWest Bengal Municipal (Second Amendment) Act. 2006 (W.B. Act XXVIII of 2006), w e.f. 1.12 2008. S. 121 ] . The West Bengal Municipal Act, 1993 81 Provided also that when the advertisement is erased, removed or taken down within seven days after the expiry of the time-frame in the declaration, the security deposit shall forthwith be refunded.] (2) The Chairman shall not grant such permission if— (a) a licence for the use of the particular site for the purpose of advertisement has not been taken out, or (b) the advertisement contravenes any provisions of this Act or the rules or the regulations made thereunder, or (c) the tax, if any, due in respect of the advertisement has not been paid. (3) No person shall broadcast any advertisement, except on radio or television, without the written permission of the Chairman. ••[(4) Notwithstanding anything contained in this section or elsewhere in this Act or in any other law for the time being in force, non-commercial advertisement or advertisement related to public interest may, with the consent, in writing, of the owner or the authority, be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post, kiosk or structure, or displayed to public view in any manner whatsoever: Provided that no permission of the Chairman shall be required for erecting, exhibiting, fixing or retaining upon or over any land, building, wall, hoarding, frame, post, kiosk or structure, or displaying any advertisement, under this sub section : Provided further that no non-commercial advertisement, other than the advertisement related to public interest, shall be erected, exhibited, fixed or retained on — (/) the surface of any solid wall, or on any other permanent structure, including the terrace, in such manner which shall cover, even partially, any door, window, ventilation shaft, chimney, airconditioner, balcony or any other portion of the building covered with iron grill; (//•) the building or fence or any educational institution or hospital; (///) the building used for religious purposes; (/V) the gate or exit requirement of any building; (v) the electrical installation, like transformer, lamp post, switchgear box, meter room; {vi) the water supply installation, like pump house, pump, water main, boosting station or machinery, water tank or water reservoir; {vii) the portion of any public transport; (v//y)the buildings or structures owned by the Central Government, State Government or any local authority, or on any heritage building; (/x) the public street which may block the flow of pedestrians or traffic. Explanation.—\r\ this Chapter,— (a) the words "non-commercial advertisement" mean the advertisement which is related to the campaign of any political party, or an

1. Ins. by the West Bengal Municipal (Second Amendment) Act 2006 (W B. Act XXVIII of 2006), w.e.f. 1.12.2008. 82 The West Bengal Municipal Act, 1993 [S. 121 independentcandidate, to an election, or any campaign of any mass organisation; {b) the words 'advertisement related to public interest' mean the advertisement which is related to promoting public health, preservation and conservation ofenvironment, literacy campaign, fire protection, awareness oftraffic rules, communal harmony, displayed by the Government, or any registered non-Government organisation, or any political party, orany mass organisation, but shall not include the displaying of advertisement, in any manner whatsoever, for the purposes of— (/) selling or buying goods, real estates, services, concepts in lieu of financial or any other consideration; or (//) entertainment or recreational programme; or (///) setting up any marketing chain or network; or (/V) admission in any tutorial, academy, training center, commercial school, commercial college, or in any other organisation which imparts, or shall impart, any education, including technical education, in lieu of financial or any other consideration; or (v) recruitment of personnel through any private agency; (c) the words 'mass organisation' includes any registered trade union, organised workers' organisation, teachers' organisation, youth organisation, women organisation, peasants' organisation, students' organisation, pensioners' organisation, traders' organisation, unorganised workers' organisation; (d) the words 'political party' shall mean a political party as defined in clause (0 ofsection 2 of the Representation of the People Act, 1951 (43 of 1951). (5) Whoever contravenes the provisions of sub-section(4) shall be guilty of an offence and shall, on conviction, be punished with imprisonment for a term which may extend to six months and with fine not exceeding fifty thousand rupees: Provided that if such contravention is made for the benefit of any political party, or a mass organisation, or an independent candidate then such other persons and every president, chairman, director, partner, manager, secretary, agent orany other person, who was in charge of, and was responsible to, such political party or mass organisation or independent candidate shall also be deemed to be guilty of the offence and shall be liable to be proceeded and punished accordingly: Provided further that nothing contained in this sub-section shall render such other person, president, chairman, director, partner, manager, secretary, agent or any other person who was in charge of, and was responsible to, such political party or mass organisation or independent candidate, liable to any punishment under this sub-section, if h© proves that the offence was committed without his knowledge or that he had exercised due diligence to prevent the commission of such offence.] Ss. 122-123] The West Bengal Municipal Act, 1993 83

122. Licence for use of site for the purpose of advertisement.—(1) Except under and in conformity with the terms and conditions of a licence, no person, being the owner, lessee, sub-lessee, occupier or an advertising agent, shall use or allow to be used any site in any land, building, wall or erect or allow to be erected on any site any hoarding, frame, post, kiosk, structure, neon-sign or sky-sign for the purpose of display of any advertisement. (2) For the purpose of advertisement, every person — (a) using any site prior to the commencement of this Act, within ninety days from the date of commencement of this Act, or (b) intending to use any site, or (c) whose licence for the use of any site is about to expire, shall apply for a licence or renewal of a licence, as the case may be, to the Chairman in such form as may be specified by the Board of Councillors. (3) The Chairman shall, after making such inspection as may be necessary and within thirty days of the receipt of the application, grant, refuse, renew or cancel a licence, as the case may be, on payment of such fee as may be determined by the Board of Councillors by regulations. (4) If the Chairman, having regard to public safety, traffic hazard or aesthetics, is of opinion that the proposed site for any advertisement is unsuitable, he may refuse a licence or refuse to renew any existing licence. (5) Every licence shall be for a period of one year except in the case of sites used for temporary fairs, exhibitions, sports events or cultural or social programmes. (6) The Chairman shall cause to be maintained a register wherein the licences issued under this section shall be recorded in such manner as may be determined by regulations.

123. Tax on advertisements.—(1) Every person, who exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post, kiosk or structure any advertisement, or displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematograph), shall pay for every advertisement, which is so erected, exhibited, fixed or retained or displayed to public view, a tax calculated at such rate as the Board of Councillors may determine by regulations : ^[Provided that the minimum such rate shall be,—] (a) In the case of posters, rupee one per square metre per month; (b) in'the case of non- rupees one hundred per illuminated advertisements, square metre per year; (c) In the case of illuminated rupees two hundred per advertisements, square metre per year; (d) in the case of others, the rate which the State Government may determine from time to time; Subs, by s. 9 of the West BengalMunicipal (Amendment) Act, 2003 (W.B. ActXIII of 2003), w.e.f. 1.10.2003 for "Provided that such rate shall not exceed". 84 The West Bengal Municipal Act, 1993 [Ss. 123-125 Provided further that a surcharge, not exceeding fifty per cent of the rate applicable to any case, may be imposed on any advertisement on display in temporary fairs, exhibitions, sports events or cultural or social programmes. (2) Notwithstanding anything contained in sub-section (1), no tax shall be levied under this section on any advertisement which — [(a) relates to 'non-commercial advertisement' or 'advertisement related to public interest' as defined in the Explanation to sub-section (4) of section 121; or] (b) is exhibited within the window of any building, if the advertisement relates to any trade, profession or business carried on in that building; or (c) relates to any trade, profession or business carried on within the land or the 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 the same; or {d) relates to the name of the land or the 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 the business of a railway administration and is exhibited within any railway station or upon any wall or other property of a railway administration; or (0 relates to any activity of in aid of the Government or a Municipality. (3) The tax on any advertisement leviable under this section shall be payable in advance in such number of instalments and in such manner as the Board of Councillors may by regulations determine: Provided that the Board of Councillors may, under the terms and conditions of a licence, require the licencee to collect and pay to the Municipality, subject to a deduction, not exceeding ten per cent, to be kept by him as collection charges, the amount of tax in respect of such advertisements as are displayed on any site for which he is the licencee.

124. Presumption In case of contravention.—Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post, kiosk or structure or displayed to public view from a public street or public place in contravention of the provisions of this Act or the regulations made thereunder, it shall be presumed, un'ess the contrary is proved, that the contravention has been committed by the person or persons on whose behalf the advertisement purports to be or the agem or agents of such person or persons.

125. Power of Chairman In case of contravention.—If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or the regulations made thereunder, the Chairman may require the owner

1. Subs, by the West Bengal Municipal (Second Amendment) Act, 2006 (W.B. Act XXVlll of 2006), w.e.f. 1.12.2008, for— "(a) relates to a public meeting orto an election to Parliament or the State Legislature or a Municipality orany other local authority or to any candidature in respect of such election; or". Ss. 125-128] The West Bengal Municipal Act. 1993 85 or the occupier of the land, building, wall, hoarding, frame, post, kiosk or structure upon or over which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building or property and cause the advertisement to be dismantled, taken down, removed, spoiled, defaced or screened. Explanation I—The word "structure" in this Chapter includes any movable board on wheels used as an advertisement or advertisement medium. Explanation II—The word "advertisement", in relation to a tax on advertisement under this Act, shall mean any word, letter, model, sign, sky- sign, placard, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or in part for the purposes of, advertisement, announcement or direction.

126. Fine for not paying tax on advertisements.—If any person erects, exhibits, fixes or retains any advertisement referred to in this Chapter without paying the tax due, he shall be punished with fine to be imposed by the Chairman-in-Council which— (/) may extend to an amount equal to three times the amount payable as such tax, and (//) shall not ordinarily be less than an amount equal to one and a half times such tax: Provided that such fine shall be recovered from such person or persons as the Chairman may adjudge responsible for not paying the tax. C. Tax on carts and carriages

127. Registration and numbering of carts and carriages.—(1) When it has been determined that a tax on carts and carriages shall be imposed, the Board ofCouncillors may make and publish an order that every cart orcarriage, which is kept or is used in the ordinary course of business within a municipal erea, shall be registered by the Chairman-in-Council with the name and residence of the owner and shall bear the number of registration : Provided that such order shall be published at least one month before the beginning ofthe half-year in which such order for registration shall be enforced. (2) This section shall not apply to— (a) carts or carriages which are the property ofthe Government or ofthe Municipality; (b) carts or carriages which are kept without the limits of a municipal area, and are only temporarily and casually used within such limits. (3) The registration of carts and carriages shall be made and the number assigned yearly or half-yearly on such days as the Chairman-in-Council may notify.

128. Tax for registration.—The tax payable for registration for every cart or carriage shall be such as the State Government may fix for carts and carriages of different types; Provided that such tax shall not exceed rupees two hundred per annum, if the registration has effect for one year, or rupees one hundred for half year, if the registration has effect for half year. 86 The West Bengal Municipal Act, 1993 [Ss. 129-131

129. Carts or carriages not to be kept without being registered and without number.—No person shall keep, or be in possession of, cart or carriage not duly registered under this Act, nor shall any person, being the owner or the driver of any cart or carriage, fail to affix thereto the registration number under this Act.

130. Seizure and sale of unregistered carts or carriages.—(1) If any person owns or keeps any cart or carriage without registering the same as required by this Act, the Chairman, or any person authorised by him in this behalf, may seize and detain such cart or carriage (provided the same is not employed at the time of seizure in the conveyance of any passenger or goods) together with the animals, if any, drawing the same, and every police-officer shall, at the request of the Chairman or the person authorised by him in this behalf, assist in such seizure. (2) After the seizure under sub-section (1), the Chairman shall forthwith issue notice in writing that after the expiration of ten days, such cart or carriage and animals, if any, shall be sold by auction at such place as stated in the notice; and, if any tax, together with the cost arising from such seizure and custody, remains unpaid for ten days after the issue of such notice, the Chairman may sell the cart or the carriage and the animals, if any, seized for payment of the tax as aforesaid and the cost arising f«om such seizure, custody and scale. (3) The surplus sale-proceeds (if any) shall bei'credited to the Municipal Fund, and may be paid on demand to any person whQ establishes his right to the satisfaction of the Chairman: Provided that if, at any time before thesale is concludedfi^he person, whose cart or carriage and animals, if any, have been seized, terfders to the Chairfnan or the person authorised by him to sell the property the amount^ of all the expenses incurred and the tax payable by him, the Chairman shall forthwith release the cart or the carriage and the animals, if any, seized under sub section (1). (4) Notwithstanding anything contained in the foregoing provisions of this section, the surplus of the sale-proceeds of a cart or carriage and animals, if any, seized under sub-section (1), may be applied to the payment of any fine imposed for a breach of any provision of this Chapter; and any cart or carriage and animals, if any, which have been seized under sub-section (1), may be sold for the realisation of such fine.

131. Incidental provisions reiating to carts and carriages.—The State Government may by notification make rules on the following matters for the purposes of carrying out the provisions of this Chapter»—(1) mode of registration and numbering of carts and carriages; (2) levy of tax at varying rates for registration of different types of carts and carriages; ^ (3) mode of apportionment of tax between Sc3l authorities when carts or carriages are used or registered in the area of more than one local authority; (4) transfer of ownership of registered carts and carriages; (5) other matters not specifically provided in this Chapter. Ss. 132-133] The West Bengal Municipal Act, 1993 87 D. Tolls on ferri^ and bridges ^[132. Ferries may be declared as municipal ferries.—(1) Where ferry plies between two points oh a water course Within the limits of different municipal areas, the State Government, after considering the views of the Board of Councillors of the respective;?rFtuniofpal areas, may declare such ferry to be a municipal ferry, and direct that the profits derivable from the plying of such ferry shall be shared equally by the Municipalities governing the terminal points of such ferry and shall be credited to trie Municipal Funds of the concerned Municipalities: Provided that the leasing of such ferry shall be made by the concerned Municipalities by turns. (2) Where a ferry plies between two points on a water course and both the points are situated within one municipal area or one point is situated within the limits of a municipal area and the other point is situated within the limits of any other local authority, not being a Municipality, the State Government, after considering the views of the concerned Board of Councillors of such municipal area and the other local authority as aforesaid, may declare such ferry to be a municipal ferry, and, thereupon, the profits derivable from the plying of such ferry shall be credited to the Municipal Fund of the concerned Municipality:--^— Provided that every such ferry including the terminal points shall be maintained by the concerned Municipality. (3) Due compensation to any person for the loss which he may have sustained as a result of a ferry being declared to be a municipal ferry shall be given by the concerned Board of Councillors in the case of any ferry being declared to be a municipal ferry under sub-section (2), and in equal shares by the concerned Boards of Councillors in the case of any ferry being declared to be a municipal ferry under sub-section (1): Provided that the amount of compensation due in each such case shall be ascertained and awarded by an Executive Magistrate under section 17 of the Bengal Ferries Act. 1885 (Ben. Act 1 of 1885), or any other law for the time being in force.]

133. Duties of Chairman-in-Counoil in regard to municipal ferries.— Every municipal ferry shall be maintained by the Chairman-in-Council. The Chairman-in-Council shall do all things necessary to provide for the safety and convenience of travellers and the safety of property to be conveyed on such ferry.

1. Subs, by the W.B. Act XXII of 2000 w.e.f. 1.9.2000 for the following :

132. Ferries mey be declered to be municipsi ferries.—The Boerd of Councilors may, with the sanction of the State Government, declare that any ferry, not being vested in any other local authority written or adjacent to the limits of a municipal area, is a municipal ferry, and the profits derivable therefrom shall, upon suchdeclaration, be credited to the Municipal Fund : Provided that due compensation shall be made by the Board of Councillors to any person for the loss which he may have sustained in consequence of such ferry being declared to be a municipal ferry ; Provided further that the amount of compensation due in such case shall be ascertained and awarded by the Executive Magistrate under section 17 of the Bengal Ferries Act, 1885 (Ben. Act 1 of 1885), or any other law for the time being in force.". 88 The West Bengal Municipal Act, 1993 [Ss. 134-139

134. Rate of tolls to be established and published.—When it has been determined to impose tolls on municipal ferries, the Chairman-in-Council shall, from time to time, make and publish an order specifying the ferries and, with the sanction of the State Government, the rates at which such toll shall be levied, and shall cause a copy of such order to be permanently affixed on some conspicuous place at the ferry ghat.

135. Keeping of unauthorised ferry-boat.—No person shall keep a ferry-boat, whether or not plying for hire, within a distance of two miles above or below any municipal ferry without the previous sanction — (/) of the Board of Councillors, if he plies within the limits of a municipal area, (/•/•) of the Magistrate of the district, if he plies outside the limits of a municipal area, or {Hi) of the Magistrate of the district, if one of the two banks between which he plies is within and the other bank is outside the limits of a municipal area.

136. When persons crossing river not liable to toll.—No person shall be liable to pay any toll for crossing any river or stream at or near a municipal ferry, if he crosses the river or stream in a boat or other appliance which is kept for the personal or non-commercial use of such person: Provided that he shall be liable for payment of such charges as may be fixed by the Municipality for use of jetty, ghat, stairs, or any other facility provided by the Municipality.

137. Cancellation of ferry lease etc.—Every lease of a ferry given by the Board of Councillors as hereinafter provided shall be liable to be cancelled at once, if it appears to the Board of Councillors that the lessee has failed to make due provision for the safety or convenience of travellers or the safety of property to be conveyed on the ferry, within fifteen days after being required to do so by a notice in writing from the Board of Councillors. On cancellation of the lease, the Chairman-in-Council maytake possession of all boats and other appliances which have been used by the lessee in the working of the ferry and deal with the same in the manner prescribed.

138. Ferries concerning more than one Municipality etc.— Notwithstanding anything contained in this Chapter ''[whenever matters relate to] a municipal ferry and a public, or private ferry, such matters shall be governed by the provisions of the Bengal Ferries Act, 1885 (Ben. Act 1 of 1885), and the rules made thereunder.

139. Power of Board of Councillors to establish toll-bars.—The Board of Councillors, with the sanction of the State Government, may establish a toll-bar and levy tolls on any bridge or at any place within a municipal area adjacent to any bridge at which tolls may conveniently be levied on vehicles, carriages, carts and animals passing over such bridge; and the profits derivable therefrom shall be credited to the Municipal Fund : Provided that no such toll-bar shall be established or tolls levied, otherwise than for the purpose of recovering the expenses incurred in constructing such

1. Subs. W.B. Act XXII of 2000, w.e.f. 1.9.2000, for "whenever matters relating to ferries concern more than one Municipality or". Ss. 139-144] The West Bengal Municipal Act. 1993 89 bridge and in maintaining such bridge in repair for five years next after the construction thereof together with interest on such expenses.

140. Existing toll-bars.—The State Government may, with the consent of the Board of Councillors, make over to the Board of Councillors any existing toll- bar on a bridge within the limits of a municipal area to be administered by the Board of Councillors until the State Government otherwise directs. Every such, toll-bar, while so administered, shall be deemed to be a municipal toll-bar, ana the profits derivable therefrom or such parts thereof as shall be agreed upon between the State Government and the Board of Councillors shall be credited to the Municipal Fund.

141. Prohibition of taking unauthorised tolls.—No person authorised under this Act to collect tolls shall demand or take any tolls higher than the tolls fixed under this Act.

142. Seizure and sale consequent on non-payment of toll.—(1) If the toll due on any vehicle, carriage, cart or animals is not paid on demand, the person authorised to collect the same may seize such vehicle, carriage, cart or animal, or any part of its load of sufficient value to defray the toll, and shall give immediate notice of such seizure to the Chairman. (2) Upon such seizure, the Chairman shall forthwith issue a notice in writing that after the expiration of ten days, he will sell the property seized by auction at such place as he may state in the notice; and if any toll together with the cost arising from such seizure and custody remains undischarged for ten days after the issue of such notice, the Chairman may sell the property seized for the discharge of the toll and the expenses occasioned by such non-payment, seizure, custody and sale. (3) If the load or sufficient part thereof consists of articles which are subject to speedy and natural decay or consists of livestock; such load or part thereof may forthwith be sold under the order of the Chairman. (4) The surplus sale-proceeds, if any, after realisation of all dues or expenses shall be credited to the Municipal Fund, and may be paid on demand to any person who establishes his right to the surplus sale-proceeds as aforesaid to the satisfaction of the Chairman : Provided that if, at any time before the sale has been concluded, the person whose property has been seized tenders to the Chairman or the officer appointed by him to sell the property the amount of all the expenses incurred and the toll payable, the Chairman shall forthwith release the property seized.

143. "'[Prohibition as to the refusal to pay, or the avoidance of payment of, toll.]—No person taking through a toll-gate any vehicle, carriage, cart or animal (not exempted from ton; shall refuse to pay the toll, nor shall any person fraudulently avoid taking through a toll-gate any such vehicle, carriage, cart, of animal with intent to evade payment of the toll.

144. Exemptions.—(1) No toll shall be paid for the passage of— (a) Government stores or persons in charge of them; or Subs, by the W.B. Act XXX of 1994, w.e.f. 13.7.1994for "Penalty for refusing to pay or avoiding payment of toll". 90 The West Bengal Municipal Act, 1993 [Ss. 144-148 {b) an officer of the State Government orofthe Central Government or of any local authority on duty, or of any person in his or its custody or of any property belonging to him or it or in his or its custody, or of any vehicle, carriage, cart or animal employed by him or it, for the transport of such property; or (c) conservancy carts or other carriages, carts or animals belonging to the Municipality or of persons in charge of the Municipality. (2) The Board of Councillors may, from time to time, exempt any class of persons or things not specified in sub-section (1) from payment of toll and may, while granting a lease of any ferry or toll-bar, stipulate that any municipal employee or municipal property or any other person or thing shall be allowed to pass without payment of toll.

145. Board of Councillors to collect tolls in a navigable channel.—(1) If the State Government at any time declares that the provisions of the Canals Act, 1864 (Ben. Act. VII of 1864), or any other similar law for the time being in force, are applicable to any navigable channel which passes through the limits of a municipal area it may, with the consent of the Board of Councillors of such Municipality, appoint it to collect tolls in accordance with the provisions of section 8 of the said Act until the State Government otherwise directs, and the profits derivable therefrom or such part thereof as may be agreed upon between the State Government and the Board of Councillors, shall be credited to the Municipal Fund. (2) In every such case, the Board of Councillors shall exercise all the powers vested in the Collector under the said Act.

146. Police-officers to assist.—In any case of resistance to the person authorised to collect tolls orexercise the power to cause seizure and sale, the police-officers shall assist such person when required by him, and, for such purpose, shall have the same powers as they have to exercise their ordinary police duties. CHAPTER XII Recovery of taxes

147. Manner of recovery of taxes under the Act.—Save as otherwise provided in this Act, any tax levied under this Act may be recovered In accordance with the following procedure and in such manner as may be prescnbed; (a) by presenting a bill, or (b) by serving a notice of demand, or (c) by distraint and sale of a defaulter's movable property, or (d) by the attachment and sale of a defaulter's immovable property, or (e) in the case of property tax on lands and buildings, by attachment of rent due in respect of the land or the building, or (f) as a public demand under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913).

148. Incidence of property tax.—(1) The property tax on land or building shall be leviable in equal shares upon the owner and the occupier: Provided that the surcharge under section 97 shall be leviable upon the occupier. Ss. 148-151] The West Bengal Municipal Act, 1993 91 (2) On the failure to recover any sum due on account of property tax from the owner, such sum shall, notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956 (West Ben. ActXII of 1956), be recoverable from the occupier by attachment of rent payable by him to the, owner. (3) An occupier from whom any sum is recovered under sub-section (2) shall be entitled to reimbursement by the owner for the payment of such sum or adjustment of such sum against the rent payable.

149. Presentation of bill.—(1) When a property tax becomes due on any land or building, the Chairman shall cause to be presented to the owner or the occupier thereof a bill for the amount due. 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 it is due. i[150. Amount of tax payable, and tax to be paid in advance.—(1) Unless the amount entered in the assessment list is subsequently altered as provided in this Act, the amount entered in the list, 2[ ***] shall be deemed to be the amount due on account of property tax on the annual value of holdings. In the case of subsequent alteration, if any, the amount in relation to which the assessment or rating is so altered shall be deemed to be the amount due. (2) Such tax shall be payable in quarterly instalments and every such instalment shall be deemed to be due in the first day of the quarter in respect of which it is payable. (3) Ifany amount due is paid within thirty days from the date of presentation of the bill under section 149, a rebate, not exceeding ten per cent of such amount as may be determined by the Board of Councillors, shall be allowed. (4) Subject to the provisions of sub-section (2), the payment of taxes may be made in such manner as may be prescribed.]

151. Notice of demand and noticefee.—(1) Save as otherwise provided in this Act, if the amount of the property tax for which a bill has been presented under section 149, is not paid within thirty days from the presentation thereof or if the tax on advertisements is not paid after it has become due, the Subs, by the W.B. Act XLV of 1994, w.e.f. 10.10.1994 for the following ; "150. Time end menner of payment of taxes.*—Save as otherwise provided in this Act, any tax levied under this Act shall be payable on such date, in such number of 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), such rebate, not exceeding ten per cent of such amount as may be determined by the Board of Councillors, shall be allowed.". Omitted by s. 10 of the West Bengal Municipal (Amendment) Act, 2009 (W.B. Act III of 2009) w.e.f. 1.6.2009, for the words "the notice relating to which is published under sub section (1) of section 111,". 92 The West Bengal Municipal Act, 1993 [Ss. 151-152 Chairman may cause to be served upon the persons, liable for the payment of the same, a notice of demand in such form as may be • [prescribed.] (2) For every notice of demand which the Chairman causes to be served on any person under this section, a fee of such amount, not exceeding twenty-five rupees, as the Board of Councillors may ^[cletermine], shall be payable by such person and shall be included in the cost of recovery. (3) If any person liable for payment of any tax under this Act does not, within thirty days of the service of the notice of demand, pay the sum due, he shall be deemed to be in default. (4) When a person liable for payment of any tax under this Act is deemed to be in default under sub-section (3), such sum, not exceeding fifteen per cent of the amount of tax, as may be determined by '•[the Board of Councillors,] may be recovered from him by way of penalty, in addition to the amount of the tax and the fee payable under sub-section (2). ^[(5) On the amount ofa bill remaining unpaid after its presentation under sub-section (1) of section 149, simple interest shall be payable at such rate, not exceeding 10 per cent per annum, as may be determined by ^[the Board of Councillors] from time to time, on the said amount from the day next after the expiry ofthirty days from the commencement of the quarter following that in which the bill is presented: ^[Provided that the Board of Councillors may, with the prior approval of the State Government, waive the interest as specified in this sub-section in respect of one or more holdings, either wholly or in part.] Explanation.—In calculating the interest payable under this sub-section, a fraction of a rupee in the amount of a bill on which interest is to be calculated shall,— (a) where it is less than 50 paise, be left out of account, and (d) where it is not less than 50 paise, be taken as one rupee.] (6) The amount due as penalty or interest under this section shall be recoverable as an arrear of tax under this Act. tax.—(1) If any person liable for payment of any tax does , wi hin sixty days of the service of notice of demand under section 151, pay e amount due, such sum together with costs, interest due and penalty may under a warrant issued in such form as may be specified by the h\/y a achment and sale behalf, of either by distress immovable and sale property, of movable of the defaulterproperty, as the Chairman may decide:

1. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "specified by the Board of Councillors by regulations". 2. *be W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "determine by regulations".

3. Subs, by the W.B. Act XLV of 1994. w.e.f. 10.10.1994 for the following : (5) Simple interest at such rates, not exceeding ten per cent per annum, as may be determined by the State Government from time to time may also be imposed on any amount of tax remaining unpaid with effect from the date from which the person liable for the payment deemed to be in default under sub-section (3)".

4. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "the State Government".

5. Ins. by s. 27 of the W.B. Act XVI of 2002. w.e.f. 2.9.2002. Ss. 152-155] The West Bengal Municipal Act, 1993 93 Provided that the Chairman shall not recover any sum the liability of which has been remitted on review under the provisions of this Act. (2) Every warrant issued under sub-section (1) shall be signed by the Chairman or any other officer authorised by him in this behalf.

153. Distress.—(1) It shall be lawful for any officer or other employee of the Municipality, to whom a warrant issued under this Chapter is addressed, to distrain, wherever it may be found in any place within the municipal area, any movable property belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions (a) the following property shall not be distrained ;— (/) the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils: (//) tools of artisans; (///) books of account; {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 Chairman, 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 to the person in possession thereof at the time of seizure a notice in writing in such form as may be specified by the State Government in this behalf that the said property shall be sold on the expiry of the period as therein mentioned. (3) If there is reason to believe that any property seized under a warrant of distress, 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 Municipality or to any other place appointed by the Chairman.

154. Disposal of distrained 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 Chairman 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 Chairman or discharged, the property seized shall, after the expiry of the period mentioned in the notice served under sub-section (2) of section 153, be sold by public auction by order of the Chairman.

155. Attachment and sale of immovable property.—(1) 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 shall be sold in auction unless the amount of tax due with costs of recovery is paid within the date specified in the warrant. 94 The West Bengal Municipal Act, 1993 [Ss. 155-158 (2) A copy of the order under sub-section (1) shall be affixed on a conspicuous part of the property and upon a conspicuous part of the office of the Municipality. (3) Any transfer of, or charge on, the property attached, or any interest therein, make without written permission of the Chairman, shall be void against all claims of the Municipality enforceable under the attachment. (4) The surplus of the sale proceeds, if any, shall, immediately after the sale of the property, be credited to 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 representative, and if the same is claimed by written application to the Chairman within one year from the date of the notice, a refund thereof shall be made to such person or representative. (5) All sales of property under this section shall, as far as practicable, be regulated by the procedure in force for the time being in the civil court with respect to sale after attachment. (6) No officer or employee of the Municipality shall directly or indirectly purchase any property at any such sale. (7) Any surplus, not claimed within one year as aforesaid, shall be the property of the Municipality.

156. Fee for distraint and attachment.—For every distrain and attachment made in accordance with the foregoing provisions of this Chapter, a fee of such amount, not exceeding two and a half per cent of the amount of the tax due, as shall, in each case, be fixed by the Chairman shall be charged and included in the costs of recovery.

157. Recovery from a person about to leave jurisdiction of Municipality.—(1) If the Chairman 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 the jurisdiction of the Municipality, he may direct the immediate payment by such person ofthe 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 such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress orattachment and sale in the manner hereinbefore provided, and thewarrant of distress or attachment and sale may be issued and executed without any delay. '

158. Sale of movable property situate beyond limits of municipal Judicial M • Magistrate having's unable to may, jurisdiction recover onany the sum due upon application of thedistraint, Chairman,the issue an warrant to any officer of the Court for the distress and sale of any movable property or effects belonging to the defaulter within any other part of the jurisdiction of the Judicial Magistrate or forward the warrant for the distress and sale of any movable property belonging to the defaulter within the jurisdiction of any other Judicial Magistrate exercising jurisdiction within West Bengal, and such other Judicial Magistrate shall endorse the warrant so issued, and cause it to be executed and the amount, if recovered, to be remitted to the Judicial Magistrate issuing the warrant who shall remit the same to the Chairman. Ss. 159-162] The West Bengal Municipal Act, 1993 95

159. Recovery under Ben. Act III of 1913.—After a defaulter has been proceeded against unsuccessfully under the foregoing provisions of this Chapter or with partial success, any sum due or the balance of any sum due may be recovered by the Chairman as a public demand under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913), together with interest and cost of recovery.

160. Distraint not unlawful for want of form.—No distress under this Act shall be deemed to be unlawful nor shall any person making the same be deemed to be a trespasser on account of— (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.

161. Occupiers to pay rent towards satisfaction of property tax.—(1) For the purposes of recovery of any property tax, the Chairman may cause to be served on any occupier a notice requiring him to deposit in the Municipal Fund any rent due or falling due from him in respect of the land or the building to the extent necessary to satisfy the sum due on account of property tax in respect of such land or building. (2) Every notice under sub-section (1) shall operate as an attachment of rent as aforesaid unless the sum due shall have been paid and satisfied, and the occupier shall be entitled to credit in the account with the person to whom such rent is due, any sum paid by him to the Municipality 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 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 deposit in the Municipal Fund any rent due or falling due which he is required to deposit in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by the Municipality as an arrear of tax under this Act.

162. Recovery oftax from unauthorised occupier of land or building.— (1) Where any land or building is in the occupation of any person not being the owner or occupier of such land or building, the amount of any tax, toll, fee, rate or other money due under this Act and assessed on the annual value of such land or building may be recovered from such person as if he were an occupier of such land or building : Provided that no sum shall be recovered from such person if it is not due in respect of the period during which such person has been in occupation of such land or building. (2) The assessment or recovery made under this section shall not by itself be deemed to confer upon such person any right or title as the lawful occupier of the land or the building as aforesaid. 96 Th West Bengal Municipal Act, 1993 [Ss. 163-165 charge in the^^se building or any other tax or ownership. fiiifanu owner of land or premises or disputed or premises on account'^ under this Act from the owner of any land recoverable under this Arr°^![^ expenses or charges unknown or the ownershinth O'" prefTiises is at an interval of not les«? th disputed, the Chairman may publish twice, sale of such land or orem' rnonths, a notification of such dues and of less than one month from'fh ^ realisation thereof and after the expiry of not the amount recoverable • publication of the notification, unless auction to the highest birin^ premises by public per cent of the purcha«5 ^®POsit, at the time of sale, twenty-five the date of sale. Such balance thereof within thirty days of in local newspapers anri^h published in the Official Gazette and (2) After dedu f ^^'^P'^ying on the land or the premises concerned, surplus sale proceeds^/'^^ ^niount due to the Municipality as aforesaid, the be paid, on demand t' credited to the Municipal Fund and may satisfaction of the Char Pcson who establishes his right thereto to the of the(3)sale, Any person whereup'on^h^^^ ^amount duecompetent at any timejurisdiction. before the completion such amount by a suit •^ abandoned. Such person may recover eneficially interesten ir>"^ ^ competent jurisdiction from any person ^64. Taxes noHn demand s all be called of thl'^P'^^P®'defect in quest' ^ orofofform.—(1) No made any other tax assessment and Act under this no (a) any clerical affected by reason of — c ornission ^^"^^"^^bcal mistake arising from any accidental slip in the namp person li ki "^^^'^cnce, place of business or occupation of any (^'0 in the property or thing liable to such tax, or (0 anvyClerical error assessment or of such tax, or vO any defect Provided that the r being of a substantial nature: application of any aggriev^H' ^"^^" ®'tber of his own motion or on the or clerical error or defect *Parson, correct any clerical or arithmetical mistake (2) It shall suffice for th aforesaid, assessment or valuation f P^'^P°^a of levying any tax under this Act or of any assessed or valued is so°rt under this Act, if the property taxed or be necessary to name th as to be generally known, and it shall not

165. Writing off irreco^^"®'^ °ccupier thereof, order strike off the books dues.—The Board of Councillors may by property tax or any other ta Municipality any sum due on account of the to be irrecoverable and shail account, which may appear to it State Government month thereof, communicate it to the PART V REGULATORY JURISDICTION CHAPTER XIII Streets and public places

166. Power to classify public and private street.—The Board of Councillors may classify public or private street into arterial road, connecting road, passage, pathway, lane and by-lane and specify the width of each class in accordance with such rules as may be made in this behalf.

167. Vesting of public streets, parking terminals, squares, parks and gardens in the Municipality.—(1) All public streets, bus, taxi or rickshaw stands or other parking or transportation terminals, squares, parks and gardens within the municipal area including the soil, subsoil, sub-drains, footpaths, pavements, stones and other materials, and all erections, materials and trees provided therein shall vest in the Municipality. (2) The State Government may, for reasons to be recorded in writing, by notification withdraw from a Municipality any public street, square, park or garden, or transportation terminal and transfer the same for a limited period to any other agency for development or maintenance thereof in the public interest. (3) The Chairman shall maintain a register in such form and in such manner as may be prescribed showing a list of all public streets, parking or transportation terminals, squares, parks and gardens and other properties vested in the Municipality including those transferred to other agencies under sub-section (2).

168. Power to the Municipality in respect of control of public streets, etc.—(1) All public streets, parking or transportation terminals, squares, parks and gardens vested in the Municipality shall be under the control of the Board of Councillors who shall cause the same to be maintained, controlled and regulated in accordance with the provisions of this Act and the rules and the regulations made thereunder. (2) The Board of Councillors shall, from time to time, cause all public streets vested in the Municipality to be levelled, metalled or paved, channelled, altered or repaired, widened, extended or otherwise improved or cause the soil thereof to be raised, lowered or altered, and may place and repair fences and posts for the safety of pedestrians. (3) The Board of Councillors shall, from time to time, cause various items of street furniture, including guard rails, traffic lights and traffic signs, street markings, median strips and similar other items, to be installed or done for public safety, convenience and expeditious movement of traffic, including pedestrian traffic. (4) The Board of Councillors may, for any public purpose turn, divert or temporarily or permanently close any public street or part thereof or permanently close any public square or garden : Provided that the Board of Councillors so closing any street, shall not do so for mere financial gain and shall be bound to provide reasonable means of access to persons occupying premises adjacent to such street. 97 98 The West Bengal Municipal Act, 1993 [Ss. 169-171

169. Rights of way for underground utilities.—Subject to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), the Indian Electricity Act. 1910 (9 of 1910) and such other Act as may be notified by the State Government for the purposes of this section, the State Government may by rules provide for the following: (a) the sanction by Board of Councillors of specific rights of way in the subsoil of public and private streets within the municipal area for different public utilities, including electric supply, telephone or other telecommunication facilities, gas pipes, water-supply, sewerage and drainage, shopping plazas, warehousing facilities and apparatus and appurtenances related thereto, provided by Government or any statutory body or any licensee under any of the said Acts; (b) the levy of any fee or charges-permissible under any of the said Acts; (c) the furnishing to the Municipality of maps, drawings and statements which shall enable itto compile and maintain precise records of the placement of the underground utilities within or without the limits of the municipal area.

170. Power to maintain maps of underground utilities.—The Chairman shall cause to be maintained complete survey maps, drawings, and descriptions of all the underground utilities within the municipal area, in such form and in such manner as may be prescribed, and shall ensure the secrecy ofthe same mconformity with provisions of the Official Secrets Act, 1923 (19 of 1923).

171. Power to acquire lands and buildings for public streets, public parking places and transportation terminals.—(1) The Board of Councillors may, subject to the other provisions of this Act, — (a) ^[require] any land together with structure, if any, standing thereon [to be acquired] for the purpose of opening, widening, extending or othenA/ise improving any public street, parking or transportation terminal, square, park or garden or of making a new one or for enforcing regular line of street; {b) [require] in relation to any land" or building as aforesaid, such land or building 4[to pe acquired] as the Board of Councillors may think expedient, outside the regular line or projected regular line of the public street as aforesaid. anri ^ building is ^[required to be] acquired under sub-section lonH III11 not be suitable of Councillors is satisfied or fit for any beneficialthat usethe remaining to the owner, portion it shall, of at the the request of the owner, ^[proceed for the acquisition, in addition, of], such remaining portion of the land which shall, on acquisition, vest in the Municipality.

1. Subs, by the W.B. Act XXX of 1994, w.e.f. 13.7.1994 for "acquire".

2. Subs, by ibid, w.e.f. 13.7.1994 -required".

3. Subs, by the W.B. Act XXX Oi ;i94, w.ef 13 7.1994 for "acquired".

4. Subs, by ibid, w.e.f. 13.7.1994 for "required". 5 Ins. by ibid, we.f. 13.7.1994.

6. Subs, by ibid, w.e.f. 13.7.1994 for "acquire, in addition". Ss. 171-173] The West Bengal Municipal Act. 1993 99 ••[(3) Where any land or building is required to be acquired under sub section (1) or sub-section (2), the procedure laid down in section 77 shall apply.]

172. Power to prescribe building line and street alignment.—(1) If the Board of Councillors considers it expedient to make regulation for any public street a building-line or a street alignment, or both a building-line and a street alignment, it shall give public notice of its intention to do so. (2) Every such notice shall specify a period within which objections will be received, and a copy of such notice shall be sent by post to every owner of premises abutting on such street who is registered in respect of such premises on the books of the Municipality: Provided that the failure or omission to serve such notice on any of the owners shall not invalidate the proceedings under this section. (3) The Board of Councillors shall consider all objections received within such period as it may fix in this behalf, and may then make regulation determining a building-line or a street alignment or both a building-line and a street alignment for such public street. (4) A register or book with plans attached shall be maintained by the Chairman showing all public streets within the municipal area including, in particular, those in respect of which a building-line or street alignment has been determined by regulation, and such register shall maintain such particulars as the Board of Councillors may determine and shall be open to inspection by any person upon payment of such fee as may, from time to time, be fixed by the Board of Councillors.

173. Restrictions on erection of, or addition to, buildings or walls within street alignment or building-line.—(1) No portion of any building or boundary wall shall be erected or added to within such street alignment as the Board of Councillors may determine by regulation under section 172 : Provided that the Board of Councillors may, in its discretion, permit additions to a building to be made within a street alignment, if such additions merely add to the height of, and rest upon, an existing building or wall, upon the owner of the building executing an agreement binding himself and his successors in interest— (a) not to claim compensation in the event of the Board of Councillors at any time thereafter calling upon him or such successors, by written notice, to remove any addition made to any building In pursuance of such permission, or any portion thereof, and (b) to pay the expenses of such removal. (2) Ifthe Board of Councillors refuses to grant the permission to add to any building on the grounds that the proposed site falls wholly or in part within a street alignment referred to in section 172, and ifsuch site or the portion thereof

1. Ins. by the W.B. Act XXX of 1994. w.e.f. 13.7.1994. -^00 The West Bengal Municipal Act, 1993 [Ss. 173-175 which falls within such alignment is not acquired by the Municipality within one year after the date of such refusal, it shall pay reasonable compensation to the owner of the site. (3) No person shall erect or add to any building between a street alignment and the building-line without first obtaining the permission of the Board of Councillors to do so. (4) If the Board of Councillors grants permission under sub-section (3), it may require the applicant to execute an agreement in accordance with the proviso to sub-section (1).

174. Power to take possession of, and add to street, land situated within street alignment or covered by projecting buildings.—(1) The Board of Councillors may, at any time, give notice to the owner of any land or building of its intension to take possession of — (a) any land abutting on a public street upon which any portion of any building or wall projects beyond the front of the adjoining building or wall on either side; or (b) any land not covered by building (including land on which a building has collapsed or been demolished or burnt down) which is situated within a street alignment referred to in section 172. (2) The Board of Councillors may come to an agreement with the owner, upon whom a notice under sub-section (1) has been given, to release such land for addition to street on condition of such relaxation in the enforcement of building regulations as the Board of Councillors may decide, and thereupon the building-line or street alignment referred to in section 172 may be enforced.

175. Power of setting back building to regular line of street.—(1) If any part of a building abutting on a public street is within the regular line of that street, the Board of Councillors may, whenever it is proposed— (a) to repair, rebuilt or construct such building or to pull down such building to an extent measured in cubic metre exceeding one-half thereof above the ground level, or (b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street, by an order, as respects the additions to or rebuilding, construction, repair or alteration of such building, require such building to be sei oack to the regular line of such street. (2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by reason of any order of the Board of Councillors or otherwise, taken down, the Board of Councillors may forthwith take possession of the portion of the land within the regular line of the street heretofore occupied by such building and, if necessary, clear the same. (3) Any land acquired under this section shall be deemed to be a part of the public street and shall vest in the Municipality. Ss. 175-177] The West Bengal Municipal Act, 1993 101 (4) The Board ofCouncillors may, while giving an order to set back building under sub-section (1), allow such relaxation, including a concession in floor area ratio, in building regulations as respects the addition to or rebuilding, construction, repair or alteration of the building as It may consider appropriate.'

176. Power of compulsory setting back of building to regular line of street—Where any building or. any part thereof is within the regular line of a public street and, in the opinion of the Board of Councillors, it is necessary to set back such building or part thereof to the regular line of such street in pursuance of any deveiopment plan, it may, by a notice served on the owner of such building in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof, which is within the regular line of such street, should not be pulled down and the land within the regular line acquired by the Municipality. (2) If such ownerfails to show satisfactory cause under sub-section (1), the Board of Councillors may require the owner by another notice to be served on him in accordance with the provisions of this Act to pull down the building or part thereof, which is within the regular line of the street, within the period specified in the notice. (3) If the owner fails to comply with the requirements of the notice under sub-section (2), the Board of Councillors may pull down the building or part thereof and all expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this Act. (4) The Board of Councillors shall, immediately after any building or part thereof is pulled down under sub-section (3), take possession of the portion of the land within the regular line of the street occupied by such building or part thereof, and such land shall, thereupon, be deemed to be a part of the public street and shall vest in the Municipality. .

177. Setting forward of building to regular line of street.—(1) If any building, which abuts on a public street, is In the rear of the regular line of such street, the Board of Councillors may, whenever it is proposed— (a) to rebuild such building, or (b) to alter or repair such building in such manner as will involve the removal or re-erection of such building or portion thereof which abuts on such street and to an extent measured in cubic metre exceeding one-half of such building or portion thereof above the ground level, by an order, as respects the rebuilding, alteration or repair of such building or portion thereof, permit or require such building to be set forward to the regular line of such street. (2) For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed to be a sufficient compliance with the permission or the requirement to set forward a building to the regular line of a street, if a wall of such materials and dimensions as are approved by the Board of Councillors is erected along such line. The West Bengal Municipal Act, 1993 [Ss. 178-180 Payment of compensation.—The Board of Councillors shall, for any acquisition made under this Chapter, pay compensation as awarded under the Land Acquisition Act, 1894 (1 of 1894)].

179. Projected public streets.—(1) The Board of Councillors may. from time to tirne, prepare schemes and plans of projected public streets, showing the direction of such street, the street alignment and the building-line on each of tnem. their intended width, and such other details as may appear desirable. The pr^isions 0 section 172 shall, with all necessary modifications, apply to public streets projected under this section. less than ten metres: projected streets, inclusive of footpath, shall not be Provided that — (a) the Board of Councillors may, for special reasons, reduce the w width of any.projected street; so, however, that the arlCI projected street shall not be less than six metres; (b) toe Board of Councillors may relax the requirement of width to any ent in case the projected street is, in effect, in widening of an existmg street. (1) The Board S of public streets for certain kind of traffic.— (a) or "lay. for sufficient reasons.— portion to the fo prevent danger, construction orinconvenience (b) proh b'^^ ensure quietness in any locality; the trari all public streets orany particular public street, emissio^ vehicle of such type, form, construction, weight, widely any vehicle laden with such heavy or un- constructto roadways or any under suS? ®°"' or ot any vehicle for public convenience, except use of use of anni* ®®i^'t'ons as to time, as lo time, moue mode ui of traction or luouiiiuuun, uduuuii ui locomotion. and assist protection of roadways, number of lights of such ch 96"eral precautions and upon the payment aeneraitw ""S®® as may be specified by the Board of Councillors (c) orohih P'OniDitf 3t all^pacifically *i in each case; to premis ^"""9 ®"y Particular hours, entry from or exit carrying such°tr pariicjiar public street Subs, by the W.B Act vyv r . "178. Payment tor the following : acquisition made und°^ ^^n^Pensation.—The Board of Councillors shall, for any adversely affected In det pt'^Pter, pay reasonable compensation to the person benefit accruing to the f compensation, allowance shall be made for any owner from the construction Pr®"i'ses or any adjacent premises belonging to the same oarden atnr ahn..t tha f 'mprovement of any other public street, square, park or of which th that public street, square, park or garden on account Of which the compensation is paid is closed.". Ss. 180-184] The West Bengal Municipal Act. 1993 i03 (2) Notices of prohibition under sub-section (1) shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, if such prohibition applies generally to all public streets; otherwise such notices may be advertised.

181. Temporary closure of public street.—The ^[Chairman] may temporarily close the whole or any part ofa public street to permit development and maintenance work, and may, subject to such conditions as may be determined by the '• [Chairman], authorise such closure for other purposes for any period not exceeding a month.

182. Closure of public street for parking purposes.—(1) The Board of Councillors may declare a public street or a portion of it, as a fee parking area. (2) Parking fee may be levied for each hour at such rate, and for such types of vehicles parked in different areas or for parking on different categories of streets at different hours of the day, as the Board of Councillors may determine : Provided that such fee for each hour shall not exceed ^frupees ten in the case of passenger vehicle and goods vehicle].

183. Sanction of Board of Councillors to projection over streets and drains.—(1) No person shall put up any platform, verandah, balcony, sunshade, weather-frame or the like to project over any public street without the written permission of the Board of Councillors. (2) Subject to any rules made by the State Government in this behalf, the Board of Councillors may, in its discretion, give to the owners or occupiers of buildings abutting on public streets written permission to erect or re-erect platform, verandah, balcony, sun-shade or weather-frame projecting on a public street or drain on such conditions as it may think fit and on payment of such fees or rent as it may, from time to time, fix.

184. Removal of encroachments over public streets, etc.—(1) The Board of Councillors — (a) may, without notice, itself or by any officer authorised by it in writing in this behalf, remove, alter or othenfl/ise deal with any structure, wall, hoarding, scaffolding, fence, rail, post, platform of other projection, obstruction or encroachment which has, without first obtaining its written permission, been erected or set up in, over, above or upon any public street, house-gully, sewer, drain, aquaduct, water-course or ghat; (b) may, itself or by any officer authorised by it in writing in this behalf, remove without notice any materials or goods or any movable property which has, without its permission, been deposited in a public street or in, over, above, or upon any house-gully or any public sewer, drain, aquaduct, water-course or ghat, or which remains so deposited, when the period covered by any permission given in this 1. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "Board of Councillors".

2. Subs, by s. 14 of the W.B. Municipal (Amendment) Act. 2006 (W.B. Act XXII of 2006), w.e.f. 1.10.2006. w.e.f. 1.10.2006. for the words "rupees two in the case of passenger vehicle and rupees five in the case of goods vehicles". 104 The West Bengal Municipal Act, 1993 [Ss. 184-186 behalf has expired, whether or not the offender is prosecuted under this Act or the rules or the regulations made thereunder ""f ***]. 2[(1A) Any expenditure incurred for the removal of any projection, obstruction or encroachment referred to in sub-section (1) shall be recovered as an arrear of tax under this Act from the person who erects or sets up such projection, obstruction or encroachment]. (2) If the person, who erects or sets up any of the projections obstructions or encroachments referred to in sub-section (1), is not known or cannot be found, the Board of Councillors may cause a notice to be posted up in the neighbourhood of the said projection, obstruction or encroachment, requiring any person interested in the same to remove it, and it shall not be necessary to name any person in such requisition. (3) No person shall be entitled to any compensation in respect of the removal of any projection, obstruction or encroachment under this section. If the expenses of removing or altering any such projection, obstruction or encroachment are paid by the occupier of the building in any case in which such projection, obstruction or encroachment was not erected or set up by offTh entitled to deduct the building any reasonable from expense the rentforpayable incurred by him oralteration. such removal to the owner

185. Penalty for encroachment of street or open space.—Whoever rernoves, not being duly authorised in that behalf, any earth, sand or other whir^h'^ encroachment in or upon, any street or open space mav p't "Hf property, shall, on conviction, be punished with fine which fiirthor^f^'^ u°u ^may ine wmch hundred extendrupees and,rupees to twenty in thefor case of continuing every offence, day after the with first during which such offence continues. np»r<^n causIng damage to street or street furniture.—(1) No C»\A/fiii 9 th ' ^he permission of the Board of Councillors or any other daman©' ^'9 up or make any alteration in, or otherwise anv P^^^'^frit, gutter, flags or other materials of any public street, or brackets Posts, fences and walls, including lamp-posts, lamps, nrnnarh. '^^-posts, property hydrants on a public street and accessories or public place, park,thereto, squareororany other municipal garden. chaii ahidl^iy Whom any permission is granted under sub-section (1) behalf ^ conditions as the Board of Councillors may impose in this contravenss any provision of sub-section (1) shall, on and in th© P""'®hed With a fine which may extend to one hundred rupees twenty rupees: ®continuinga offence,, with a further daily fine extending to Provided that such person shall, in addition to any penalty that may be imposed on him, be liable to pay the expenses which the Board of Councillors

1. Words and the offender shall be liable to pay the expenses of such removal which shall be recoverable as an arrear of tax under this Act." omitted by theW.B. Act XXX of1994, w.e.f. 13.7.1994.

2. Ins. by ibid, w e.f. 13.7.1994. Ss. 186-190] The West Bengal Municipal Act, 1993 105 may incur in replacement or restoration consequent on such contravention, and such expenses shall be recoverable as an arrear of tax under this Act.

187. Board of Councillors may require owners of land to repair damage to streets, etc.—Whenever any public street or drain or any other municipal property is damaged, washed away or eroded by any activity within any land or building (including tank) which exists by the side of such street, drain or property, the Board of Councillors may, by written notice, require the owner or occupier of such land or building to repair the damage and to restore the street, drain or property to its original condition as far as possible within a specified time, and it shall be incumbent upon such owner or occupier to comply with it, failing which the Board of Councillors itself may carry out the work of repair or restoration and the expenses thereof shall be recoverable from the owner or the occupier as an arrear of tax under this Act.

188. Naming and numbering of streets and numbering of premises.— (1) It shall be lawful for the Board of Councillors to — (a) give a name or a number to every public street; {b) cause to be put up or painted on a conspicuous part of any building, wall or any other place the name or the number by which such street is to be known; (c) determine the number or sub-number by which any premises or part thereof shall be known; and (d) require the owner of any premises or part thereof by a written notice, to put up a plate showing the number or sub-number of such premises or part determined under clause (c) in such position and manner as may be specified in such notice. (2) Any person, who destroys, pulls down or defaces any such name or number of a public street or number or sub-number of any premises or part thereof or puts up any name, number or sub-number different from that determined by the Board of Councillors, or any owner of any premises or part thereof who does not, on being so required, put up at his own expenses such number or sub-number of such premises or part thereof, shall, on conviction, be punished with a fine which may extend to fifty rupees. Private Street

189. Power to require owner to upgrade private street.—(1) The Board of Councillors may require any owner or owners of land or building within a municipal area to upgrade a private street within such land or building in respect of such items of work and in conformity with such standard as may be prescribed. (2) If such requirements are not complied with, the Chairman-in-Council may cause the execution of the work by its own agency and recover the expenses incurred, either in whole or in part, from the owner or owners, as the case may be.

190. Power of access over private street.—(1) The Board of Councillors shall have access over any private street for the purpose of extending civic services or providing civic amenities. ^Qg The West Bengal Municipal Act, 1993 [Ss. 191-1^2

191. Power to take over private streets.—(1) If any private street has been upgraded under section 189 and the majority of the owners of such street or owners of lands or buildings on such street express their consent in writing. Board of Councillors shall declare the same to be a public street. (2) If a private street has been in existence for not less than twenty and used by the people of the locality as a thoroughfare, the Board o Councillors may, notwithstanding anything contained in this section, declare such street to be a public street. (3) If the Board of Councillors decides, for reasons to be recorded in writing, to take over a private street, whether upgraded or not, it may, notwithstanding anything contained in this section, declare such street to be a public street (4) Upon a private street being declared by the Board of Councillors under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, to be a public street, such private street shall vest in the Municipality, free from all encumbrances, with effect from the date of such declaration.

192. New private street.—(1) Every person intending to layout or make a new street within a municipal area, shall give notice thereof in writing to the Chairman and shall furnish along with such notice plans and sections showing— (а) the intended level, direction and width of the street; (б) the situation and the boundaries of any buildings or plots abutting on such street or likely to be served by such street; (c) the position of any public street or streets to which the new street may have an access; (c/) the arrangements to be made for the levelling, paving, metalling, flagging, channelling, draining or lighting of the street; and (e) such other particulars as may be required by regulations, if any, made in this behalf. documll^ti'hflrJ'^n' ®^^ Chairman of the Information and the beercaked fo? farther Information or documents have documents, the Board ofCof^ me ooard of Councillors may either- information o Si?=, ""aklng of the new street, subject to such m Zn r® «"lay think fit; or ^ in writing which shall be communicated to the applicant wIthlMhI'sLS n' TnH mlvo rhf tai's to Issue any order under sub-section (2) ' i® Pe^son giving notl4 shall be entitled to lay out and make the proposed street In such manner as may have been specified in TrL^ion provision of this mir/.'J Act or any rules or i" ai^anner regulations not time for the Inconsistent being in with force.any (4) If any person who is erttlUed to proceed with any work under su^ section (2) or sub-section (3), fails to carry out such work within one year from the date on which he becomes so entitled his right to proceed with such work shall lapse. Ss. 192-193] The West Bengal Municipal Act, 1993 107 (5) If any person lays out or makes a new street in contravention of the provisions of this section, the Chairman-in-Council shall forthwith cause the work to be stopped and may execute its order for such stoppage with the help of the police. (6) Whoever lays out or makes-any such street in any manner contrary to the provisions of this Act or of any rules or regulations made thereunder or violates any order for stoppage of work under sub-section (5) shall, on conviction, be punished with imprisonment for six months orwith fine which may extend to five thousand rupees orwith both, and the Chairman-in-Council may cause any street so laid out or made to be altered and any building constructed on such street to be altered or removed and the expenses thereby incurred shall be paid to the Municipality by the offender, and shall be recoverable as an arrear of tax under this Act.

193. Layout plans.—(1) Before utilizing, selling, leasing out or otherwise disposing of any land ''[, which was not been converted into agricultural land under section 4C of the West Bengal Land Reforms Act, 1955 (West Ben. Act 10 of 1956),] or building as plots for construction of buildings thereon, the owner thereof shall.send to the Chairman a written application with a layout plan of the land showing the street or streets giving access to the plots into which the land may be divided and connections of such street or streets with any existing public or private streets and the following particulars :— (a) the size or sizes and the number of plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used; (b) the land use pattern depicting reservation or allotment of any site for any street, parking lot, open space, park, recreation ground, school, market or any other public purpose; (c) the intended level, direction and width of street or streets, including foot-paths; (of) the arrangement for water-supply, energy supply, drainage, sanitation and conservancy as respects the plot; (e) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conse or and lighting street or streets. (2) Within ninety days of receipt of any application under sub-section (1), the Chairman-in-Council shall, after obtaining such technical views as it may deem proper, either accord approval to the layout plan on such conditions as it may think fit or disallow it or ask for further information with respect to it. (3) Such approval shall be refused,— (a) if the particulars shown in the layout plan are in conflict with any arrangements which have been made or are likely to be made for carrying out any general scheme of development of the municipal area, whether or not such scheme is contained in the development plan or the development scheme prepared under any law in force for the time being;

1. Ins. by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998. 108 The West Bengal Municipal Act, 1993 [Ss. 193-194 (b) ifthe layout plan does not conform to the provisions of this Act and the rules and the regulations made thereunder; or (c) if any street proposed in the layout plan is not so designed as to connect it at one end with a street which is already open. (4) No person shall utilize, sell or otherwise deal with any land or layout or make any new street, nor shall any person make any construction on any plot comprised in such land without or otherwise than in conformity with the orders of approval of the Chairman-in-Council; and. if further information is asked for, no step shall be taken to utilize, sell or otherwise deal with the land or to layout or make the street until an order has been passed by the Chairman-in- Council upon receipt of such information : Provided that the passing of any such order shall not, in any case, be delayed for more than ninety days after the Chairman-in-Council has received such information as it considers necessary to enable it to deal with the application. H(5) Where the transfer of any land or building is executed before the layout plan has been approved, no plan for erection of a building within the meaning of sub-section (1) of section 197 on the said land or building shall be approved: Provided that the Chairman may, after considering the case, by order approve the plan for erection ofsuch building in relaxation of the provisions of this sub-section.)

194. Lighting of streets and public places and measures for lighting.— The Board of Councillors may— (a) take measures for lighting, in a suitable manner, such public streets and public places as may be considered necessary; {b) procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the purpose as aforesaid; (c) cause such lamps to be lighted by such means as may be" determined by them; (d) place and maintain— (0 electric wires for the purpose of lighting such lamps under, over, along or across, or {ii) posts, poles, standards, stays, struts, brackets and other contrivances for carrying, suspending or supporting lamps or electric wires in or upon, any Immovable property without being liable to any claim for compensation thereof : Subs, by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998 for the following : "(5) No sale deed shall be registered under any law for the time being in force for any land governed by this section until the layout plans have been approved under this section." Ss. 194-197] The West Bengal Municipal Act, 1993 109 Provided that such wires, posts, poles, standards, stays, struts, brackets or other contrivances shall be so placed as to occasion the least practicable inconvenience or nuisance to any person : Provided further that the Chairman-in-Council may, for carrying, suspending or supporting any lamps or electric wires, enter into an agreement with any firm or company or other Government agency for using, on terms and conditions mutually agreed upon, any posts, poles or standards erected and maintained by such firm, company or other Government agency.

195. Power to take measures for generation of electricity.—(1) The Municipality may, on its own or in collaboration with any one, erect plants for generation of electric power, subject to such rules as may be made in this behalf. (2) Notwithstanding anything contained in this Chapter, all matters relating to generation, transmission, supply or use of electrical energy in a municipal area shall be regulated by the provisions of the Indian Electricity Act, 1910 (9 of 1910).

196. Power to prohibit removal etc. of lamps.—(1) No person shall, without the written permission of the Chairman or any lawful authority, take away or wilfully or negligently break or throw down or damage — (a) any lamp or any appurtenances of any lamp or lamp-post or lamp- iron set up in any public street or any public place; (b) any electric wire for lighting such lamp; (c) any post, pole, standard, stay, strut bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp. (2) No person shall wilfully on negligently extinguish the light of any lamp set up in any public street or any public place. (3) If any person wilfully or through negligence breaks, or causes any damage to, anything referred to in sub-section (1), he shall, in addition to any penalty to which he may be subject under this Act, pay the expenses of repairing the damage so caused by him. CHAPTER XIV Building

197. Definitions.—(1) In this Chapter, unless the context otherwise requires, the expression "to erect a building" means — (a) to erect a new building on any site, whether previously built upon or not; (b) to re-erect — (/) any building of which more than one-half of the cubical contents above the level of plinth have been pulled down, burnt or destroyed, or (//) any building of which more than one-half of the superficial area of the external wall above the level of plinth has been pulled down, or {Hi) any frame-building of which more than half of the number of posts or beams in the external walls have been pulled down; The West Bengal Municipal Act. 1993 [S- 197 (c) to convert into a dwelling house any building or any part of a building not originally constructed for human habitation, subsequently appropriated for any other purpose; (d) to convert Into more than one dwelling house a building originally constructed as one dwelling house only; (e) to convert Into a place of religious worship or a sacred building any place or building not originally constructed for such purpose; (f) to roof or cover an open space between walls or buildings to the extent of the structure formed by the roofing or covering of such space; (Sf) to convert two or more tenements in a building Into a greater or lesser number of such tenements; {h) to convert Into astall, shop, office, warehouse or godown, workshop, actory or garage any building not originally constructed for use as such, or to convert any building constructed for such purpose by sub- Mslon or addition, in greater or lesser number ofsuch stalls, shops, offices, warehouses or godowns, workshops, factories or garages; {') to convert a building, which, when originally constructed, was legally exempt from the operation ofany building regulation contained In this or under any rules or regulations made under this Act or ^^h'Oh, had It 3ny beenother law for originally the time erected in Itsbeing in force, converted intowould form, a building have een subject to such building regulations; /) to convert into, or use as a dwelling house, any building which has een discontinued as, or appropriated for any purpose other than, a dwelling house; i^) to make any addition to abuilding; to close permanently any door or window In any external wall; remove or reconstruct the principal staircase or to alter Its position. purpo^e^foJ wh' Act, "use group" or "occupancy" shall mean the For the our ^building or part of a building is used or intended to be used, occupancy sh°n^K°^ classification of a building according to occupancy, contingent un deemed to Include subsidiary occupancies which are educational classification of occupancy shall include residential, (wholesaled'^^^embly, business, mercantile (retail), mercantile the occunan ^ storage and hazardous. The principal occupancy shall be In case n covering more than 50 per cent of the floor area of a building. hiiiiHi ° cccupancy covers more than 50 per cent of the floor area of riaccifir>"?' ^a ion of buildings shall t based beon classified as "mixed shall principal occupancy, use be building". The as follows: residential building", "educational building", "institutional building", assembly building", "business building", "mercantile building (retail)", mercantile building (wholesale)", "industrial building", "storage building", and "hazardous building". *^98] The West Bengal Municipal Act, 1993 m Power of State Government to make building rules and to classify municipal areas for the purpose of application of building rules. (1) The State Government may make rules to provide for — (a) the regulation or restriction of the use of sites for buildings, and (b) the regulation or restriction of building. (2) Without prejudice to generality of the foregoing power, such rules may provide for all or any of the following matters : (a) information and plans to be submitted together with application under any of the provisions of this Chapter; (b) requirements of sites; (c) means of access; (d) development of land into land sub-division and layout; (e) land use classification and uses; (f) open spaces; area and height limitation; (g) parking spaces; (h) requirements of parts of building plinth, habitable room, kitchen pantry, bathroom and water closet, loft, ledge, mezzanine floor, store-room, garage, roof, basement chimney, lighting and ventilation of room, parapet, wells, septic tanks, and boundary wall; (/) provisions for lifts; (/) exit requirements including doorways, corridors passageways, staircase, ramps and lobbies; (k) fire protection requirements including materials and designs for interior decoration; (/) special requirements of occupancies for residential building, educational building, institutional building, assembly building, business building, mercantile building, industrial building, storage building and hazardous building (including those for assembly, movement, parking, loading, unloading, public conveniences, water supply and vendors' plazas); (m) structural designs; (n) quality of materials and workmanship; (o) alternative materials, methods of design, construction and tests; (p) building services including electric supply, air-conditioning or heating, and telephone and telex; (q) plumbing services; (r) signs and outdoor display structures; (s) compliances with the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976) relating to land and building; (t) compliance with the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979) and such other Act or rules made thereunder as the State Government may direct; ''^'2 The West Bengal Municipal Act, 1993 [ Ss. 198-199 special provisions for building in the hill areas;] (u) any other matter considered necessary in relation to building activities. (3) The State Government may by notification exempt a municipal area or a group of municipal areas as classified under section 7 from the operation of all or any of the provisions of this Chapter or of the rules made under this section. (4) While such exemption as aforesaid remains in force in any municipal area or group of municipal areas, the State Government may make rules consistent with the provisions of this Chapter for application to such municipal area or group of municipal areas.

199. Power to regulate future construction of building in particular streets or localities.—(1) The Board of Councillors may give public notice of iis 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 Board of Councillors may consider suitable to the locality; or {b) that in any locality specified in such notice, there shall be allowed the erection of only detached or semi-detached buildings or both or row-houses 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 size; 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, business, assembly, mercantile, industrial, institutional, storage or hazardous buildings, shall not be allowed without the special permission of the Board of Councillors. (2) The Board of Councillors at a meeting shall consider all the suggestions or objections received within a period of three months of the publication of such notice, and may confirm the declaration or may modify it; so, however, that no such modification shall extend the effect of such declaration. (3) The Board ofCouncillors shall, in the manner prescribed, publish any declaration so confirmed or modified 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.

1. Ins. by the W.B. Act XLV of 1994. w.e.f. 10.10.1994. Ss. 199-200] The West Bengal Municipal Act, 1993 113 (5) The Board of Councillors shall ensure that such declaration is in conformity with the provisions of any Development Plan, if in force, under the West Bengal Town and Country (Planning and Development) Act, 1979.

200. Power to prohibit change of authorised use of building.—(1) No person shall, without the written permission of the Chairman or otherwise than in conformity with the conditions of such permission, — (a) use or permit to be used for the purpose of human habitation any building or part thereof not originally erected or authorised to be used for such purpose; (b) change or allow the change of the use of a 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 a tenement within a building to an occupational use, other than the use intended in the original sanctioned plan, nor materially alter, enlarge or extend the permitted use. (2) If, in any case, such permission is given, no change of occupancy or use shall be allowed before necessary alterations or provisions have been made to the satisfaction of the Chairman and in accordance with the provisions of this Act or the rules or the regulations made thereunder or any other law for the time being in force. (3) Any change of use made before the commencement of this Act, except in so far as such use is permissible under the provisions of the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), shall be deemed to be an unauthorised change and shall be dealt with under the provisions of this Act. (4) Without prejudice to any other action that may be taken against any person, whether owner or occupier, contravening any provision of this section, the Board of Councillors 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 Chairman may, if he deems fit, order that the unauthorised use be stopped forthwith : Provided that before making any such order, the Chairman shall give a reasonable opportunity to the person affected to show cause why such order shall not be made. (6) Any person aggrieved by an order of the Chairman under sub-section (5) may, within thirty days from the date of the order, prefer an appeal against the order to the Board of Councillors whose decision in the matter shall be final and conclusive. (7) Where an appeal is preferred under sub-section (6), the Board of Councillors may stay the enforcement of the order made by the Chairman under sub-section (5) 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 114 The West Bengal Municipal Act, 1993 [ Ss. 200-203 Chairman or the Board of Councillors to restrain from taking any action or making any order in pursuance of the provisions of this section. Expldnstion.—For the purposes of this Chapter, "unauthorised use" shall mean change or conversion of a building without sanction from one occupancy or use to another, such "occupancy" or "use" being for purposes, namely, residential, commercial, business, mercantile, industrial, storage, institutional, assembly and hazardous (dangerous and offensive): Provided that any change or conversion, which is considered not to be of material significance under the rules made under this Act, shall not be deemed to be an "unauthorised use" for the purposes of this Chapter.

201. Licence 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 Chairman in this behalf on such terms and conditions as may be determined by regulations. (2) The Board of Councillors shall determine by regulations a scale of fee to be paid for the issue of licence in respect of premises used for non-residential purposes under sub-section (1) : Provided that no such fee shall exceed five hundred rupees per month in respect of any premises.

202. Power to prevent use of premises for specified purpose in particular area for environmental reasons.—(1) The Board of Councillors 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 the notice and for reasons stated therein. (2) Any objection to any such notice shall be received within a period of one month from the publication of the notice. (3) The Board of Councillors shall consider all objections received within the period as aforesaid, 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) Every such declaration shall be published in the manner prescribed and shall take effect from the date of such publication. (5) 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 Chairman shall have the power to stop the use of any such premises by such means as he considers necessary. (6) The Board of Councillors shall ensure that such declaration is in conformity with the provisions of any Development Plan, if in force, under the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979).

203. Approval of building-sites and sanction of plan for erection of buildings.—No piece of land shall be used as a site for the erection of a Ss. 203-204A] The West Bengal Municipal Act, 1993 115 building unless such site has been so approved ^[on payment of a fee at such rate as may be prescribed, and] within the prescribed period, and no building shall be erected unless a building plan has been sanctioned for such erection 2[on payment of a fee at such rate as may be prescribed, and] in accordance with the provisions of this Chapter and of the rules and the regulations made under this Act: Provided that no piece of land shall be approved for the erection of a building and no building plan shall be sanctioned unless a certificate from the competent authority, as defined in clause (d) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), to the effect that there is no objection to the transfer of the land under sub-section (3) of section 5 of that Act, has been submitted along with the application for sanction of building plan under the rules made under this Act: Provided further that if the competent authority as aforesaid does not issue the certificate within three months frot^ the date of application for such certificate, it shall be presumed that the "no objection certificate" has been issued by it and no further reference to it shall be necessary.

204. Prohibition of building without sanction.—No person shall erect or commence to erect any building or execute any specified building work, except with the previous sanction of the Board of Councillors and in accordance with the provisions of this Chapter and of the rules and the regulations made under this Act in relation to such erection of building or ^[execution of work and on payment of such fee as may be prescribed :] "^[Provided that in case of allowing incremental Floor Area Ratio over and above the prescribed limit of Floor Area Ratio in the prescribed manner, rate or fee or charge payable for additional Floor Area Ratio shall be decided in terms of "Circle Rates" of the State Government, and the formula for this purpose shall be finalised by the State Government, and all such additional fees or charges to be collected on account of granting of additional Floor Area Ratio will be payable to the State Exchequer directly, and as may be decided by the State Government, a portion of the collected fees or charges shall be allotted or transferred to the Municipalities for undertaking developmental schemes.] . ^[204A. Construction of building in contravention of provisions of the Act or the rules made thereunder.—(1) Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being in force, any person, who, being responsible by himself or by any other person on his behalf, so constructs or attempts to so construct or conspires to so construct any new building or additional floor or floors of any building in contravention of the provisions of this Act or the rules made thereunder as endangers or is likely to endanger human life, or any property of the Municipality

1. Ins. by s. 15(1) of the W.B. Municipal (Amendment) Act, 2006, (W.B. Act XXII of 2006), w.e.f. 1.10.2006.

2. Ins. by s. 15(2) ibid, w.e.f. 1.10.2006.

3. Subs, by s. 2(1) of the W.B. Municipal (Third Amendment) Act, 2015, (W.B. Act XIX of 2015), w.e.f. 1.8.2015, for the words "execution of work.".

4. Proviso added by s. 2(2), ibid, w.e.f. 1.8.2015.

5. Ins. by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998. 116 The West Bengal Municipal Act, 1993 [Ss. 204A-207 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 (2 of 1974). (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 punishmentprovided 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.]

205. Application with building plan to erect or re-erect building.—Every person, who intends to erect or re-erect a building, shall first submit an application with a building plan in such form, accompanied by such plans and specifications, and containing such information, as may be prescribed or as may be required by the rules made under section 198.

206. Purpose for which building to be used and conditions of validity of notice.—(l) 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 Board of Councillors may require that a building may not be erected or re-erected for more than one occupancy or use or cor'trary to such mixed uses as the Board of Councillors may, from time to time, oetermine consistent with the provisions of this Act or any other law for the tirrie being in force.

207. Sanction of building plan and permission to execute work.— Within sixty days after the receipt ofany application with building plan or of any information or document which the ^[Board of Councillors] may reasonably require the applicant to furnish before deciding whether sanction shall be accorded in this regard, the '•[Board of Councillors] shall, by written order, (a) either accord sanction to the building plan conditionally or unconditionally and give permission to execute the work, or

1. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "Chairman". Ss. 207-209] The West Bengal Municipal Act, 1993 117 (b) refuse, on one or more of the grounds mentioned in section 210, to accord such sanction, or (c) accord sanction but impose conditions for compliance before permission to execute the work. (2) A building plan sanctioned under this section shall remain valid for three years from the date of such sanction, and may be renewed ""rfor such period, and on payment of such fee, as may be prescribed.]

208. Sanction to be deemed to have been granted if the Board of Councillors defaults in according sanction.—If, within the period referred to in section 207, the Board of Councillors has neither accorded nor refused to accord sanction to a building plan, nor granted permission to execute a work, 2[the applicant may appeal to the Municipality, in writing, in this regard, and if the appeal as aforesaid is not disposed of within 30 days from the date of the appeal, 3[ *** j sanction or permission shall be deemed to have been granted; and the applicant may proceed to execute the work; so, however, that nothing in this section shall be deemed to have permitted the applicant to contravene any of the provisions of this Act or of the rules made under section 198 or of any rules or regulations applying to such work. ^[208A. Validity and duration of permission for erection or construction of structure or building under West Ben. Act XLI of 1973.—Notwithstanding anything contained in this Chapter or elsewhere in this Act or in the West Bengal Panchayat Act, 1973, permission granted under that Act for erection or construction of any new structure or building or addition to any structure or building in any area shall, upon the constitution of such area a municipal area,— (a) be deemed to have been granted under this Act, and (b) remain valid for one year from the date of constitution of such area a municipal area ^[or for such period for which it was granted under the West Bengal Panchayat Act, 1973, whichever is greater.] ***j

209. Notice to Board of Councillors before commencement of work.— Not less than seven days before any person commences to erect or re-erect a building, the owner of the building shall send to the Chairman a written notice specifying the date on which he proposes to commence the work.

1. Subs, by s. 28 of the W.B. Act XVI 2002, w.e.f. 2.9.2002 for "for another two years on payment of such fees as may be levied by the Board of Councillors by regulations."

2. Ins. by the W.B. Act XXXII of.1997, w.e.f. 18.3.1998.

3. Words "this section" omitted by the W.B. Act XXII of 2000, w.e.f. 1.9.2000.

4. Ins. by the W.B. Act XIII of 1995, w.r.e.f. 13.7.1994.

5. Subs, by s. 28 of the W. B. Act XVI 2002, w.e.f. 2.9.2002 for "unless the Board of Councillors, on an application made in this behalf, allows an extension of such period".

6. Proviso which added by W.B. Act XXXII of 1997, w.e.f. 18.3.1998., formerly proviso was as under omitted by s. 29, ibid, w.e.f. 2.9.2002. "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 Municipality under this Act, the plan shall be revalidated by the Municipality before the completion of the work in respect of part construction or before the commencement of the work in respect of new construction". •I-IS The West Bengal Municipal Act, 1993 [Ss. 210-212

210. 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 regulations made thereunder; {b) that the ground plan, elevation, section or specification would contravene any of the provisions of this Act or the rules or the regulations 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 Board of Councillors in this behalfhas not been duly furnished, and, in the cases requiring a lay-out plan under section 193, such lay-out plan has not been sanctioned as required under this Act; (e) that the building or the work would be an encroachment of Government land or land vested in the Municipality; (f) that for the use ofthe building for non-residential purposes, if any, a licence for permission has not been obtained for such use as required under the provisions of this Act or any other law for the time bejnq 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 licence or permission from the Municipality or the Government or the appropriate statutory body, as the case may be.

211. Period for completion of building work.—The Board of Councillors shall, when granting permission conditionally or unconditionally to execute the work, specify a reasonable period within which the building or the work is to be completed, and if the building or the work is not completed within the period so continued thereafter without fresh permission unless e Board of Councillors, on an application made in this behalf, allows an extension of such period: Provided that the Board of Councillors may, if it considers necessary, require a modification of the building plan, for reasons to be recorded in writing, in e case of inordinate delay in completion of the work. ^ certificate.—(1) Every person submitting an application wi h building plan 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 Municipality a notice, in writing, of such completion accompanied by a certificate in such form as may be prescribed and shall give to the Municipality 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 any part thereof affected by any such work until permission has been granted by the Municipality in this behalf in accordance with the rules and the regulations made under this Act. Ss. 212-215] The West Bengal Municipal Act, 1993 119 Provided that if the Municipality fails, within a period ofthirty days of receipt ofthe notice ofcompletion, to communicate its refusal to grant such permission, "•[such person may make a representation in writing to the Chairman, and the Chairman shall, after such inquiry as he may think fit and after giving such person an opportunity of being heard, grant such permission, or communicate his refusal to grantsuch permission stating the reasons therefor, within a period of thirty days from the date of receipt of the representation as aforesaid failing which] such permission shall be deemed to have been granted.

213. Power in cases of buildings at corners of streets.—(1) Notwithstanding anything contained in this Act or the rules and the regulations made thereunder or any other law for the time being in force, the Board of Councillors may, in the case of any building which is intended to be erected at the corner of two streets,— (a) refuse sanction for such reasons as may be recorded in writing; or (b) impose restrictions on its use; or (c) impose special conditions concerning exit to or entry from any street; or (cf) require it to be rounded off or splayed off or cut off to such height and to such extent as may be determined; or (e) acquire whether by an agreement under section 76 or otherwise, such portion of the site at the corner as may be considered necessary for public convenience or amenity. (2) The Board of Councillors may also require any alteration to be carried out for conformity to any of the provisions in clauses (b) to (c) of sub-section (1) in respect of any building completed before the commencement of this Act.

214. Power to prevent the use of inflammable materials for building, etc.—(1) No roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass, leaves, mats or other inflammable materials except with the written permission of the Chairman, nor shall any such roof, verandah, pandal, wall, shed or fence, constructed or reconstructed, be retained beyond a period of three months after such construction or reconstruction except with the fresh permission obtained in this behalf. Every permission granted under this sub-section shall expire at the end of the period of three months for which it is granted. (2) The Board of Councillors may regulate the use of materials, design or construction, or other practices or interior decoration in accordance with such regulations as may be made in this behalf.

215. Inspection of building or work requiring sanction.—(1) The Chairman or any other person duly authorised by him in this behalf may, at any time and without notice, inspect any building or work in respect of which an application with building plan has been submitted, while the work is in progress, and shall cause such inspection 2[on receipt of the notice] of completion or credible information regarding such completion.

1. Ins. by s. 30 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002.

2. Subs, by the W.B. Act XVI of 2002, w.e.f. 2.9.2002, for "within two months of the receipts of the notice". 120 The West Bengal Municipal Act. 1993 [Ss. 215-217 (2) If, on making any inspection under sub-section (1), the Chairman or the other person as aforesaid finds that the building is being or has been erected— (a) otherwise than in accordance with the building plan as sanctioned, or (b) in such a way as to contravene any of the provisions of this Act or the rules or the regulations made thereunder, the Chairman may, by written notice, require the owner of the building eitherto make such alterations within such time as may be specified in the notice with the object of bringing the work into conformity with the said plans or provisions, as the case may be, or to appear before the Chairman and show cause why such alterations should not be made. (3) If the owner does not appear and show cause undersub-section (2), he shall be bound to make the alterations specified in such notice. (4) If the owner appears and shows cause under sub-section (2), the Chairman shall, after hearing him, either— (a) cancel the notice issued under that sub-section, or (b) confirm the same, subject to such modifications, if any, as he may think fit. (5) On the failure of the owner to comply with such order within the period specified therein, the Chairman may require any police officer of any employee of the Municipality to seal such area after evicting all persons, including the workmen, therefrom to prevent further work till such alterations are made.

216. Provisions of this Chapter not to apply in certain cases of additions and alterations.—The provisions of this Chapter and the rules and the regulations made thereunder relating to erection of buildings shall not apply to necessary repairs not involving any of the works which constitute a material addition or alteration. Explanation.—^An addition to, or alteration of, a building shall be deemed to be material if it— (a) increases or diminishes the heightof the area covered by, or affects the cubical contents of, the building or any part thereof ; or (b) affects or is likely to affect prejudicially the stability and safety of building in respect of sewerage, drainage, ventilation, and environmental safety; or (c) converts the building or any part thereof from one "occupancy" or "use" to another "occupancy" or "use"; or (cf) is an addition or alteration as defined in the rules and the regulations made under this Chapter.

217. Power to Board of Councillors to cancel permission on the ground of material misrepresentation by applicant.—If, at any time, sanction or provisional sanction to erect any building has been given and the Board of Councillors is satisfied that such sanction was given in consequence of any material misrepresentation or fraudulent statement contained in the plans, elevation sections or specifications or land or any material particulars submitted in respect of such building, it may cancel such sanction, and any work done thereunder shall be deemed to have been done without sanction. Ss. 218-219] The West Bengal Municipal Act, 1993 121

218. Order for demolition or alteration of buildings in certain cases. (1) If the Board of Councillors is satisfied— (a) that the erection of any building— (/) has been commenced without obtaining sanction or permission under the law, or (//) is being carried on or has been completed otherwise than in accordance with the particulars on which such sanction or permission was based, or after such sanction or permission has been lawfully withdrawn, or (Hi) is being carried on or-has been completed in breach of any provision contained in this Act or in the Schedule or in any rules or regulations in this behalf, or (b) that any building or projection exists in violation of any condition, direction or requisition lawfully given or made under this Act or the rules 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 breach of any provision contained in this Act or the Schedule or in any rules or regulations in this behalf, 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, 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 Board of Councillors within such period as may be fixed in this behalf. In default, such erection, alteration, addition or projection, as the case may be, may be demolished or altered by the Board of Councillors at the expense of the said owner. (2) The procedure relating to the opportunity of hearing to be given to the owner of the building under sub-section (1) shall be such as may be prescribed. (3) An appeal against an order made by the Board of Councillors in this behalf shall lie with the [Court having jurisdiction]. 2[(4) * * *] (5) Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Chapter, ifthe Chairman-in-Council is of opinion that immediate action is necessary in respect of any building being constructed, or any work being carried on, in contravention of the provisions of this Act, it may, for reasons to be recorded in writing, cause such building or work to be demolished forthwith.

219. Power to stop excavation.—If, during excavation or any other operation for the purpose of construction of any building or execution of any work, any of the underground utilities (such as electric or telephone cables, water-supply. 1. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "Municipal Appellate Tribunal constituted under this Act".

2. Omitted by ibid, w.e.f. 5.9.1995, which stood earlier as under; "(4) The order of the Tribunal shall be final and conclusive and shall not be questioned in any court of law.". ^•22 The West Bengal Municipal Act, 1993 [Ss. 219-222 sewerage and drainage mains, and gas pipe) is touched or is likely to be touched orif the Chairman isofopinion that such excavation may cause danger to public, he may, by a written order, stop forthwith any such excavation or other work till the matter is investigated and decided to his satisfaction.

220. Power of Chairman to stop unauthorised construction.—(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, the Chairman may, by written notice, require the owner or the person carrying on such erection or unlawful work to discontinue the same forthwith, pending further proceedings as respects such unauthorised construction. (2) If any notice issued under sub-section (1) is not duly complied with, the hairman may, with the assistance of the police or any employee of the Municipality, if necessary, take such steps as he may deem fit to stop the continuance of the unlawful work. (3) if it appears to the Chairman that it is necessary, in order to prevent the continuation of the unlawful work, to depute any police or employee of the unicipality to watch the premises, the cost of providing the same shall be ome y the person to whom the said notice was addressed.

221. Power to require alteration of existing buildings.—(1) The Board of ounci ors may, with a view to promoting safety, convenience, privacy or and thconformity with the provisions of this Act and the rules thp owner ^'"^Qulations made thereunder, of any existing by order building to make stating such reasonstherein alterations in writing, withinrequire such period as may be specified in the order: Provided that before making any such order, the Board of Councillors shall give a reasonable opportunity to the owner to show cause why such order should not be made. (2) An appeal against an order made by the Board of Councillors under this ^ecion shall lie with the Municipal Appellate Tribunal constituted under this suffi^^* buildings.—(1) The Board of Councillors may, for abut? i I ^publicbyoranprivate order street requiretothekeep owner the orexternal the occupier parts ofof the any building, building nrn"Perly painted P Tooftothereof, in proper of the satisfaction repair the with limeof plaster Board or other material or Councillors. (2) If such owner or occupier makes persistent default in carrying out an or er made in this behalf, the Board of Councillors may itself carry out the work and recover the cost thereof from the owner or the occupier of the building, as the case may be. (3) Notwithstanding anything contained in any other law for the time being in force, the Board of Councillors may apportion the costs incurred under sub section (1) or sub-section (2) between the owner and the occupier in such manner as it may consider just and reasonable. (4) The Board of Councillors 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. 223] jhe West Bengal Municipal Act, 1993 123

223. Power to order demolition of buildings, dangerous, ruinous or unfit for human habitation.—(1) Where the Board of Councillors, upon any information in its possession, is satisfied that any building is unfit for human habitation and is not capable, at a reasonable expense, of being rendered fit, it shall serve upon the owner ofthe building and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made. (2) If any of the persons upon whom a notice has been served under sub section (1) appears, in pursuance thereof, before the Board of Councillors and gives an undertaking that such person shall, within a period specified by the Board of Councillors, execute such work of Improvement in relation to the building as will, in the opinion of the Board of Councillors, render the building fit for human habitation or that the building shall not be used for human habitation until the Board of Councillors, on being satisfied that it has been rendered fit for human habitation, cancels the undertaking, the Board of Councillors shall not make an order of demolition of the building. (3) If no such undertaking as is referred to in sub-section (2) is given or if, in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period or the building is used in contravention of the terms of the undertaking, the Board of Councillors shall forthwith make an order of demolition of the building requiring that the building shall be vacated within such period, not being less than sixty days from the date of the order, as may be specified in the order, and demolished within ninety days after the expiration of that period. (4) Where an order of demolition of a building under this section has been made, the owner of the building or any other person having an interest therein shall demolish the building within the period specified in the order, and if the building is not demolished within such period, the Board of Councillors shall demolish the building and sell the materials thereof. (5) Any expenses incurred by the Board of Councillors under sub-section (4), which cannot be met out of the proceeds of sale of materials of the building, shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act. (6) In determining, for the purposes of this section, whether a building is unfit for human habitation, regard shall be had to its condition in respect of the fpllowing matters, that is to say,— (a) repair; (b) stability; (c) freedom from damp; (d) natural light and air; (e) water supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and-other polluted matter; and the building shall be deemed to be unfit as aforesaid if it is so defective in one or more of the matters as aforesaid that it is not reasonably suitable for occupation in that condition 124 The West Bengal Municipal Act, 1993 [Ss. 223-225 (7) For the purposes of this section, "work of improvement" in relation to a. building shall include any one or more of the following w6rks, namely (a) necessary repairs; (b) structural alterations; (c) provision of light points and water taps; (d) construction of drains, open or covered; (e) provision of latrines and urinals; (f) provision of additional or improved fixtures and fittings; (g) opening up or paving of courtyard; {h) removal of rubbish, filth and other polluted and obnoxious matter; (/) any other work, including the demolition of any building or any part thereof, which, in the opinion of the Board of Councillors, is necessary for executing any of the works specified in clauses (a) to (h).

224. Power to fix lamps, brackets, etc. to buildings.—^The Board of Councillors may erect or fix to the outside of any building, brackets for lamps to be lighted with oil or, subject to the provisions of the Indian Electricity Act, 1910 (9 of 1910), for lamps to be lighted with the electricity or otherwise or, subject to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), for telegraph wires or telephone wires or wires for the conduct of electricity for locomotive purposes. Such brackets shall be so erected or fixed as may not occasion any inconvenience or nuisance to the occupants of the said building or of any other building in the neighbourhood or to the public.

225. Powers to make regulations regarding buildings.—(1) The Board of Councillors may make regulations, consistent with the provisions of this Act and the rules made by the State Government thereunder. (2) Such regulations may supplement the provisions of this Act and the rules as aforesaid on the following matters, namely— (a) plans, specifications and other documents or particulars to be furnished with any application for building plan; (b) alteration or addition of any specific description, not falling within the scope of the provisions of this Chapter; (c) fees in accordance with such scale for plans, specifications, and information as are not othen/vise provided for; (d) type or description of building which, and the purposes for which a building, may or may not be erected in any specified area or areas, (e) licensing of builders surveyors and plumbers for erection of buildings as well as fees to be paid by builders, surveyors and plumbers for obtaining such licence and the qualifications to be possessed by them for the purposes of this Act; • (f) precautions to be takerc during construction of a building, including scaffolding, fencings, and storing of materials; (g) materials and method of construction to be used for external party- walls, roofs and floors; ^ •c (b) materials and method of construction of fireplace, chimneys, ram privies, urinals and cesspools; Ss. 225-225A] The West Bengal Municipal Act, 1993 -125 (/) ventilation and flushing of drains, latrines, urinals and cesspools, and the provisions ofaccess thereto from streets, and where a sewerage system has been provided, the connection of service privies with a sewer and the method of connection; (/) the proportion of any building-site, which shall not be built over, the amount of space to be left at the sides and back of any building and the areas of courtyards in proportion to the floor area of rooms abutting thereon; {k) height of any building or portion of a building in relation to the width of the street or streets onjA/hich it abuts; (/) width of foundation, height of plinth, and stability of structure; (m) minimum floor area, minimum height and ventilation of rooms used or intended to be used for human habitation; and any other matter affecting the ventilation or sanitation of the building; (n) regulation by specific rules of special classes by buildings, taking fire safety and health safety into account; (o) laying out of huts in a bustee in accordance with alignment lines, prescribed and demarcated on the grounds; (p) distance to be kept open between huts and alignment lines; (q) special provisions for buildings above 13.5 metres in height, taking ' construction safety, circulation space, and fire escape into account; (r) greenery, beautification and landscaping to be provided in erection of a building; (s) regulating in any manner not specifically provided for in this Act the erection of any enclosure, wall, fence, tent, awning or other structure, of whatever kind or nature on any land within the limits of a municipal area; (0 special rules for buildings which are used or intended to be used as storage buildings, institutional buildings, congregational buildings, industrial buildings or hazardous buildings to the extent not specifically provided for in this Chapter or in the Schedules or in the rules made under this Act. ^[(w) regulating construction of latrines.] 2[CHAPTER xiva Preservation and Conservation of Heritage Buildings 225A to 225Q. [ Omitted ]

1. Ins. by s. 11 of the West Bengal Municipal (Amendment) Act, 2009 (W B Act III of 2009) w.e.f. 1.6.2009.

2. Chapter XIVA containing sections 225A to 225Q relating to "preservation and conservation of the Heritage Building", ins. by the W.B. Act XXII of 2000, w.e.f. 1.9.2000, which was subsequently omitted by s. 32 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002. Former Sections 225A to 225Q of Chapter XIVA stood as under; "225A. Owner to maintain, preserve and conserve heritage building or site.—Every owner or occupier ofany heritage building or site declared as such by the Municipality shall maintain, preserve and conserve it and shall not change its use in [ Footnote continued on next page ] 126 The West Bengal Municipal Act, 1993 [Ss. 225A-225D [ Footnote continued from previouspage ] contravention of the provisions of this Act orthe rules or the regulations made thereunder for its maintenance, preservation or conservation. Explanation I.—The word "maintain", with its grammatical variations and cognate expressions, shall include fencing, covering, repairing, restoring or cleansing, or doing Oi any act which may be necessary for the purpose of preserving or conserving, of, or securing convenient access to, a heritage building or site. ^planation II.—"Owner" shall, notwithstanding anything contained elsewhere in this Act, include, for the purposes of this chapter,— (a) a joint owner of a heritage building orsite vested with the power ofmanagement thereof on behalf of himself and any other joint owner, or successor-in-title of any such joint owner; or (b) a manager, or trustee, vested with the power of management of a heritage building or site, or successor-in-office of such manager or trustee.

225B. Power of Municipality to declare a building or site as a heritage building or site.—^Where the Municipality, on the recommendation of the Heritage Conservation Committee and also of the Chairman-in-Council, is of the opinion that any building orsite in the municipal area should be preserved and conserved for historical, architectural, environmental or cultural purpose, it may declare such building or site as a heritage building or site ; Provided that during the period when any proposal for declaring a building or site as a heritage building or site is under consideration of the Heritage Conservation Committee orthe Chairman-in-Council, no owner of such building or site, or no lesseeor sub-lessee towhom such building or site has been leased out, shall transfer such building or site by way of sale, lease or mortgage without the prior approval of the Board of Coundilors.

2250. Gradation of heritage building.—The gradation of a heritage building according to itshistorical, architectural, environmental or cultural purpose shall be such as.may be prescribed.

225D. Heritage Conservation Committee.—(1) The Chairman-in-Council shall constitutea Committeeto be called the Heritage Conservation Committee with the Chairman as its Chairman and an officer of the Municipality as its Convenor. (2) The Committee shall have, in addition to the Chairman and the Convenor, seven other members of whom— (a) one shall be a nominee of the District Magistrate of the district, (b) one shall be a nominee of the Director of the Department of Archaeologyi Government of West Bengal, (c) one shall be an eminent architect, (d) one shall be an artist, (e) one shall be an environmentalist, (f) one shall be a historian, and (g) one shall be the concerned Executive Engineer of the Municipal Engineering Directorate. (3) The Committee may co-opt one person to be nominated by the concerned department ofthe State Government while dealing with any land or building undertrie management of the said department. (4) TheCommittee shall, in accordance with the provisions of this Act and the rules and the regulations made thereunder, scrutinize every application or proposal ft"* declaration ofa building or site as a heritage building or site, and recommend to, and also advise, theChairman-in-Council in respect of the preservation and conservation ofsuch building orsite as a heritage building or site. [ Footnote continuedon next pag® 1 Ss. 225D-225-1] The West Bengal Municipal Act, 1993 127 [ Footnote continued from previous page ] (5) The Committeeshall meet at such periodical interval as may be determined by the Chairman-in-Council. (6) The Chairman shall, in the case of emergency, take such measures as may be necessary for the preservation and conservation of a heritage building or site, provided that such measures shall be required to be approved by the Heritage Conservation Committee at its meeting.

225E. Powers and functions of Heritage Conservation Committee.—^The Heritage Conservation Committee shall have the power to function independent of the Board of Councillors for the purpose of preservation, conservation and maintenance of heritage buildings in so far as such power does not offend any other provisions of this Act or the rules made thereunder relating to construction or use of building: Provided that for erection or re-erection in a heritage building or part thereof, or for restoration of any heritage building to its old shape, design or beauty in the case of unlawful demolition, or for making any change of internal or external wall, structural pattern, floor, roof, interior or exterior architectural floor, facade or skyline, or for any other change, of a heritage building, the provisions of chapter XIV of this Act and the rules made thereunder shall apply mutatis mutandis.

225F. Power of Municipality to require, purchase or take on lease heritage building or site.—Subject to the other provisions of this Act. the Municipality may acquire, purchase or take on lease any heritage building or site for the purpose of preservation and conservation thereof : Provided that in the case of a heritage building or site declared as such for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979, (West Ben. Act XIII of 1979), the approval of the concerned department of the State Government shall be taken.

225G. Transfer of right of development for the purpose of acquisition by agreement.—^When the owner of any heritage building or site is not willing to preserve or conserve any heritage building or site, the Chairman may, for the purpose of acquisition of such heritage building or site by agreement and on the recommendation of the Heritage Conservation Committee and with the approval of the Chairman-in-Council, allow the transfer of right of development of such heritage building or site, which shall be heritable and transferable, to the owner of such heritage building or site in such manner, and subject to such conditions, as may be prescribed. Explanation I.—"Development" shall have the same meaning as in clause (7) of section 2 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979). Explanation II.—"Right of development" in relation to a heritage building or site shall mean the right" of development, in the prescribed manner, of such potentials as may be available in respect of such heritage building on a plot of land or such site different from the land and building comprising the heritage building or from the site but in the same ward of the Municipality.

225H. Right of access to heritage buiiding or site acquired by Municipality.— Subject to such rules or regulations as may be made under this Act, every person shall have the right of access to any heritage building or site acquired by the Municipality. 225-1. Sub-iease of heritage buiiding or site.—The Municipality shall have the right to alloW the transfer of right of development to the lessee of a heritage building or site where the unexpired period of the term of lease is for 90 years, and to take the heritage building or site on sub-lease by agreement, if there is provision for such sub lease In the deed executed between the owner and the lessee, provided that the question [ Footnote continued on next page ] 128 The West Bengal Municipal Act. 1993 [Ss. 225-1-225N [ Footnote continued from previous page ] of payment of premium or rent in such case to the owner shall not. notwithstanding any agreement in this behalf, arise, and if the owner as confirming party to the agreement waives the right to receive any further payment of such premium or rent.

225J. Permission of concerned department of State Government before acquisition of heritage building or site.—If the Municipality considers that it is necessary to acquire any building orsite declared as a heritage building or site for the purpose of preservation and conservation as required under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act. 1979. by agreement or under the Land Acquisition Act. 1894. (1 of 1894). permission ofthe concerned Department of the State Government shall be taken before such acquisition.

225K. Power to exempt rates and taxes, etc. on heritage building or site.— If the owner ofa heritage building orsite enters into an agreement with the Municipality to maintain, preserve and conserve such heritage building or site properly at his own expenses, the Municipality may. in such case, exempt wholly or partly the owner ofsuch heritage building or site from payment of rates or taxes or fees for supply of water or any other charges in respect of such heritage building or site.

225L. Agreement with owner of heritage building or site pending acquisi tion.—(1) The Chairman may. pending acquisition of a heritage building or site by the Municipality under this Act and with approval of the Chairman-in-Council. propose to the owner ofsuch heritage building or site to enter into an agreement with the Municipality for a specified period for the maintenance of such heritage building or site. (2) The agreement as aforesaid may provide for all or any ofthe following matters—• (a) maintenance of the heritage building orsite by the owner or byanyother person willing to maintain thesaid heritage building or site; (b) custody ofthe heritage building or site and the duties of the person who may be employed to watch it; (c) the restrictions on the owner's right— (/) to use the heritage building or site for any other purpose detrimental to its conservation. {ii) to charge any fee for entry into, or inspection of. the heritage building or site, and .(///) to build on or near the site of the heritage building or site.

225M. Voluntary contribution and agreement with any voluntary organisa tion, person or company.—(1) The Chairman may receive voluntary contributions towards the cost of maintaining any heritage building or site and may give order as to the management and application of such contributions for the purpose ofpreservation and conservation ofsuch heritage building or site. (2) Subject tothe approval oftheChairman-in-Council. the Chairman may enter into any agreementwith any person or voluntary organisation or company, whether incorpo rated or not, willing to preserve and conserve any heritage building or site on such terms andconditions as theChairman-in-Council maydetermine.

225N. Taking over management and control of heritage building or site.— (1) If the Chairman, on receipt of any information, is satisfied that the owner ofa heritage building orsite fails to preserve or conserve the heritage building or site, the Chairman may. when the heritage building orsite is vacant and after hearing the owner, by order in writing, take over the management and control ofsuch heritage building or site for the purpose of preservation and conservation thereof, suspending the right of the ovvnerto transfer such heritage building or site for a maximum period of five years, subject to [ Footnote continued on next page ] Ss. 225N-225Q] The West Bengal Municipal Act, 1993 129 [ Footnote continued from previous page ] acquisition either by agreement or under the provisions of the Land Acquisition Act 1894 (1 of 1894). (2) The Chairman shall thereafter notify the heritage building or site for letting it out by agreement to any person as tenant for the purpose as aforesaid, and the owner shall be entitled to Sn amount equal to the reasonable letting value of the heritage building or site as rent less the cost on account of preservation and conservation of the heritage building or site.

2250. When heritage building or site ceases to be heritage building or site.—If the Municipality decides that any heritage building or site has ceased to be of public interest or has lost its importance for any reason whatsoever, it may, with the approval of the State Government, declare that such heritage building or site has ceased to be a heritage building or site for the purposes of this Act.

225P. Penalty.—(1) Any person why destroys, removes, alters, defaces or misuses any heritage building or site or does any act, or abets in the commission thereof, in contravention of any provision of this chapter or the rules or the regulations made thereunder, shall be punishable with rigorous imprisonment for a term which may extend to three years and also with fine which may extend to fifty thousand rupees and, in default, with further rigorous imprisonment for six months. (2) Any court convicting any person under this section shall, by order, direct such person to restore the heritage building or site to its former shape and beauty at his cost, and any failure to comply with such order shall be deemed to be a continuing offence and such person shall be punishable with an additional fine of rupees two hundred and fifty for every day during which such contravention or failure continues after conviction for the first such contravention. (3) Where an offence under this section has been committed by a company^ every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (4) Notwithstanding anything contained in sub-section (3). where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,— • (a) "company" means any body corporate and includes a firm or other association of individuals; (b) "director", in relation to a firm, means a partner in the firm; and (c) "person" shall include an owner, occupier, lessee, mortgagee, consultant, promoter or financier who supervises or causes erection, destruction, removal, defacement or misuse of any heritage building or site.

225Q. Power of the State Government to make rules for the purpose of this chapter.—Notwithstanding anything contained elsewhere in this Act, the State Govern ment may make rules to provide for any matter considered necessary for the purpose of implementation of the provisions of this chapter.". PART VI CIVIC SERVICES CHAPTER XV Water-supply

226. The Municipality to provide water-supply.—(1) It shall be the duty of every Municipality to provide a supply of wholesome water for the domestic use of the inhabitants. ^[(2) The supply of water for domestic and non-domestic uses may be charged for at such scale of fee, or price, as may be prescribed:] ^[Provided that in the case of Water Supply Projects, implemented in any municipal area with external aid or on joint venture basis or through private participation, the Municipality may make regulations fixing fees for supply water and other allied matters associated with the project, as may be necessitated by the terms and conditions of the project.] (3) The Board ofCouncillors, for the purpose of measuring or recording'the quantity of water consumed, may provide for devices of attachment of meter in the premises or adopt a system ofcalculation by the size or number of ferrules through which the supply is made or any other method or measurement or recording in such manner and in accordance with such procedure as may be prescribed.

227. Public tanks, sub-soil water, etc., to vest in the Municipality.—Cl) All public tanks, reservoirs, cisterns, wells, tube-wells, aqueducts, conduits, tunnels, pipes, taps and otherwater-works, whether made, laid or erected at the cost met from the Municipal Fund or otherwise, and all bridges, buildings, engines, works, materials, and things, connected therewith or appertaining thereto, and any adjacent land (not being private property) appertaining to any public tank, which is situated within the municipal area, shall vest in the Municipality. (2) All rights over the sub-soil water resources within a municipal area shall vest in the Municipality.

228. Construction ofwater-works.—(1) Subject to the approval of the State Government, the Board ofCouncillors may, eithersingly or jointly with any other Board of Councillors or local authority, within or without a municipal area, undertake construction of water-works and operate, manage or maintain any water-works intended to serve the inhabitants of the municipal area.

1. Subs, by s. 33 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002 for the following : "(2) The water for domestic uses in excess ofsuch standard as may be determined by the Board of Councillors and the supply of water for non-domestic uses may be charged for at such scale of fees or price as may be prescribed.".

2. Proviso added by s. 10oftheWest Bengal Municipal (Amendment) Act, 2003 (W.B. Act XIII of 2003), w.e.f. 1.10.2003. 130 Ss. 228-231 ] The West Bengal Municipal Act, 1993 131 (2) Whenever the State Government has approved any work outside the limits of municipal area, the Board of Councillors may exercise all the powers for construction, maintenance and repair throughout the line of the country in which such work is situated or through which it is to run, as if such work is situated within the municipal area.

229. Power to lay or carry pipes through public or private land.—The Board of Councillors may lay or carry any water-main or service-main or any pipe or channel of any kind for the purpose of providing or carrying out or maintaining a system of water-supply on, across, under or over any street or public place, and after giving a reasonable notice of not less than a month to the owner or the occupier, across, under or over any private land or building whatsoever, situated within the limits of a municipal area, may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such pipe or channel, as the case may be, in an effective state for the purpose for which such pipe or channel, as the case may be, may be used or intended to be used : Provided that in the case of sudden water-logging of any area within a municipal area, the Board of Councillors may, if it considers it necessary so to do in the interest of public health and convenience, take such action as is necessary under this sub-section for draining out the water across, under, over or up the side of any land or building within a municipal area without prior service of any notice on the owner or the occupier of such land or building : Provided further that a reasonable compensation shall be paid to the owner or the occupier for any damage at the time sustained by him through, or in consequence of, any such operation.

230. Control of constructions on land through which water-main etc. passes.—No building or private street shall be constructed over any municipal water-main or service-main, except with the written permission of the Board of Councillors which may impose such conditions for such construction as it may deem fit.

231. Power to permit connection to houses and lands.—(1) Subject to such conditions and restrictions as may be prescribed and such terms as the Chairman-in-Council may, from time to time, determine, the Chairman-in-Councii may, on the application of the owner or the occupier of any house or land in respect of which property tax "'[or provisional property tax determined under sub section (5) of section 114] is paid, make or cause or permit to be made communication or connection from any main,"service-main or distribution pipe, belonging to the Municipality or from any channel maintained, owned or vested in the Municipality. (2) The Chairman-in-Council may require the amount necessary for the execution of any work under this section and other charges or fees, if any, to be paid or deposited before such work is executed by it.

1. Ins. bys. 12 of the West Bengal Municipal (Amendment) Act, 2009 (W.B. Act III of 2009) w.e.f. 1.6.2009. 132 The West Bengal Municipal Act, 1993 [Ss. 232-233 '•[232. Power to require water supply to be taken.—(1) If, at any time, it appears to the Chairman-in-Council that any building or land in the municipal area is without a proper supply of wholesome water, the Chairman may, by written notice, require the owner or the lessee or the occupier'of the building or the land, or any person having any interest therein, as the case may be, to obtain from municipal water-mains such quantity of water as may be adequate for the requirement of the person usually occupying or employed upon the building orthe land, and provide connection pipes of such size, materials and description, and take such necessary steps for the purpose, as may be provided by regulations within such period as may be specified in the notice. (2) On receipt of the written notice under sub-section (1), the owner or the lessee or the occupier of the building or the land, or the other person having an . interest therein, as the case may be, shall— (a) obtain from the municipal water-mains such quantity of water as may be adequatefor the requirement of the persons usually occupying in, or employed upon, the building or the land, as the case may be, and (jb) provide connection pipes of such size, materials and description and take such necessary steps for the purpose, as may be provided by regulations, within such period as specified in the notice, (3) If the owner or the lessee or the occupier of the building or the land or the other person, as the case may be, having an interest therein, does not comply with the notice within the period specified therein, the Board of Gouncillors shall— (a) obtain from the municipal water-mains such quantity of water as may be adequate for the requirement of the persons occupying in or employed upon, the building or the land, as the case may be, and (b) provide connection pipes of such size, materials and description and take such necessary-steps for the purpose, as may be provided by regulations, and the cost incurred therefor by the Board of Councillors shall be recovered from the owner or the occupier of the building of the land or the other person having an interest therein, as the case may be, as an arrear of tax under this Act.]

233. Water supply through hydrants, stand-nosts and other conveniences.—(1) The Chairman-in-Council may erect hydrants or stand- posts for supply of wholesome water to the public within ^ municipal area. Subs, by 8. 34 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002 for the following ; "232. Power to require water supply to be taken.—(1) If, at any time, it appears to the Chairman-in-Council that any building or land in the municipal area is without a proper supply of wholesome water, the Chairman may, by written notice, require the owner or the lessee or the occupier ofthe building or the land, as the case may be, to obtain from municipal water-mains such quantity of water as may be adequate for the requirement of the persons usually occupying or employed upon the building or the land, and provide communication pipes of such size, materials and description, and take such necessary steps for the purpose, as may be provided by regulations.". Ss. 233-237] The West Bengal Municipal Act, 1993 I33 (2) The Board of Councillors may, by regulation provide for safety, maintenance and use of such public hydrants or stand-posts; or it may place such public hydrants or stand-posts under the charge of any person who may realise from each consumer such fee as the Board of Councillors may determine from time to time. (3) The Board of Councillors may fix hydrant on water-mains at such places as may be most convenient for affording a supply of water for extinguishing any fire in the locality and denote the situation of every such hydrant with marks or figures prominently displayed on any convenient structure near such hydrant: Provided that on deposit of requisite expenses by any owner or occupier of any factory, workshop, trade premises or place of business situated in or near a street in which a water main is laid, the Board of Councillors shall fix such hydrants to be used only for extinguishing fire. (4) The operation and maintenance of hydrants for extinguishing fire shall be in accordance with such procedure as may be prescribed.

234. Vesting of private connections to premises in the Municipality.— (1) All private connections of premises to the mains of a Municipality for the supply of water thereto and all pipes, taps, and other fittings used for such §upply shall be made, maintained and regulated in the manner prescribed. (2) The Muriicipality may, if it thinks fit, take charge of all communication- pipes and fittings of any existing private service connected with water-supply system within a municipal area up to and including the stopcock nearest to the doorstep of the concerned premises and such communication-pipes and fittings shall thereafter vest in, and shall be maintained at the expenses of, the Municipality as part of the water-works of the Municipality.

235. Owner to bear expenses of repairs of works cQrtnected with the supply of water.—Except in the case of a special agreement to the contrary, the owner of any premises shall bear the expenses of repairs of all works connected with the supply of water thereto and, if he fails to do so, ""[the occupier may give to the owner and the Chairman three days notice in writing in such form as may be approved by the. Municipality, and if the Municipality fails to get the repairs of all works done connected with the supply of water to the premises within three days from the date of receipt of the notice, the occupier may] himself have the repairs done and deduct the expenses for such repairs from any rent due from him to the owner in respect of such premises.

236. Permission to person outside the municipal area to take water.— The Board of Councillors may, with the sanction of. and on such terms as may be approved by, the State Government, supply water to a local authority or other person outside the municipal area.

237. Power to State Government to take control over imperfect, inefficient or unsuitable water-works etc.—(1) If, at any time. It appears to the State Government that any water-works exequted by, or vested in, the Board

1. Subs by s. 35 of the W.B. Act XVI of 2002, w.e.f. 2.9.2002 for "the occupier may, after giving the ownerand the Chairman three days' notice in writing in such form as hnay be approved by the Municipality". 134 The West Bengal Municipal Act, 1993 [Ss. 237-239 of Councillors, are maintained or run in an imperfect, inefficient or unsuitable manner, the State Government may, by order, direct the Board of Councillors or other local authority to show cause within the period specified in the order as to why the water-works with all plants, fittings and appurtenances thereof should not be handed over to the control and management of any other agency belonging to the State Government or any statutory body for such period as the State Govemment may fix. (2) If no cause is shown to the satisfaction of the State Government within the period specified in the order under sub-section (1), the State Government may, by order, direct that the water-works with all plants, fittings and appurtenances thereof shall be made over to such agency or statutory body as the State Govemment may fix, and for such period, and on such terms and conditions, as the State Government may determine.

238. Water not to be wasted.—(1) No person, being the occupier of any premises to which water is supplied by the Board of Councillors under this Chapter, shall, on account of negligence or other circumstances under the control of the said occupier, allow the water to be wasted, or allow the pipes, works or fittings for the supply of water in his premises to be out of repair causing thereby waste of water. (2) No person shall unlawfully flood, draw off, divert or take water from, any water-works belonging to, or under the control of, the Board of Councillors, or from any water-course or stream by which such water-works are supplied. (3) Any person, who contravenes the provisions of this section, shall be liable to such fine imposed by the Board of Councillors, not exceeding three hundred rupees, as may be prescribed.

239. Power to cut off or to turn off supply of water to premises.—(1) Notwithstanding anything contained in this Chapter, the Chairman-in-Council may cut off the connection of water-supply to any premises, or may turn off such supply, in any of the following cases, namely: (a) ifthe premises are unoccupied or prohibited for human habitation: or i[(aa) if, in respect of the premises, any taxes or rates or fees or charges are in arrear for payment for more than one year; or] (b) if, after receipt of a written notice from the Chairman requiring him to refrain from so doing, the owner or the occupier of the premises continues to use the water or permit the iame to be used in contravention of the provisions of this Act or the rules or the regulations made thereunder; or (c) if any pipe, tap, works or fittings connected with the supply of water to the premises be found, on examination by any officer of the Municipality duly authorised in this behalf, to be out of repairs to such an extent as may cause so serious a waste or contamination of water that, in the opinion of the Chairman, immediate prevention is necessary; or 1. ins. by the W.B. Act XIII of 1995. w.e.f. 5.9.1995. Ss. 239-241] The West Bengal Municipal Act, 1993 I35 {d) if there is any water-pipe situated within the premises to which no tap or other efficient means of turning the water off is attached; or (e) if, by reason of a leak in the service-pipe or the fittings, damage is caused to the public street and immediate prevention is necessary; ^[(0 If water connection is obtained on payment of provisional property tax and the building is not completed in such manner which, in the opinion of the Board of Councillors, is fit for human habitation, within the validation period of the approved building plan under sub-section (2) of section 207;] Provided that no action under clause (1) ^[or clause (aa)] or clause (b) shall be taken without giving a notice of not less than three days to the owner or the occupier, as the case may be. (2) The expenses of cutting off the connection or of turning off the water and of restoring the same, as determined by the Chairman-in-Council in any case referred to in sub-section (1), shall be paid by the owner or the occupier of the premises. (3) No action taken under, or in pursuance of, this section shall relieve any person from any penalties or liabilities which he may otherwise have incurred.

240. Digging of wells etc. without permission prohibited.—(1) No new well, tube-well, tank, pond, cistern or fountain shall be dug or constructed without the previous permission, in writing, of the Chairman-in-Council. (2) If any such work is begun or completed without such permission, the Chairman-in-Council may— (a) by written notice require the owner or the other person who has done such work to fill up or demolish such work; or (b) grant permission to retain such work or portion thereof on such terms and conditions as the Chairman-in-Council may consider fit to impose.

241. Power to set apart wells, tanks, etc. for drinking, culinary, bathing and washing purposes.—^The Board of Councillors may, by order published at such places as it thinks fit, set apart any tank, well, spring or water-course or any part thereof, vested in it or, by an agreement with the owner thereof, any private tank, well, spring or water-course or part thereof, subject to any rights which the owner may retain with the consent of the Board of Councillors, for any of the following purposes, namely :— (a) for the supply of water exclusively for drinking or for culinary purposes or for both, or (b) for the purpose of bathing, or (c) for washing animals or clothes, or (d) for any other purpose connected with the health, cleanliness or comfort of the inhabitants. 1 Ins. bys. 13 ofthe West Bengal Municipal (Amendment) Act, 2009 (W.B. Act III of 2009) w.e.f. 1.6.2009.

2. Ins. by the W.B. Act XIII of 1995, w.e.f. 5.9.1995. 136 The West Bengal Municipal Act. 1993 [Ss. 241-243 and may, by like order, prohibit the bathing or the washing of animals or clothes or other thing|s atany public place not set apart for such purposes, or prohibit any other act by which water in any public place may be rendered foul or unfit for use, or provide for alternative facilities and conveniences to regulate the use of any tank, well, spring or water-course to promote public safety, health and welfare.

242. Analysis of water for drinking or culinary purposes.—The State Government may make rules to provide for the proper analysis of the water of any water-works, tank, well, spring orany water-course or othersource, unused or likely to be used for drinking or culinary purposes in any municipal area and, in particular, may require the Chairman-in-Councll to take samples of water in the manner prescribed and make it over at such time and place, and to such person or persons, as the State Government may appoint in this behalf.

243. Power to make ruies.—^The State Government may make rules to provide for— (a) the preparation of plans and estimates for water-works or for introduction of a public distribution network ; (b) the power of the Board of COunbillors or the State Government to accord sanction to such plans and estimates; (c) the publication of the particulars and the nature of any water-work or scheme, its cost, and the manner in which it is to be financed and carried out; (cf) the size and nature of water-works, mains, service-mains, pipes or channels to be constructed or laid by the Board of Councillors for the supply of water; (e) the maintenance of municipal water-works and of pipes and fittings in connection therewith; (f) the size and nature of the stand-posts or pumps to be erected by a Municipality and' or "the ferrules and all pipes, stand-pipes, stop cocks, taps, hydrants and other fittings, whether within or outside any premises, that may be necessary for the regulation of the supply and use of water; (g) the mains or pipes in which fire plugs are to be fixed and the places at which keys of the fire plugs are to be deposited, (/?) the periodical analysis by a qualified analyst of the water supplied by a Municipality; (/) the conservations of, and the prevention of inji.ry or contamination to, sources and means of water supply and appliances for the distribution of water, whether within or without the limits of a municipal area; (/) the manner in which connections with water-works ©r supply-system shall or may be constructed, altered or maintained, the fees to be levied for such connections and the person by whom they shall be paid, and the agency to be employed for such construction, alteration or maintenance; Ss. 243-247] The West Bengal Municipal Act, 1993 137 ""[(/c) the rates at which the charges for water supplied for domestic purposes and for various non-domestic purposes may be levied by the Board of Councillors and the use, maintenance and testing of meters and ferrules;] (/) the regulation of all matters and things connected with the supply and use of water, and the turning on, and turning off, and preventing the waste, of water; and {m) any other matter relating to the supply of,water in respect of which this Act or any other law for the time being in force makes no provision or makes insufficient provision and further provision is, in the opinion of the State Government, necessary.

244. Power to make regulations.—The Board of Councillors may make regulations, not inconsistent with the provisions of this Act and the rules made thereunder for carrying out the purposes of this Chapter. CHAPTER XVI Drainage and Sewerage

245. The Municipality to provide drainage, sewerage, etc.—The Municipality shall provide and maintain a system of drainage or sewerage as well as a safe and sufficient outfall in or outside the municipal area. .246. Public drains, trunk-sewers etc. to vest in the Municipality.—(1) Ail public drains, and all drains in, alongside, or under any public street, wRether made out of Municipal Fund or otherwise, and all trunk-sewers, sewage, treatment plants, drainage and pumping stations and all works, materials and things appurtenant to the drainage system, which are situated within the municipal area, shall vest in the Municipality. (2) For the purpose of enlarging, deepening or otherwise repairing or maintaining any drain as aforesaid, so much of the sub-soil appertaining to the drain as may be necessary shall be deemed to vest in the Municipality. (3) The Municipality may, with the approval of the State Government, make over the trunk-sewers, sewage treatment plants, pumping stations and other materials and things appurtenant thereto to any agency belonging to the Government or a statutory body, and it shall be lawful for such agency to exercise control over all such items for their maintenance and development.

247. Control of Board of Councillors over drainage.—(1) All drains, sewers, privies, water-closets, toilets, house-gullies, gutters and cesspools within the municipal area, whether private or public, shall be under the survey and control of the Board of Councillors. (2) All covered drains, sewers and cesspools, whether public or private, shall be orovided with proper taps, coverings or other means of ventilation; and Clause {k) subs, by s. 10 of the West Bengal Municipal (Amendment) Act, 2004 (W.B. Act VIII of 2004), w.e.f. 15.9.2004, which was earlier as follows : "(.k) the rates at which the charges for water supplied in excess of the prescribed quota for domestic purposes and for water supplied for various non-domestic purposes may be levied by the Board of Councillors and the use, maintenance and testing of meters and ferrules;". 138 The West Bengal Municipal Act. 1993 [Ss. 247-252 the Chairman may, by written notice, call upon the owner of any such covered drains, sewers and cesspools to make provision accordingly,

248. Cleaning of drains.—^The Chairman-in-Council shall provide for the municipal drains to be cleansed, flushed and emptied from time to time.

249. Provision for treatment and disposal of sewage.—The Chairman-in- Council may. for the purpose of receiving, treating, storing, disinfecting, distributing, or otherwise disposing of, sewage, construct, operate, maintain, develop and manage any plant or other device within or outside the municipal area.

250. Construction or maintenance of drainage and sewerage systems etc. Subject to the sanction of the State Government and the rules made in this behalf, the Board of Councillors, either singly or jointly with any other local within or without a municipal area,— (a) construct or maintain a system of drainage, sewers, drainage or sewage outfall, sewage treatment plants or devices, drainage and pumping stations, or (b) from time to time, alter the size and course of. or otherwise modify or discontinue, close up or remove, the system of drainage, sewers, drainage or sewage outfall, sewage-treatment plants or devices, drainage and pumping stations.

251. Power of Board of Counoiiiors to lay or carry pipes through private and public land.—The Board of Councillors may carry any drain, sewer or channel of any kind for the purpose of establishing or maintaining a system of drainage or sewerage upon, across, under or over any street or public place and, after giving a reasonable notice in writing to the owner or the occupier, upon, across, under, over or up the side of any private land or building whatsoever, situated within the limits of a municipal area, and, for the purpose of the outfall of sewage, or for drainage outfall, without such limits, and may. at all times, do all acts and things which may be necessary or expedient of repairing or maintaining any such drain, sewer or channel, as the case may be. in an effective state for the purpose for which the same may be used orintended to be used: Provided that in the case of sudden water-logging of any area within a municipal area or any nuisances, the Chairman-in-Council may, if considered necessary so to do in the interest of public health and convenience, take such action as is necessary for draining out the water upon, across, under, over or up the side of any private land or building within a municipal area without prior service of any notice on the owner or the occupier of such land or building: ^Provided further that a reasonable compensation shall be paid to the owner or the occupierof such private land or building for any damage sustained by him in consequence of any act or thing done by the Board of Councillors or any action taken by the Chairman-in-Council under this section.] 252, Use of public drains by private owners.—The owner or the occupier of a building or land shall be entitled to cause his drains to empty into'the municipal drains after obtaining the written permission of the Chairman and he

1. Proviso added by the W.B. Act XIII of 1995. w.e.f. 5.9.1995. Ss. 252-256] The West Bengal Municipal Act, 1993 139 shall comply with such conditions as the Chairman may deem fit to impose relating to the communications between private drains and municipal drains.

253. Power to order demolition of drain constructed without consent.— No person shall, without the written consent of the Chairman-in-Council first obtained, make or cause to be made, or alter, or cause to be altered, any drain or branch drain leading into any of the municipal sewers or drains or into any water-course, street or land vested in the Municipality, and the Chairman-in- Council may cause any drain or branch drain, so made or altered, to be demolished, altered, remade or otherwise dealt with at the expenses of the persons making or altering such drain.

254. Draining of group or block of buildings etc. by combined operation.—If it appears to the Chairman-in-Council that a group or block of buildings may be drained more economically and advantageously in combination than separately, and if a municipal sewer or drain of sufficient size already exists or is about to be constructed within the reasonable reach of such group or block of buildings, the Chairman-in-Council may cause such group or block of buildings to be so drained, and the expenses thereby incurred shall be recovered from the owners of such buildings in such proportions as the Chairman-in-Council may deem fit.

255. Power to enforce drainage of undrained premises and separate drainage in any premises.—The Chairman-in-Council may, by written notice: require drainage to be provided for any undrained premises and also require separate provisions to be made for drainage or sewage and other offensive matters as distinct from rain-water and other unpolluted sub-soil water in accordance with such rules as may be made in this behalf.

256. Power of State Government to exercise control over imperfect, inefficient or unsuitable drainage work.—(1) If, at any time, it appears to the State Government that any drainage works or sewerage works, executed under the provisions of this Chapter, or vested in the Municipality, are maintained or worked in an imperfect, inefficient or unsuitable manner, the State Government may, by written order, direct the Municipality or other local authority within the period specified in the order to show cause why the drainage works or sewerage works with all plants, fittings, and appurtenances thereof should not be handed over for such period as the State Government may fix to the control and management of such agency belonging to the Government or a statutory body as may be specified in the order. (2) If cause is not shown within the period specified in the order issued under sub-section (1) or the cause shown appears untenable, the State Government may, by order, direct that the drainage works or sewerage works with all plants, fittings and appurtenances thereof shall be handed over for such period as it may fix to the control and management of such person or authority as it may appoint. During the period so fixed, the complete control and management of the drainage works or sewerage works, as the case may be, shall be vested in the person or the authority so appointed, who shall engage such establishment for the purpose of maintaining and working such drainage or sewerage works as the State Government may, from time to time approve. Such establishment may include the employees of the Municipality who were The West Bengal Municipal Act, 1993 [Ss. 256-258 employed in the maintenance or working ot such drainage or sewerage works. The cost ot such establishment, including that of all materials, implements, and ^ores, shall be paid within such period as may be fixed by the State Government from the Municipal Fund.

257. Encroachment on municipal drains.—(1) No person shall— (а) construct a building, wall, fence or any structure or any private street over any municipal drain, culvert or gutter or bed. bank or embankment of any sewage works or storm water channel vested in the Municipality; or (б) othenwise encroach upon drainage and sewerage system in the municipal area: Provided that the Board of Councillors may give consent to any such construction only for the purpose of securing access to any abutting land or building on such conditions as the Board of Councillors may think fit to impose. . The Chairman may, without notice, cause to be removed or altered, any nf IS section or any structure constructed unauthorised in contravention encroachment, whatsoever,ofattheany time provisions for reasons to be recorded in writing. (3) The Chairman by written notice may require any person to pull down or building, fencing, wall or structure or any encroachment or erected in contravention of sub-section (1), and the iinai.fh ^ "1 construction unauthorised 9 be paid by thewasperson or encroachment made.at whose instance the sertif^^ person who fails to act in accordance with the provisions of sub- fivp f conviction, be punished with a fine which may extend to whirh^'^ rupees and, in the case of continuing offence, with further fine off extend to one hundred rupees for every day during which such thaTuf addition, such person shall also be liable for all expenses i.n ®. ^riicipality unauthorised mayorencroachment. construction incur in removing or otherwise dealing with the prwk^e fo°^^' rules.—The State Government may make rules to (a) the preparation of plans and estimates for the introduction of a system of drainage or sewerage, where such work or system is to be partly or wholly constructed or carried out at the expense of the Municipality; (b) the power ofthe Board of Councillors or the State Government in the matter of sanction to such plans and estimates and responsibilities for financing and execution; (c) the size and other partlcu/ars of drains, sewerage or channels to be constructed or laid for drainage or sewerage; the manner in which connections with the drainage or sewerage system shall be constructed, altered or maintained, the fees to be levied for such connections and the person by whom such fees shall be payable, and the agency to be employed for such construction, alteration or maintenance; Ss. 258-262] The West Bengal Municipal Act. 1993 141 (e) the items of trade affluents or noxious chemicals which may not ordinarily be passed into municipal drains, or the mode of treatment of such chemicals before they can be so passed, or such other steps as may be necessary to control environmental pollution arising out of such chemicals; (f) any other matter relating to the drainage or sewerage in respect of which this Act makes no provision or makes insufficient provision and further provision is, in the opinion of the State Government, necessary.

269. Power to Board of Councillors to make regulations.—The Board of Oouncillors may make regulations— > (a) requiring every person, who intends to construct, repair, add to or alter a house-drain or cess-pool, to submit an application to the Municipality with such plans and other particulars as may be determined, and providing for conditions for giving and refusing of sanction to such application; {b) providing for the materials, size, slope, level or position of drains generally and their construction, repair and maintenance; (c) not inconsistent with this Act and the rules made thereunder, to provide for any item not specifically laid down but which is necessary to carry out the purposes of this Act. CHAPTER XVII Solid Wastes Functions in reiation to soiid wastes

260. Collection, removal and disposal of solid wastes.—For the purpose of securing the efficient scavenging and cleansing of all streets, public places and premises within a municipality, the Board of Councillors shall provide for the functions of collection, removal and disposal of solid wastes.

261. Provision. for receptacles, depots and places for temporary deposit.—(1) The Municipality shall provide or appoint in properand convenient situations public receptacles, depots and places for the temporary deposit of (a) rubbish; (b) offensive matter; (c) trade refuse; (d) carcasses of dead animals; (e) excrementitious and polluted matter. (2) Different receptacles, depots or places may be provided or appointed for the temporary deposit of any of the matters specified in sub-section (1).

262. Duties of owners and occupiers to collect and deposit rubbish, etc.—It shall be the duty of the owners or the occupiers, as the case may be. of all premises— (a) to have the premises swept and cleaned; (b) to cause all rubbish and offensive matters to be collected from their respective premises and to be deposited, at such time as the Chairman may by public notice, specify, in public receptacles. ^42 West Bengal Municipal Act, 1993 [Ss. 262-266 depots or places provided or appointed by the Municipality or in receptacles provided under clause (c) for the temporary deposit or final disposal thereof; (c) to provide receptacles of the type and in the manner specified by Chairman for the collection therein of all rubbish and offensiv matters from such premises and to keep such receptacles in goo condition and repair.

263. The Municipality to provide for cleansing of streets and remove of solid wastes.—(1) The Chairman shall take measures for securing (a) the daily surface-cleansing of all streets within a municipal area an removal of sweeping therefrom: (b) the removal of the contents of all receptacles and depots and of t © accumulations at all places provided or appointed by the Municipality under the provisions of this Act for the temporary deposit of rubbish, trade refuse, carcasses of dead animals and excrementitious and polluted matters; (c) the removal of special wastes and hazardous wastes and other solid wastes from premises. (2) The Chairman may. by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may b® deposited or othenwise disposed of. (3) The Chairman shall make adequate provision for preventing receptacles, depots, places, vehicles and vessels referred to in this Chapter from becoming sources of nuisance.

264. Solid wastes to be municipal property.—All matters deposited in public receptacles, depots and places provided or appointed by the Municipality and all solid wastes collected shall be the municipal property.

265. Provision of vehicles or other suitable means for removal of solid wastes.—(1) The Municipality shall provide vehicles or other suitable mearis and, where necessary, covered vehicles or vessels for the removal of solid wastes. (2) The Municipality may construct, acquire, operate, maintain, develop of manage any garage or work for proper maintenance of the vehicles or vessels or means for removal of solid wastes under sub-section (1).

266. Removal of solid wastes accumulated on non-residential premises.—The Chairman-in-Council may, if it thinks fit,— (a) by written notice, require the owner or the occupier of any premises used— (/•) as factory, workshop or for carrying on any manufacture, or (//) as a trade premises or shop or as a market or slaughter house, or (///) as a hotel, eating-house or restaurant, or (/V) as a hospital or nursing home, or (v) as a warehouse or godown, or (W) as a place to which large number of persons resort, or {vii) in any other way Ss. 266-270] The West Bengal Municipal Act, 1993 143 where rubbish, offensive matter, filth, trade refuse, special wastes, hazardous wastes, or excrementitious and polluted matters are accumulated in large quantities, to collect such matters accumulating thereon by such means of receptacles or construction on the premises as may be determined, or to remove the same at such time and in such trailers or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed by the Municipality, or (b) after giving the owner or the occupier of any premises notice of its intention so to do. cause all rubbish including building rubbish, offensive matter, trade refuse, special wastes, hazardous wastes, or excrementitious and polluted matters accumulated in such premises to be removed, and charge the said owner or the occupier, as the case may be. for such removal such fee as may be determined by the Board of Councillors and specified in such notice.

267. Appointment of places for disposal and final disposal of solid wastes.—The Chairman may cause the solid wastes to be disposed of at such place or places within or outside the municipal area and in such manner as it considers suitable: Provided that no place, which has not been before the commencement of this Act used for the purpose specified in this section, shall be used except in conformity with the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979).

268. Provision for processing and disposal of solid wastes.—(1) The Board of Councillors, may, for the purpose of receiving, storing, treating, processing and disposing solid wastes or converting such solid wastes into compost or other matter, construct, acquire, operate, maintain, develop, and manage any work within or outside the municipal area and run it on a commercial basis. (2) The Board of Councillors may cause to be utilised solid wastes for fillirig up any well, tank or low land on a commercial basis within or outside the municipal area.

269. Special sanitary arrangements at certain places.--(1) The Chairman may make such special arrangements, whether permanent or temporary, as he considers adequate for maintaining sanitation in the vicinity of any place of religious worship or institutions or places to which large number of persons resort on particular occasions or in any place used for holding fairs, festivals, sports or cultural or social events. (2) The Chairman may require any person having control over any such place to pay to the Municipality fees at such rates as the Board of Councillors may. from time to time, determine.

270. Prohibition against deposit of solid wastes.—(1) No person shall deposit or cause or permit to be deposited or throw upon or-along any public street, public place, land belonging to the Municipality or any land on the bank of a water-course any solid waste except in accordance with the provisions of this Act. (2) Without prejudice to the generality of the foregoing provisions of this section, no person shall deposit or cause or permit to be deposited any building • 14 144 The West Bengal Municipal Act, 1993 [Ss. 270J^5 rubbish or scraps In or along any street, public place or land except witti ft® prior permission of the Chairman : Provided that no such permission shall be given until an advance paying 0 afee for the removal of such rubbish or scraps has been made In accortla^ with such rates as may be determined by the Board of Councillors froin to time.

271. Presumption as to offender.—If any rubbish, offensive matter, trattS' of refuse, special waste, hazardous waste or excrementltlous and polluted matter accumulating on any premises Is deposited in any place In contravention of ft*^ provisions ofthis Act, It shall be presumed, unless the contrary Is proved, th£5 such contravention has been committed by the occupier of such premlses-

272. Depositing or throwing any solid waste in contravention of the provisions of this Act.—Whoever deposits or throws or causes or permits to be deposited or thrown any solid waste on any place In contravention ofthe provisions of this Act shall, subject to such rules and regulations as may b® made In this behalf, be punishable with fine which shall not be less than fiftf rupees or more than five thousand rupees for each of such offences. wf 273. Power of the Municipality to get certain places scavenged and re cleansed.—If any street or public place under the control of Government orany de statutory body Is not properly or regularly scavenged or Is, In the opinion of y® Chairman, In a filthy and unwholesome condition, the Chairman may, by written de notice, require the owner or the occupier to do the scavenging or cleansing or so may cause scavenging or cleansing to be done and the cost of such scavenging orcleansing shall be recovered from the owner or the occupier thereof, as the pu case may be. ani CHAPTER XVIII wa Markets and slaughter houses an( 274. Provision of municipal markets and slaughter houses.—(1) The wa oard of Councillors may provide and maintain municipal markets, slau^ht^ nouses or stockyards In such number as It may think fit together with stalls, mai ops, sheds, pens and other buildings and conveniences for the use ol or r 0 persons carrying on trade or business In, or frequenting, such markets or 1 slaughterhouses. pre (2) Any municipal slaughter house or municipal stockyard may be situated within or, with the sanction ofthe State Government, outside the municipal area (3) Amunicipal market or a slaughter house or a stockyard shall be under the control of the Chairman.

275. Use of municipal markets.—(1) No person shall, without the gerleral or special permission In writing of the Chalrman-ln-Councll, sell or expose for sale any commodity or article or animal or bird In any municipal market or utilise any space within the municipal market for any other purpose. (2) Any person contravening the provisions of sub-section (1), and any commodity, animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Chairman. • Ss. 276-279] The West Bengal Municipal Act, 1993 145

276. Levy of stallage, rent and fee.—^The Board of Councillors may— (a) charge such premium, stallage, rent or fee as may, from time to time, be fixed in this behalf— (/') for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house, (//) for the right to expose articles for sale in a municipal market, (///) for the use of machines, weights, scales and measures provided for in any municipal market, and (iv) for the right to slaughter animals in any municipal slaughter house, and for the feed for such animals before they are ready for slaughter; or (b) farm out the stallage, rent or fee chargeable as aforesaid or any portion thereof for such period as it may think fit; or (c) put up to public auction, or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house for such period and on such conditions as it may think fit.

277. Premium, stallage, rent, etc., to be published.—(1) The Board of Councillors shall publish the terms and conditions for premium to be charged in such manner as it may decide. (2) A copy of the table of stallage, rent and fee, if any, chargeable in any municipal market or municipal slaughter house, and of the regulations made under this Act for the purpose of controlling the use of such market or slaughter house, printed in such language or languages as the Board of Councillors may direct, shall be affixed in some conspicuous place in the market or the slaughter house, as the case may be.

278. Private markets and slaughter houses.—(1) No place, other than a municipal market, shall be used as a market unless such place has been licensed as market by the Board of Councillors under the provisions of this Chapter on such terms and conditions as the Board of Councillors may determine. (2) No place, other than a municipal slaughter house, shall be used as a slaughter house : Provided that nothing in this sub-section shall be deemed— (a) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions as the Chairman-in-Council may, by public or special notice, impose in this behalf, or (b) to prevent the Board of Councillors from setting apart any place for the slaughter of animals in accordance with the religious custom In vogue. (3) The Chairman-in-Council may require the owner or the occupier of any licensed private market to provide approach road or passage or pave, drain or light or to provide such conveniences for the use of persons resorting to such markets as it may deem fit.

279. Power to expel person contravening regulations.—(1) The Chairman-in-Council may, after giving the parties concerned an opportunity of 144 The West Bengal Municipal Act. 1993 [Ss. 270-275 rubbish or scraps in or along any street, public place or land except with the prior permission of the Chairman : Provided that no such permission shall be given until an advance payment of a fee for the removal of such rubbish or scraps has been made in accordance with such rates as may be determined by the Board of Councillors from tiitie to time.

271. Presumption as to offender.—If any rubbish, offensive matter, trader refuse, special waste, hazardous waste orexcrementitious and polluted matter accumulating on any premises is deposited in any place in contravention of the; provisions of this Act, it shall be presumed, unless the contrary is proved, that such contravention has been committed by the occupier of such premises.

272. Depositing or throwing any solid waste in contravention of the provisions ofthis Act.—Whoever deposits or throws or causes or permits to be deposited or thrown any solid waste on any place in contravention of the provisions of this Act shall, subject to such rules and regulations as may be made in this behalf, be punishable with fine which shall not be less than fifty rupees or more than five thousand rupees for each of such offences.

273. Power of the Municipality to get certain places scavenged and cleansed.—If any streetor public place under the control of Government orany statutory body is not properly or regularly scavenged or is, in the opinion of the Chairman, in a filthy and unwholesome condition, the Chairman may, by written notice, require the owner or the occupier to do the scavenging or cleansing or may cause scavenging or cleansing to be done and the cost ofsuch scavenging orcleansing shall be recovered from the owner or the occupier thereof, as the case may be. CHAPTER XVIII Markets and slaughter houses

274. Provision of municipal markets and slaughter houses.—(1) The Board of Councillors may provide and maintain municipal markets, slaughter houses or stockyards in such number as it may think fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting, such markets or slaughter houses. (2) Any municipal slaughter house or municipal stockyard may be situated within or, with the sanction ofthe State Government, outside the municipal area. (3) Amunicipal market or a slaughter house or a stockyard shall be under the control of the Chairman.

275. Use of municipal markets.—(1) No person shall, without the general or special permission in writing of the Chairman-in-Council, sell or expose for sale any commodity or article or animal or bird in any municipal market o utilise any space within the municipal market for any other purpose. (2) Any person contravening the provisions of sub-section (1), and any commodity, animal or article exposed for sale by such person, summarily removed from the market by or under the orders of the Chairma . Ss. 276-279] The West Bengal Municipal Act, 1993 145

276. Levy of stallage, rent and fee.—^The Board of Councillors may— (a) charge such premium, stallage, rent or fee as may, from time to time, be fixed in this behalf— (/) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house, (//) for the right to expose articles for sale in a municipal market, (///) for the use of machines, weights, scales and measures provided for in any municipal market, and (/V) for the right to slaughter animals in any municipal slaughter house, and for the feed for such animals before they are ready for slaughter; or (b) farm out the stallage, rent or fee chargeable as aforesaid or any portion thereof for such period as it may think fit; or (c) put up to public auction, or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house for such period and on such conditions as it may think fit.

277. Premium, stallage, rent, etc., to be published.—(1) The Board of Councillors shall publish the terms and conditions for premium to be charged in such manner as it may decide. (2) A copy of the table of stallage, rent and fee, if any, chargeable in any municipal market or municipal slaughter house, and of the regulations made under this Act for the purpose of controlling the use of such market or slaughter house, printed in such language or languages as the Board of Councillors may direct, shall be affixed in some conspicuous place in the market or the slaughter house, as the case may be.

278. Private markets and slaughter houses.—(1) No place, other than a municipal market, shall be used as a market unless such place has been licensed as market by the Board of Councillors under the provisions of this Chapter on such terms and conditions as the Board of Councillors may determine. (2) No place, other than a municipal slaughter house, shall be used as a slaughter house : Provided that nothing in this sub-section shall be deemed— (a) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions as the Chairman-in-Council may, by public or special notice, impose in this behalf, or (b) to prevent the Board of Councillors from setting apart any place for the slaughter of animals in accordance with the religious custom in vogue. (3) The Chairman-in-Council may require the owner or the occupier of any licensed private market to provide approach road or passage or pave, drain or light or to provide such conveniences for the use of persons resorting to such markets as it may deem fit.

279. Power to expel person contravening regulations.—(1) The Chairman-in-Council may, after giving the parties concerned an opportunity of ^46 The West Bengal Municipal Act. 1993 [Ss. 279-281 being heard and in accordance with such rules and regulations as may be made in this behalf,— (a) expel from any municipal market, municipal slaughter house or municipal stockyard, for such period as it may think fit, any person who or whose employee has been found contravening any regulations made under this Act and in force in such market, slaughter house or stockyard: (b) prevent such person as aforesaid from further carrying on any • ade or business in such market, slaughter house or stockyafJ or occupying any stall, shop, standing, shed, pen or other place thereon; (c) close the stall or shop of the person found to be in default in payment of the stallages or rents or any other dues to the Municipality till payment is made or recovered under the provisions of this Act; or (d) determine any lease or tenure which such person may have in any such stall, shop, standing, shed, pen or place. (2) If the tenant or the agent of the tenant of any owner or lessee of any private market or slaughter house has been convicted for contravening any regulation made under this Act, the Chairman-in-Council may require such tenant or agent to remove himself from such market or slaughter house within such time as may be mentioned in the requisition, and if such tenant or agent fails to comply with such requisition, he may, in addition to any penalty which may be imposed on him under this Act, be summarily removed from such premises by the owner or the lessee thereof or by the employee ofsuch owner or lessee. (3) If it appears to the Chairman-in-Council that in any case the owner or the lessee is acting in collusion with a tenant or an agent, convicted as aforesaid, who fails to comply with any requisition under sub-section (2), the Chairman-in-Council may, if it thinks fit, cancel the licence of such owner or lessee in respect of such premises.

280. Prohibition of business and trade near a market.—(1) No commodity or article or animal or bird shall be sold or exposed for sale by a hawker or squatter within a distance of forty-five metres from the outward confines of any municipal market or licensed private market without the permission of the Board of Councillors. (2) Any person contravening the provisions of sub-section (1) and any commodity or article oranimal or bird exposed for sale by such person may be summarily removed by or under the order of the Chairman.

281. Municipal licence specially for sale of flesh, fish or poultry.—(1) No person shall, without or othen/vise than in conformity with a licence from the Board of Councillors, carry on the trade of butcher, fishmonger, poulterer or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended for human food: Provided that no person shall sell orexpose for sale any flesh obtained from an animal unless the skinned carcass of the animal is stamped in such manner as the Board of Councillors may, by general order made in this behalf, require Ss. 281-283] The We«vt Bengal Municipal Act. 1993 147 in token of the fact that the animal has been slaughtered in a municipal or licensed slaughter house: Provided further that no licence shall be required for any place used for sale or storage for sale of preserved flesh or fish contained in air-tight or hermetically sealed receptacles; (2) The Board of Councillors may, by order and subject to such conditions as it may. upon supervision and inspection, think fit to impose, grant a municipal licence or may. by order and for reasons to be recorded in writing, revoke the name. (3) The Board of Councillors may. by regulation, determine the procedure for the issue of licence and its renewal, fix the standard of edibility of meat and fish, and provide for inspection and analysis of samples of such meat and fish. (4) If any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this section, the Chairman may stop the use thereof by such means as he may consider necessary.

282. Municipal licence for hawking articles, etc.—No person shall, without or otherwise than in conformity with the terms of a licence granted by the Board of Councillors in this behalf.— (a) hawk or expose for sale in any place any article whatsoever, whether it is for human consumption or not; 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.

283. Power to Inspect places where unlawful slaughter of animals, etc. Is suspected.—(1) If the Chairman-in-Council or any person authorised by it in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale in any place or manner not duly authorised under this Act. he may. at any time by day or night without notice, inspect such place for the purp e of satisfying himself as to whether any provision of this Act or of any rule or regulation made thereunder is being contravened threat and may seize any such animal or the carcass of such animal or such flesh found therein. (2) The Chairman-in-Council may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh seized under sub section (1). (3) If. within one month of such seizure, the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the Chairman or if the owner is convicted of an offence under this Act in respect of such animal, carcass or flesh, the proceeds of any sale under sub-section (2) shall be credited to the Municipal Fund. (4) Any person slaughtering any animal or selling or exposing for sale the flesh of any such animal in any place or manner not duly authorised under this Act may be arrested by any police officer without a warrant. (5) No claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for effecting such entry. 148 The West Bengal Municipal Act. 1993 [Ss. 284-285A

284. Powerto seize food or drug, etc.—(1) Subject to the provisions ofthe Prevention of Food Adulteration Act, 1954 (37 of 1954), or any other lawforthe time being in force, the Chairman-in-Council may cause inspection and analysis of any food, drug, edible oil, milk or similar item of human consumption or any utensil or vessel used for preparing or storing any such thing. (2) If, upon inspection or analysis, any such item for consumption as aforesaid is, in the opinion of the Chairman or the officer or the 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 may render any food or drug prepared, manufactured or stored therein unwholesome or unfit for human consumption, he may seize, seal or carry away such food or drug or utensil or vessel. (3) If any food or drug seized undersub-section (2) is, in the opinion of the Chairman, unfit for human consumption, he shall cause the same to be forthwith destroyed in such manner as may 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 or drug was at the time of its seizure.

285. Commercial projects etc. of a Municipality.—(1) The Board of Councillors may, '•[with the prior approval of the State Government,] undertake theformulation, execution and running ofcommercial projects including market development schemes or industrial estates, 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 shall apply mutatis mutandis to the commercial ventures undertaken by the Board of Councillors under this section. 2fCHAPTER XVIIIA Fire prevention and fire safety

285A. Arrangement for fire prevention and fire safety.—On the coming into force of the West Bengal Fire Services Act, 1950, in any municipal area, the Municipality shall, in consultation with the Director of Fire Services or any officer authorised by him in this behalf by general or special order, require the owner or the occupier of all or any of the premises ir the municipal area to make, or to carry, such arrangements as may be necessary for fire prevention and fire safety in the municipal area, and issue a fire sarety 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) ofsection 2 ofthe West Bengal Fire Services Act, 1950.]

1. Subs, by s. 11 of the West Bengal Municipal (Amendment) Act. 2003 (W.B. Act XIII of 2003), w.e.f. 1.10.2003 for "with the prior information to the State Government.

2. Ins. by the W.B. Act XIII of 1995, w.e.f. 5.9.1995. PART VII URBAN AND REGIONAL PLANNING AND DEVELOPMENT CHAPTER XIX Urban Renewal and Regional Development A. Bustee or slum improvement

286. Power of Board of Councillors to define and alter limit of bustee or slum.—(1) The Board of Councillors may define the external limits of any bustee or slum and may, from time to time, alter such limits. (2) The Board of Councillors shall maintain a list of all bustees or slums within the municipal area with such particulars thereof as may be prescribed.

287. Power to prepare improvement schemes.—(1) Notwithstanding anything contained in any other law for the time being in force, the Board of Councillors may, subject to the approval of the State Government, prepare such improvement schemes for any bustee or slum for the purpose of effecting environmental or general improvement of bustees or slums as it may consider necessary, and publish a copy of such scheme in such manner as may be prescribed. (2) The improvement scheme may include layout plan for the entire bustee or slum or a part of it, relocation of existing huts or structures on the basis of such layout plan, diminution of individual holdings and compulsory acquisition of land or building for the purpose of providing common facilities and amenities in the bustee or slum area, temporary shifting of inhabitants and their resettlement in phased manner with a view to augmenting such civic amenities and services as the Board of Councillors may decide. (3) While preparing any improvement scheme, the Board of Councillors shall abide by the Development Plan prepared under any other law for the time being in force, and shall take into account the activities of other agencies or authorities affecting all or any of the matters referred to in sub-section (2), and may, for such purposes, call for any paper, map, document or data from such agencies or authorities who shall comply with such requisition. (4) The approved improvement scheme shall be binding on the agencies and authorities referred to in sub-section (3), and the owners, occupiers, thika tenants and other residents within the bustee or slum.

288. Notice for participation of owners and occupiers. After the publication of an approved improvement scheme, under sub-section (1) of section 287, the Board of Councillors shall cause a notice to be served on such owners or occupiers of huts and structures within the bustee or slum as are on municipal record, inviting participation in the implementation of the scheme.

289. Management of areas of common uses and facilities.—Upon an improvement scheme being implemented the Board of Councillors may provide for management of the common areas and facilities created in course of such implementation, by establishment of a users committee or a co-operative society of the owners or the occupiers on the model of a housing co-operative society under the West Bengal Co-operative Societies Act, 1983 (West Ben. 149 150 The West Bengal Municipal Act, 1993 [Ss. 289 29- ActXLV of 1983), and such management shall be binding on the owners or the occupiers, as the case may be, coming within the purview of the scheme.

290. Layout plan for sanction of erection of hut or structure in ^ busfee.—Notwithstanding anything contained elsewhere in this Act. the of Councillors may require a person intending to erect a hut or structure within a bustee or slum to conform to the layout plan as may be prepared by the Board of Councillors in respect of any bustee or slum or any part thereof. B. Area Development and renewals

291. Removal of congested buildings.—(1) Where it appears to the Board of Councillors that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together or the'narrownes^ closeness, or faulty arrangement of streets or the want of proper drainage and ventilation or the impracticability of cleansing the buildings or any other similar cause, the Chairman shall cause the block to be inspected by a public health engineer who shall make a report in writing regarding the sanitary condition of the block. (2) If, upon receipt of such report, the Board of Councillors considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or the neighbourhood or to endanger otherwise the community health or safety, it may select the buildings which, in its opNon. should wholly or in part be removed in order to abate the unhealthy condition of the block, and may, thereupon, by notice in writing require the owners of such buildings to remove them within such period as may be specified in the notice; Provided that before issuing notice, a reasonable opportunity shall be afforded to the owner to show cause why the building should not be removed . Provided further that the Board of Councillors shall make compensation to the owner for any building so removed which may have been erected under proper authority. (3) If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the period specifieo in the notice, the Board of Councillors may cause the building to be removed and recover from the owner of the building the expenses of such removal as an arrear of tax under this Act.

292. Power to require improvement of buildings unfit tor human habitation.—(1) Where the Board of Councillors, upon information in its possession, is satisfied that any building is, in any respect, unfit ror human habitation, it may, unless, in its opinion, the building is not capable of being rendered fit at a reasonable expense, serve upon the owner of the building a notice requiring him to execute the works of improvement specified notice within such period, not being less than sixty days, as may be speci le in the notice. (2) In addition to the service of notice on the owner of the building sub-section (1), the Board of Councillors may serve a copy of the notice on a y other person having an interest in the building, whether as a essee mortgagee or otherwise. Ss. 292-296] The West Bengal Municipal Act. 1993 151 (3) If a notice requiring the owner of the building to execute the works of improvement is not complied with, then, after the expiration of the period specified in the notice, the Board of Councillors may execute the works of improvement and recover the expenses incurred in connection therewith as an arrear of tax under this Act.

293. Area development.—Where the Board of Councillors, upon information in its possession, is satisfied as respects any area within a municipal area— (a) that the buildings in that area are. by reason of disrepair or sanitary defects, unfit for human habitation or are. by reason of their bad arrangement or the narrowness of bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area, or (b) that the most satisfactory method of dealing with the conditions in the area is the re-arrangement and reconstruction of the streets and buildings in the area in accordance with an area development programme, it may frame a project in respect of the area in accordance with the rules made in this behalf.

294. Matters to be provided in an area development project.—An area development project may provide for such matter as may be prescribed by rules.

295. Execution of an area development project.—(1) The provisions of this Chapter in so far as they relate to the implementation of an improvement scheme in a bustee or slum, shall apply mutatis mutandis in the case of execution of an area development project. (2) The Board of Councillors may, if it considers necessary and with the sanction of the State Government, provide for corporate funding for execution or maintenance of an area development project and channelise fund through an association of inhabitants or voluntary organisation of the area and also secure financial resources from banks or similar institutions to augment such fund which may be administered by such association in accordance with such procedure as may be prescribed.

296. Power to acquire land or building for orderly growth.—Subject to the provisions of this Act, the Board of Councillors may acquire any land or building, whether situated within or outside the municipal area, for the purpose of— (/) opening out any congested or unhealthy area or otherwise improving any portion of the municipal area; or (//) erecting sanitary dwellings or providing site and services for the working and poorer people; or {Hi) executing any development plan or scheme to provide for the growth of the municipal area in an orderly manner, including housing programme for different sections of the community. 152 The West Bengal Municipal Act, 1993 [S. 297 C. Planning and regional development "•[297. Preparation of Draft Development Plan.—(1) The Board of Councillors shall prepare a Draft Development Plan for the municipal area or notified area, as. the case may be, in consultation with the District Planning Committee for a period of five years, and shall submit to the Urban Development Sub-Committee at least one year before completion of the term of the preceding Draft Development Plan : Provided that a Municipality or Notified Area Authority shall prepare the first Draft Development Plan in accordance with the directions of the District Planning Committee. (2) The Draft Development Plan for any municipal area or notified area shall be a written statement, and shall include— (a) the schemes of the Municipality or the Notified Area Authority 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 Municipality or the Notified Area Authority thinks fit for the improvement of the physical environment; {b) detailed and specific scheme of the Municipality or the Notified Area Authority for conducting development programmes on all or any of the points specified in clauses (1), (2) and (3) of section 63, section 64 and sub-section (2) of section 65; (c) such maps and diagrams as the Municipality or the Notified Area Authority thinks appropriate; (d) existing land use pattern in maps or documents; (e) the scheme for future land use control by way of — (/) identification and preservation of open spaces; ) prohibition of filling up of tanks or water courses; (/ ) filling up of insanitary water courses; . (/V) 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; (w7) street alignment; {viii) provision for burning and burial grounds; (/x) reclamation of waste lands; or (x) providing activities of similar nature;

1. Subs, by the W.B. Act XXXII of 1.997, w.e.f. 18.3.1998 for the following : "297. Power of Municipality to plan for the region.—(1) Subject to the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979), the State Government may by notification, declare an area to be an Urban Development Region of a Municipality comprising— (/) the area within the jurisdiction of the Municipality, and (//) such other drainage areas adjoining and around the municipal area as may be deemed necessary to be included therein by the State Government. (2) Whenever an Urban Development Region of a Municipality has been so declared, the Municipality may prepare a master plan for upgradation of the human settlements within such region.". ,.ii Ss. 297-298] The West Bengal Municipal Act, 1993 153 (/•)regulation and restriction of sites for construction of buildings, huts or structures for the purposes of safety, disinfection, 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; (/) 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.] 1[298. Financial statement in regard to Draft Development Plan.—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—

1. Subs, by the W.B. Act XXXII of 1997, w.e.f. 18.3.1998 for the following: "298. Preparation of a master plan.—A master plan for the Urban Development Region may provide for all or any of the following ; (a) existing land use pattern in maps or documents; (b) future land use control by way of— {/) identification and preservation of open spaces, or (//) prohibition of filling up of tanks or water-sources, or (Hi) filling up of insanitary water-sources, or (/V) protection of land surface through which sub-soil water-sources are recharged, or (v) provision for drainage network and outfalls, or (vi) provision for dumping grounds for solid wastes disposal, or (v/7) street alignments, or (viii) provision for burning and burial grounds, or (fx) reclamation of waste lands, or (x) providing activities of similar nature; (c) regulation and restriction of sites for construction of buildings, huts or structures; (d) regulation of licensing of premises to be used for non-residential purposes; (e) regulation of construction of buildings, huts or structures for purposes of safety and densification or density control; (f) environmental improvement by way of restriction of felling of trees, planting of new trees and flowering plants in public places and adding to house greenery and the like; (g) control of pollution relating to water, soil, air, noise and odour etc.; (h) land acquisition for the purpose of ensuring that the benefits of developmen tal activities are reaped by public bodies for community welfare and not for speculative gains by private individuals.". 154 The West Bengal Municipal Act, 1993 [Ss. 298-300 (/•) own resources of the Municipality or the Notified Area Authority, as the case may be. with source-wise break-ups; and (/'/) corporate sector or household sector; (b) the following particulars in detail;— (/•) credit plan or the terms and conditions for availing of the finance from corporate sector or household sector; {/•/•) sources of fund for repayment of credit, if taken from corporate sector or household sector and the manner of repayment; and (c) if the Municipality or the Notified Area Authority, as the case may be, thinks it proper to transfer any function of the Municipality or the Notified Area Authority in relation to the implementation of the Draft Development Plan to any organisation including Government organisation within the meaning of section 66, 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] ''[299. Modification of Draft Development Plan.—The Board of Councillors 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.] 2[300. Annual Development Plan.—(1) The Board of Councillors shall prepare an Annual Development Plan for a period of one financial year, covering only the relevant portion of the Draft Development Plan for the Subs, by the W.B. Act XXXII of 1997, w.e.f. 18.3 1998 for the following: "299. Urban Development Committee.—(1) The State Government may, for the purpose of formulation of a master plan for an Urban Development Region or implementation of any project or scheme in pursuance thereof or for carrying out any activity arising out of it, constitute an Urban Development Con-mittee or Urban Development Committees for any area or outside the municipal area (2) Whenever any Urban Development Committee is constituted, it shall be incumbent upon the Board of Councillors to consult it in all matters of preparation of any master plan and entrust to it all items of implementation so far as they relate to areas outside the municipal area.". Subs, by ibid, w.e.f. 18.3.1998 for the following : "300. Panchayats as Urban Development Committees.—Notwithstanding any thing contained in the West Bengal Panchayat Act. 1973 (West Ben. Act XII of 1973). State Government may vest the powers of an Urban Development Committee in a Gram Panchayat constituted under section 4 or a Joint Committee appointed under section 30. or a Panchayat Samiti constituted under section 94 of the Act. Upon the vesting of such powers, the exercise thereof by the Gram Panchayat or the Joint Committee or the Panchayat Samiti, as the case may be. shall be deemed to be the performance or the function assigned to the Gram Panchayat or the Joint Committee or the Panchayat Samiti as the case may be, in respect of the matter referred to in clause (o) of sub-section (1) of section 20, or item (ii) of clause (a) of sub-section (1) of section 109, as the case may be. of that Act: Provided that the State Government may associate representatives from other authorities or experts in different fields with the Urban Development Committee for rendering of necessary advice or guidance ". Ss. 300-302] The West Bengal Municipal Act, 1993 155 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 297 and section 298., whiclrshall 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 Board of Councillors shall, within six months from the date of receipt of plan grant under sub-section (3) of section 71, 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 Board of Councillors 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.]

301. Board of Councillors In charge of Urban Development Region.— (1) All planning and developmental activities in an Urban Development Region under .this Chapter shall be carried out under the overall supervision and control of the Board of Councillors of the concerned municipality. (2) The Board of Councillors may, by a written notice, require the owner or the occupier of any land or building situated within an Urban Development Region to submit such particulars relating to land or building, and such other information, as the Board of Councillors may deem necessary. (3) It shall be incumbent upon every owner or occupier to comply with the requirement of the notice under sub-section (2) and to carry out all instructions given by the Board of Councillors in furtherance of the provisions of this Chapter. (4) The Board of Councillors may, in carrying out th"®* .purposes of this Chapter, involve the participation of such voluntary org'aiiriations or public participation in such manner as it may deem fit and proper.

302. Power to make rules.—The State Government may make rules providing for— (a) the procedure of functioning of an Urban Development Committee, (b) the method of preparation and enforcement of a master plan, (c) the conditions of involvement of voluntary organisations, and {d) such other matters as may be necessary to carry out the provisions • of this Chapter. 156 The West Bengal Municipal Act, 1993 [Ss. 3034CS CHAPTER XX Municipalities in hill areas A. Special Provisions Municipalities in hill areas.— . ^ anything contained elsewhere in this Act, but subject to the anr!(!f° PP y on1^y sub-sectioh (5) of section o the Municipalities 1, the in the hill provisions areas and shallofbe thisconstrued Chapter toshaD l)e supplementing, the other provisions of this Act in their application to such Municipalities. B. Definitions The worri*"H"^'°" ^©^initions of "drain" and "masonry building".—("1) Municinaiih/ defined in clause (16) of section 2 shall, in the case of a drainaae ilno"^ ^ include a jhora, or water-course of natural specifv bv Government may, for the purposes of this Act, drainaop lino ' limits of any jhora, water-course, channel or natural (2) F ?h ^"municipal area in the hill areas, in the hil° arpa Chapter XIV, in its application to the Municipaliti« building. expression "masonry building" shall include a ffam«l 305 Definitions.-in this Chapter,- road" means a road, street, square, court, alley or the publicrnaintained tho expense; by the Central or the State Government or at ^^ bridge" means any bridge which is not a public bridge as (Hi) « drain" means any drain which is not a public drain as . 'n this section; means any road, street, square, court, alley or in this section; 'n which is not a public road or Government road as defined ^ bridgeis carried, ic work means and abridge whichonis,orfor overthewhich apublicvested time being, road orin any the Board of Councillors; ) public drain" means any drain which is vested in the Board of Councillors; (wV) public road" means a "public street" as defined in clause (61) of ® ion 2, but does not include a Government road. 306 Ah rniinriiinro^?J"^® cioslng that any publicofroad public roads.—(1) or part thereof—If it appears to the Boa (a) threatens the stability or security of any hillside or bank or immovable property thereon, or Ss. 306-310] The West Bengal Municipal Act. 1993 157 {b) cannot, in consequence of its condition or its situation with reference to any adjacent hillside or bank, be efficiently maintained or repaired except at a cost which, in its opinion, is unreasonable, the Board of Councillors may. by public notice, declare such public road or part thereof to be absolutely closed after providing other reasonably sufficient means of access to holdings adjacent to such public road or part thereof, if no such means or access already exists. (2) From the date of any notice published under sub-section (1) in respect of any public road or part thereof, the Board of Councillors shall not be bound to maintain or repair such public road or part thereof, and the site thereof may be disposed of or otherwise dealt with in such manner as the Board of Councillors may determine : Provided that if the Board of Councillors determines to sell or to let on lease or otherwise transfer any part of the site as aforesaid which is adjacent to any private land or building, the owner of such land or building shall have prior right to buy or take on lease such part of such site at a reasonable rate and on such terms and conditions as the Board of Councillors may decide.

307. Power to close private road.—If it appears to the Board of Councillors that the existence of any private road threatens the stability or security of any hillside or bank or any immovable property thereon, it may, by written notice, require the owner of such private road to close the road and to take such measures as may be considered necessary for the stability or security of such hillside, bank or property or as may be specified in the notice : Provided that no notice shall be issued under this section in respect of any private road which constitutes the only approach to a building, unless, in the opinion of the Board of Councillors, another road affording a suitable approach to the building can be constructed at reasonable expense.

308. Power to close temporarily a road or part of a road for repairs or other public purpose.—The Board of Councillors may close temporarily any public road or part of a public road for the purpose of repairing such road, or for the purpose of constructing any sewer, drain or bridge, or for any other purpose : Provided that the Board of Councillors shall provide reasonable means of access to persons occupying holdings adjacent to such road.

309. Control over private roads and bridges.—All private roads and bridges shall be subject to the inspection and control of the Board of Councillors.

310. Control over construction or alteration of private roads.—(1) Every person who intends to construct, reconstruct or alter a private road shall send to the Board of Councillors an application for permission to execute the work. (2) Every such application shall be accompanied by such document and particulars as may be prescribed. (3) Every person applying for permission to construct, reconstruct or alter a private road shall further mark out on the round the alignment of the road for inspection by the Board of Councillors or an officer authorised by it in this behalf. 15B The West Bengal Municipal Act. 1993 [Ss. 310-315 (4) The permission referred to in sub-section (1) may be granted or refused orgranted subject to any condition which the Board of Councillors may think fit to impose in accordance with such rules as may be made in this behalf. (5) No work referred to in sub-section (1) shall be commenced without the written permission of the Board of Councillors.

311. Reconstruction etc. of private road.—If it appears to the Board of Councillors that any private road is so situated or is in such condition that it threatens the stability or security of any hillside or bank or any immovable property thereon, It may, by written notice, require the owner of such private road,— (a) to reconstruct, regrade, divert, alter or repair such private road, or (b) to make a revetment or retaining-wall ori either side or both sides of such private road, or (c) to take such other measures as may be specified in the notice.

312. Provision for enlargement of waterway on private road. 'If appears to the Board of Councillors that it is necessary to provide any waterway on any private road or to enlarge any waterway provided on any private road, it may, by written notice, require the owner of such private road—• (а) to provide and maintain such waterway, or to enlarge the existing waterway, as the case may be. (б)

313. Rules as to construction etc. of private road etc.—Whenever any private road is to be constructed, reconstructed, regraded, diverted, altered or repaired, or whenever any waterway on any private road is to be provided or enlarged,^ the work shall be executed in accordance with such rules, in so far ias they are applicable to such private road or waterway, as may be made in this behalf.

314. Removal of materials falling upon or into road or drains.— Whenever any building, wall, revetment or other erection or any part thereo , or any stone, tree, soil or debris from private premises falls down and obstructs any public or private road or drain, the Board of Councillors may cause the. obstruction to be removed and take air measures incidental thereto, an . recover the expenses thereof frorri the owner of the premises from which those have faljeh, unless the owner himself causes such removal. . D. Drains ^ ^

315. Control over construction or alteration of private drains. ( ) Every person who intends to construct, reconstruct, alter, stop up or obstruc any private drain, shali send to the Board of Councillors an application for permission to execute the work. (2) Every such appjication shall be accompanied by a general description ^ of the drain. (3) The permission referred to in sub-section (1) may be granted or refused or granted subject to any conditions which the Board of Coundllprs may think fit to impose in accordance with such rules as may be made in this behalf. Ss. 315-319] The West Bengal Municipal Act, 1993 159 (4) No wck referred to in sub-section (1) shall be commenced without the written permission of the Board of Councillors.

316. Reconstruction, repair, etc. of private drains, gutters, etc.—(1) The Board of Councillors may, by written notice, require the owner of any land or building— (a) to reconstruct, enlarge, extend, alter, repair, make efficient, stop up or remove any drain belonging to such land or building, or {b) to alter the inclination or direction of any such drain, or (c) to provide for any such drain or such movable covers or gratings as may be specified in the notice, or (d) to carry any such drain to such point of outlet, or junction with some other drain, as may be specified in the notice. (2) The Board of Councillors may, by written notice, require the owner or the occupier of any building— (a) to provide and maintain a sufficient number of suitable roof-gutters and down pipes or masonry platforms for carrying water from the roof of the building into such drains as may be specified in notice, or {b) to renew, atter, repair or remove any such gutters, pipes or platforms already provided for the building. (3) The gutters as aforesaid shall be of such dimensions and shall have such slope, and the pipes as aforesaid shall be of such dimensions and the bends in such pipes shall be made at such angles, as may be prescribed.

317. Power to require provision of private drain.—If any land or building is not drained to the satisfaction of the Board of Councillors, it may, by written notice, require the owner to provide a drain therefor, at such inclination, and to such point of outlet or of Junction with some other drain, as may be specified in the notice.

318. Private drainage in combination.—(1) If it appears to the Board of Councillors that any land or building belonging to different owners may be drained or the drainage thereof may be improved more economically or advantageously in combination than separately, the Board of Councillors may cause such lands or buildings to be drained, or the drainage thereof to be improved, in such manner as it may consider fit. (2) The Board of Councillors may cause any drain, which has been provided or improved under sub-section (1), to be maintained or repaired in such manner as it may consider fit. (3) All expenses incurred under sub-section (1) or sub-section (2) shall be paid by the owners of the lands or the buildings, as the case may be, in proportion to the benefits derived by them, in such manner as may be determined by the Board of Councillors. E. Safety of the hiUside

319. Power where buildings etc. threaten the stability of other Immovable property.—If it appears to the Board of Councillors that any building or portion of a building or anything affixed to a building or any wall or 160 The West Bengal Municipal Act. 1993 [Ss. 319-321 hiMciw condition as threatens the stability or security Counriiinrc mo y. y written notice,immovable require the property owner of thereon, such landthe Board of or building— down such building, portion, thing, wall or structure and remove the materials, or ^^<;?irh repair such building, portion, thing, wall or structure in u^ specified in the notice, or to make a mav ho "specified support may be thereofand in the notice, or to take such other measures as matter referred to in clause (a), also to take such for pncii^ tu site of such building, wall or structure, immnwcKi"^^ stability or security of any hillside or bank or any 320 Power h ^ thereon as may be specified in the notice. if it appears^toThe^iRna'H^'f ^ threatens the safety of buildings.— hillside or bank bein Councillors that the condition or situation of any building or the safetv Property, is such as threatens the safety of any under any other oro^ such building cannot be ensured by taking action some other buildina building threatens the safety of mentioned building^' ^dtten notice, required the owner of the first {b) to seoj remove the materials, or notice ^o^ to ^ 'n such manner as may be specified in the such other ® revetment for the support thereof or to take and may also b • ®® specified in the notice, asecure the sarneIn^u^^h" revetment for the su^ '^^riner as•'^duire may bethespecified owner ofin the the notice other orbuilding to maketo specified in the notice'^'^^'^ thereof or to take such other measures as may be the Board of Coundllorrth^^l^'"^' turfing or sloping.—(1) If it appears to private property is surh condition or the situation of any land, being bank or any im'movabip the stability or security of any hillside or written notice, reouirp th thereon, the Board of Councillors may, by things, namely: ^ owner of the land to do all or any of the following UDon anu^nirf^^ niaintain a revetment, retaining-wall or toe-wall (b) to retai^ng-wall or®'toe-wall ^'^'"9®- strengthen, alter or already standing on repair any or the land; revetment, c to turf the land or any portion thereof; or ( 0 slope the land or any portion thereof. Counriiinrf^^ ®notice Is issued, represents to the Board of reniiiroH h' ,1J' Ween days of the service of the notice, that the work art?jacent u^- buildingsne'iee will the or land, directly Boardor ofsubstantially Councillorsbenefit the owners may, after hearing of all any the owners concerned, cause the said work to be executed; and the expenses Ss. 321-326] The West Bengal Municipal Act, 1993 161 thereby incurred shall be recovered from all or any of such owners in such proportion as the Board of Councillors may direct.

322. Power to execute work in combination.—If it appears to the Board of Councillors that lands or buildings belonging to two or more owners may be protected by the execution of works more economically or advantageously in combination than separately, the Board of Councillors may cause such works or any of them to be executed, maintained and kept in repairs; and the expenses thereby incurred shall be recovered from the said owners in such proportion as the Board of Councillors may direct.

323. Power to execute works where public road, drain, revetment or retaining-wall is affected.—The Chairman-in-Council may, at any time, for reasons to be recorded in writing, cause any revetment, retaining-wall or toe- wall to be constructed, re-constructed, enlarged, strengthened, altered or repaired on any private land immediately abutting upon any public road, drain, revetment or retaining-wall; and the expenses thereby incurred shall be shared by the Municipality with the owner of such land in such proportion as the Chairman-in-Council may direct.

324. Rules as to revetting, turfing and sloping.—Whenever any revetment, retaining-wall or toe-wall is to be constructed, reconstructed, enlarged, strengthened, altered or repaired, or any land is to be turfed, or sloped, the work shall be executed in accordance with such rules, in so far as they are applicable to such work, as may be made in this behalf. F. Contto! over occupation of buildings

325. Power to prohibit occupation of unsafe or insanitary building.—(1) If it appears to the Chairman-in-Council that any building or the site thereof is, in consequence of its condition or of its situation with reference to any hillside or bank, unsafe, it may, by written notice, prohibit the owner or any other person from occupying or continuing to occupy such building or from permitting it to be occupied until the building or the site, as the case may be, is rendered safe to the satisfaction of the Chairman-in-Council. (2) If it appears to the Chairman-in-Council that the drainage of, or the latrine accommodation provided for any masonry or framed building is defective, it may, by written notice, prohibit the owner from letting the building for occupation until the defects have been remedied to its satisfaction. G. Regulation

326. Additional power to Board of Councillors in hill areas to make regulations.—(1) In addition to any rule that the State Government may make under this Act, the Board of Councillors in the hill areas may, at a meeting, make regulations— (a) prohibiting the cutting or destroying of trees or shrubs, planting and maintenance of particular kinds of trees or shrubs, prohibiting the making of excavations or removal of soil or quarrying, providing for the alteration, repair and proper maintenance of buildings and compounds, closing of roads and by-paths, and general protection of the surface land on any hillside, where such regi^lations appear 162 The West Bengal Municipal Act. 1993 [S. 326 to the Board of Councillors to be necessary for the maintenance of water-supply, preservation of soil, prevention of landslips or of formation of ravines or torrents, and protection of land against erosion or deposit thereon of sand, gravel or stones; {b) providing for road, or land, or building abutting thereon; (c) providing for licences necessary within the municipal area for animals, vehicles and other conveyances let out on hire for a day or part thereof: (cf) prescribing the conditions subject to which such licenses may be granted, refused, suspended or withdrawn; (e) providing for the charges to be made for the hire of animals, vehicles and other conveyances referred to in clause (c); (f) preventing the straying of poultry; (fif) preventing the grazing or straying of cattle on hillsides or banks; and {h) providing for any of the matters necessary for environmental protection of the hills. the thp same meaningcattle" as in referred the Cattleto Trespass Act,of1871 in clause (g) (1 of 1871). sub-section (1) shall have PART VIII COMMUNITY HEALTH CHAPTER XXI Public Safety and Nuisances

327. Precautions in case of dangerous structures.—(1) If any structure is deemed by the Board of Councillors to be in ruinous state and dangerous to the passers-by or to the occupiers of neighbouring structures, the Board of Councillors may by notice require the owner or the occupier to fence off, take down, secure or repair such structure to prevent any danger therefrom within such period as may be specified in the notice. (2) If immediate action is necessary, the Board of Councillors shall, before giving such notice or before the period specified in the notice expires, fence off, take down, secure or repair such structure or fence off a part of any street or take such temporary measures as it may think fit to prevent danger, and the cost of doing so shall be recoverable from the owner or the occupier as an arrear of tax under this Act. (3) If, in the opinion of the Chairman-in-Council, the structure as aforesaid is imminently dangerous to the inmates thereof, it shall order immediate evacuation thereof, and any person disobeying the order may be removed by any police-officer.

328. Precautions in case of dangerous trees.—(1) If any tree or any branch of a tree or the fruit of any tree overhangs or is likely to fall and thereby endanger any person or any structure, well or tank, the Chairman may by notice require the owner of such tree to secure, lop or cut down the tree to prevent any danger therefrom. (2) If immediate action in respect of any tree or any branch of a tree or the fruit of any tree referred to in sub-section (1), is necessary, the Chairman shall, before giving such notice or before the period specified in the notice expires, secure, lop or cut down such tree or remove the fruit thereof or fence off a part of any street or take such other temporary measures as he may think fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree as an arrear of tax under this Act.

329. Precautions in case of dangerous tanks, wells, holes, etc.—(1) If any tank, pond, well, hole, stream, dam, bank or other place appears to the Board of Councillors to be, for want of sufficient repair, protection or enclosure, dangerous to the passers-by or to persons living in the neighbourhood, the Board of Councillors may by notice require the concerned owner to fill in, remove, repair, protect or enclose such tank, pond, well, hole, stream, dami bank or other place, as the case may be, to prevent any danger therefrom within such period as may be specified in the notice. (2) If immediate action in respect of,any tank, pond, well, hole, stream, dam, bank or other place referred to in sub-section (1) is necessary, the Chairman-in-Council shall, before giving such notice or before the period specified in the notice expires, take such temporaiy measures as it may think 163 164 The West Bengal Municipal Act, 1993 [Ss. 329-332 fit to prevent danger, and the cost of doing so shall be recoverable from the owner as an arrear of tax under this Act.

330. Power to stop dangerous quarrying.—If, in the opinion of the Board of Councillors, the working of any quarry or the removal of stone, earth, coal or other material from any place is dangerous to persons residing in or having legal accesstotheneighbourhood thereof orcreates or is likely to create a nuisance, the Board of Councillors may require the owner or the person having control of such quarry or place to discontinue the working of the same or to discontinue the removal of stone, earth, coal or other material from such place or to take such order with such quarry or place as It may deem necessary, for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom.

331. Precautions\againstfire.—(1) The Board of Councillors may by notice require the owner of any structure, booth or tent partly or entirely composed of, or having any external roof, verandah, pandsl or wall partly or entirely composed of, cloth, grass, leaves, mats orother Inflammable materials, to remove or alter such tent, booth, structure, roof, verandah, pandal or wall, or may grant him permission to retain the same on such conditions as the Board of Councillors may think necessary to prevent danger from fire. (2) The Board of Councillors may by notice require any person using any place for the storage.for private use of timber, firewood, or other combustlbl© things to take special steps to guard against danger from fire. (3) Where the Chalrman-ln-Councll Is of opinion that the means of egress from any building are Insufficient to allow safe exit In the event of fire. It may by notice require the owner or the occupier of the building to alter or reconstruct any staircase In such manner, or to provide such additional or emergency staircase, as It may direct; and when any building, booth or tent Is used for purposes ofpublic entertainment, the Chalrman-ln-Councll may require, subject to the foregoing provisions of this section, that It shall be provided with an adequate number of clearly Indicated exits so placed and maintained as may readily afford the audience ample means of safe egress, that the seating shall be so arranged as may not Interfere with free access to the exits, and that gangways, passages and staircases leading to the exit shall, during the presence of the public, be kept clear of obstruction.

332. Prohibition ofconstruction ofwells, tanks etc. without permission of Board of Councillors.—(i) No new well, tube-well, 'ank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the Board of Councillors. (2) The Board of Councillors may grant such permission, subject to such conditions as It may deem necessary, or may, for reasons to be recorded In writing, refuse such permission. (3) If any work Is begun or completed without permission as aforesaid, the Chalrman-in-Councll may— (a) by notice require the owner or other person who has done such work to fill up or demolish such work In such manner as the Chalrman-in- Council may direct, or Ss. 332-333] The West Bengal Municipal Act, 1993 165 (b) grant permission to retain such work for reasons to be recorded in writing, in exceptional circumstances if such retention is not otherwise objectionable : Provided that the Board of Councillors may impose such fine not exceeding five hundred rupees for such contravention, as it may deem fit. '•[333. Prevention of mosquito-breeding.—(1) If, in the opinion of the Chairman-in-Council, any pool, ditch, tank, well, pond, swamp, quarry, hole, drain, cesspool, watercourse, pit, cistern, desert or air-cooler, ground, underground, or overhead tank or any collection of water, or any land on which water may, at any time, accumulate, is or likely to become a breeding place of mosquitoes or, in any other respect, begomes a nuisance, the Chairman-in- Oouncil may by notice require the owner or the person having control thereof to take all or any of the following actions :— (a) to clean, or drain off or remove water therefrom, or to provide cover thereto, or (b) to have any courtyard, lane, passage, or open space paved with such material, and in such manner, as may be directed by the Chairman- in-Council, to keep such paving in proper repair, or to raise the level of such courtyard, lane, passage, or open space, or (c) to fill up unwholesome waterbody : Provided that any unwholesome waterbody may be filled up only after compliance with the provisions of section 4C of the West Bengal Land Reforms Act, 1955, (West Ben. Act X of 1956), by the owner or the person having control thereof. (2) No person shall keep, or permitted to be kept or maintained, within any premises or land any collection of stagnant or flowing water which, in the

1. Subs, by the W.B. Act XXII of 2000, w.e.f. 1.9.2000, for the following : "333. Filling In of pools, etc., which are a nuisance.—(1) If in the opinion of the Chairman-in-Council, — (a) any pool, ditch, tank, well, pond, swamp, quarry, hole, drain, cesspool, water course or any collection of water, or [b) any land on which water may, at any time, accumulate, is or is likely to become a breeding place of mosquitoes or, in any other respect, becomes a nuisance, the Chaimnan-in-Council may by notice require the owner or the person having control thereof, to fill up, cover over, weed or stock with larvicidal fish, drain, or drain offthe same in such manner and with such materials, or to take such steps for removing or abating the nuisance, as the Chairman-in-Council direct, within such period as may be specified in the notice. (2) If a person to whom a notice is issued under sub-secton (1) to fill up, cover over, or drain off a well, delivers to the Chairman within the period specified in the notice for compliance therewith, written objections to such notice, the Chairman shall make further inquiry into the case, and shall not institute any prosecution for failure to complywith such notice. The Chairman may, nevertheless, if he deems the execution of the work called for by such notice to be of urgent importance, cause such well to be securely covered over to prevent breeding of mosquitoes and, in every such case, the Chairman shall determine whether the expenses of any work already done as aforesaid shall be paid by such owner or shall be met out of the Municipal Fund or shall be shared and, if so. In what proportions.". 166 The West Bengal Municipal Act, 1993 [Ss. 333-3^ opinion of the Chairman-in-Council, is, or is likely to toe. a toreeding place for mosquitoes, unless such collection of water is treated in such manner as m Y effectively prevent the breeding of mosquitoes. (3) All borrow pits dug in the course of construction and repairs of building^ roads, or embankments shall be deep and connected with each other in tne formation of a drain directed towards the lowest level and properly sloped for discharge into a river, stream, channel, or drain, and no person shall create any isolated borrow pit which, is likely to cause accumulation of water which again, in turn, may breed mosquito. (4) The owner or occupier of any premises shall not keep therein any bc^e. tyre (old or new), vessel, can, container or receptacle in such manner as may allow it to collect, or to retain, water which may breed mosquito, and shall clean and dry such bottle, tyre (old or new), vessel, can. container or receptacle at the interval of seven days. (5) The owner or occupier of any premises shall wrap the openings of the vent-pipes and the outlets of septic tanks with proper mosquito-proof nets and shall maintain covering slabs of septic tanks to prevent entry and exit of mosquitoes. (6) The owner or occupier of any premises shall seal the overhead tanks, cisterns or water receptacles to prevent mosquito breeding, and shall provide safe ladder for making the overhead tanks or cisterns or water receptacles approachable in order to facilitate inspection of the water in the container by the municipal authorities. (7) For construction of permanent water collections such as swimming pools, artificial fountains, or water reservoirs constructed for the purpose of beautification,— (a) an application shall be submitted to the Municipality, stating therein the anti-larval measures, which shall be taken by the applicant to keep the water free of mosquito larvae; {b) the Board of Councillors, after considering the application, shall Issue a license to the applicant; (c) the applicant shall receive the said license on payment of such fee as may be determined by the Board of Councillors, and the license shall be renewed annually. (8) The owner or the occupier of any private pond or water reservoir shall keep such pond or water reservoir free from water hyacinth )r allied weeds to prevent mosquito breeding. (9) If any person contravenes any provision of this section orfails to with any requirement under this section, he shall be punished with fine which may extend to one thousand rupees, and a daily fine of fifty rupees in the case of continuance ofsuch contravention commences from the day on which sue contravention is brought to the notice of such person by the municipal authonty.j

334. Regulation or prohibition of certain practices reiating to cuitivation.—The Board of Councillors, on the report of the Director ofHea Services or the Chief Medical Officer ofHealth ofthe district or upon any expe opinion that the cultivation or practices relating to the cultivation of Ss. 334-339] The West Bengal Municipal Act, 1993 167 description of crop or the use of any kind of pesticide or manure or the irrigation of any land in any place within the limits of the municipal area is injurious to the public health, may, with the previous sanction of the State Government, by public notice regulate or ^jrohibit the cultivation or any practice relating to cultivation, or use of any pesticide or manure or irrigation so reported to be injurious.

335. Cleansing of insanitary private tank or well used for drinking purposes.—(1) The Chairman-in-Council may by notice require the owner of, or the person having control over, any private water course, spring, tank, well or other place, the water of which is used for drinking, bathing, or washing purposes, to keep the same in good repair and to cleanse it of silt, refuse or vegetation and to protect it from pollution by surface drainage in such manner as the Chairman-in-Council may think fit. (2) If the water of any place which is used for drinking, bathing or washing purposes, as the case may be, is proved to the satisfaction of the Chairman- in-Council to be unfit for any such purpose, the Chairman-in-Council may by notice require the owner or the person having control thereof — (a) to refrain from using, or permitting the use of, such water, or (b) to close or fill up such place or enclose it with a substantial wall or fence.

336. Duty of the Chairman-in-Council in respect of public well or receptacle of stagnant water.—(1) The Chairman-in-Council shall maintain in a clean condition all wells, tanks and reservoirs which are not private property and may fill them up or drain them wjien it appears necessary so to do. (2) All wells, tanks and reservoirs as aforesaid, when maintained by the Municipality, shall be open to use and enjoyment by all members of the public.

337. Prohibition against, or regulation of, washing animals or clothes or fishing in public water courses, tanks, etc.—The Chairman-in-Council may, in the interest of public health, regulate or prohibit the washing of animals, clothes or other things or fishing in any public spring, tank, well, public water course or part thereof within the municipal area and may set apart any such place for drinking or bathing or washing clothes or animals or for any other specified purpose.

338. Provision of public toilets and wash-houses.—(1) The Board of Councillors may construct or provide and maintain public toilets and wash- houses or places for bathing or washing of clothes, and may require the payment of such rents, and fees for the use of any such toilet, wash-house or place as it may determine. (2) The Board of Councillors may farm out the collection of such rents and fees for any period, not exceeding three years at a time, on such terms and conditions as it may think fit.

339. Provision against washing by washermen at unauthorised places.—(1) The Chairman-in-Council mey by public notice prohibit the washing of clothes by washermen in pursuance of their calling, within the municipal area except at— (a) public wash-houses or places maintained or provided for the purpose, or "•68 The West Bengal Municipal Act, 1993 [Ss. 339-342 {b) such other places as the Chairman-in-Council may appoint for th© purpose, if sufficient number of public wash-houses are not maintained or provided. (2) When any such prohibition has been made, no person who is by calling a washerman shall, in contravention of such prohibition, wash clothes, except for himself or for personal and family service or for hire on and within the premises of the hirer, at any place within the limits of the municipal area other than a public wash-house or place maintained or appointed under this Act

340. ''[Prohibition against defiling ofwater of public and private tanks and uses, andthrowing of plastic inthe public streets and tanks, whether private or public.]—No person shall— (a) bathe in, or in any manner defile, water in any place set apart by.the Municipality or by the owner thereof for drinking only; or (b) deposit any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purpose; or (c) wash clothes in any place set apart as aforesaid for drinking or bathing purpose; or (d ) wash any animal or any cooking utensils or wool, skins or other foul or offensive substance or deposit any offensive or deleterious matter In any place set apart as aforesaid for bathing purpose or washing clothes; or (e) cause or suffer to drain into or upon any place set apart as aforesaid for drinking, or bathing purpose or washing clothes or cause or suffer anything to be brought thereinto or do anything whereby the water 2 ^6 fouled 2[or corrupted; orl [(f) use, sale and distribute plastic within the municipal area or throw plastic in the public streets and tanks, whether private or public and ^ defile water of public and private tanks.] l^or the purpose of this section "plastic" means virgin and recycled Sian ^ ^''y materials made of plastic of size less and less than 20 microns in thickness.] flh ^h' buildings or iands.—If any building or land, by reason of th disputed ownership or other cause, remains unoccupied, and 8 resort becomes the Chairman-in-Council, ofidle anda disorderly nuisance, persons or if, in the opinion the Chairman-in-Council of may, after due inquiry by notice, require the owner or the person claiming to be the owner to secure, enclose, clear or cleanse the same.

342. Abatement of overcrowding in dweliing house or dwelling place.—(1) If it appears to the Chairman-in-Council that any dwelling-house or

1. Subs, bys. 16(1) oftheW.B. Municipal (Amendment) Act, 2006, (W.B. ActXXII of 20(^), w.e.f. 1.10.2006, for thewords "Prohibition against defiling water of tanks etc., whether public or private.".

2. Subs, by s. 16(2) ibid, w.e.f. 1.10.2006, for the words "or corrupted".

3. Ins. by s. 16(3) ibid, w.e.f. 1.10.2006.

4. Ins. by s. 16(4) ibid, w.e.f. 1.10.2006. Ss. 342-345] The West Bengal Municipal Act, 1993 169 Other building, which is used as a dwelling-place, or any room In such dwelling- house or building, is generally so overcrowded as endangers the health or safety of the inmates thereof, it may, by a written notice, require the owner or the occupier of the building or the room to abate such overcrowding by reducing the number of lodgers, occupants or other inmates of the building or room within such time, not exceeding four weeks, as may be specified in the notice, or may pass such order as it may deem just and proper. (2) The Chairman-in-Council may, by written order, declare the extent of surface or cubic space which shall be deemed, for the purposes of sub-section (1), to be necessary for each occupant of a building or room. (3) It shall be incumbent on every tenant, lodger or other inmate of a building or room to abate overcrowding or vacate, on being required by the owner so to do, in pursuance of any notice issued under sub-section (1). (4) Nothing in this section shall apply to overcrowding of a casual nature or on a festive occasion.

343. Prohibition against feeding certain animals on filth.—No person shall feed any animal, or permit any animal, which is kept for dairy purpose or may be used for food, to be fed, on filth.

344. Premises not to be used for keeping animals, birds, etc., without licence.—No person shall use, or permit to be used, any land or premises for keeping cattle, horse, pig, dog, or other quadruped animal or any kind of bird for^any purpose whatsoever without, or otherwise than in conformity with, the terms of a licence granted by the Board of Councillors on payment of such fees as may be determined by the Board of Councillors by regulations: Provided that the Board of Councillors may, by a written order, exempt any class of animal or bird from such licence or from any purpose for which such class of animal or bird may be kept.

345. Seizure of certain animals or birds.—(1) If any cattle, horse, pig, dog, or other four-footed animal or bird is kept on any land or premises in contravention of the provisions of this Chapter or is found roaming or straying or tethered on any street or public place or is found causing nuisance or danger to the public, the Chairman may direct any officer or employee of the Municipality to seize such cattle, horse, pig, dog or other four-footed animal or bird and may cause it to be impounded or removed to and maintained in such place as may be appointed by the Municipality for this purpose; and the cost of such seizure and impounding or removing and maintenance shall be recoverable by sale of such animal or bird, as the case may be, by auction : Provided that any person claiming such animal or bird may, within seven days of such seizure, get it released on his paying all the expenses incurred by the Municipality in seizing, impounding or removing, or maintaining such animal or bird and on his producing such evidence in support of his claim as the Chairman may think sufficient. (2) The proceeds of sale of any animal or bird by auction under sub-section (1) shall be applied in meeting the expenses incurred on account of seizure, impounding or removal and maintenance of such animal or bird and of holding The West Bengal Municipal Act, 1993 [Ss. 345-349 such sale„and the surplus, if any, shall be held in deposit by the Chairmsn 3^^ shall, if not claimed by the owner ofsuch animal or bird within a period of ninsiy days from the date of sale, be credited to the Municipal Fund.

346. Power todeal with infected dogs or animals.—The Chairman may— (a) cause to be destroyed, or to be confined for such period as he m^ direct, any dog or other animal which is, or is reasonably suspec to be, suffering from rabies, orwhich has been bitten by any dog o other animal suffering or suspected to be suffering from rabies, (b) by public notice direct that after such date as may be specified in e notice, dogs which are without a licence distinguishing them as private property and are found straying on the streets or beyond the enc osures of the houses of their owners, if any, may beconfined an to be otherwise dealt with or destroyed, if necessary- Whenevpr^mf nuisances from animals within premises.—(1) anv animal nr opinion that the user of any premises for keeping nuisance shniiiH • licensed, is causing a nuisance and that such the owner or the be stopped, the Chairman may, by order, require period as max# h such premises to stop such nuisance within such (2) If tth ^specified in the order. or any other e^such period, the nuisance is not stopped, the Chairman premises to be J ^"^^^' 'sed by him in this behalf may cause such use of such such owner or or — forthwith by such means as he thinks fit and direct or the bird, as cause why the licence for keeping the animal (3) If g ® may be, shall not be cancelled. the Chairman or occupier does not show cause to the satisfaction by the seizure anrt ."'Jisance is not abated, the nuisance shall be stopped cancellation of th f of the animal or the bird found in the premises after M8. Cont«,, ^ Other law for •'©nioval of Khafa/s.—Subject to the provisions of any Councillors max# councillors mav ®^®'ng in force fo''^® for removal of khatals, khatais, the uie Board ooaiu w.of municipal * area regulations .. ^ or r6nrxr\».-i specifically . . . .. * for control of khatals within the mox# nrnx/ine 5izure of animals7 ®®ring of cattle within or outside the municipal are

349. Power t ^'^^tfon of regulations and penalty for offenders. latrines etc repair, alteration, removal or conversion of owner or the occun- Chalrman-in-Council may require, by written notice, the within such period '®rid or building to comply with any of the following (a) to clos specified in the notice order a^nJrepair, cleanse, disinfect or otherwise put to ofhpr type omer tx#ry^^®®®P®ol. Of latrine;drain, receptacle for sewage, septic tank or any 0' SQU're such cesspool, drain, receptacle for sewage, septic tank or other type of latrine to be provided for any land or building, whethof or not, in addition to the existing ones; Ss. 349-354] The West Bengal Municipal Act, 1993 171 (c) to cause any service privy or urinal in any land or building to be converted into or replaced by sanitary latrine of specified design, model or standard; (d) to provide specified devices to the existing cesspool, drain, receptacle for sewage, septic tank or latrine to abate the mosquito menace. (2) Upon the issue of notice under sub-section (1), it shall be incumbent upon every owner or occupier to comply with the same within the period specified in the notice. (3) On the failure of the owner or the occupier to comply with the notice, the Chairman-in-Council may cause the work to be done and recover the expenses thereof from the owner or the occupier of the land or the building or from both in such proportions as it may deem reasonable.

350. Power to abate nuisances caused by poliution^.—Subject to the provisions of this Act and of any other law for the time being in force, the Board of Councillors may take measures for abatement of any nuisance caused by the pollution of noise, foul odour, visual irritation, sensory annoyance, respiratory affection or the like in such cases and manners, and by fixing such standards, as may be prescribed. CHAPTER XXII Restraint of infection

351. Board of Councillors to take measures for prevention and checking of dangerous diseases.—It shall be the duty of the Board of Councillors to take such measures as are necessary for preventing or checking the spread of any dangerous disease in the municipal area or of any epidemic disease among any animal therein by way of mass inoculation, vaccination, immunisation, and disinfection.

362. Obligation to give information of dangerous disease.—^Any person being in charge of, or in attendance upon, whether as a medical practitioner or otherwise, any other person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering, shall forthwith give information as respects the existence of such disease to the Chairman.

353. Power of Chairman to cause inspection of a place and take measures to prevent spread of dangerous disease.—The Chairman may at any time, by day or by night and without notice or after giving such notice of his intention as shall, in the circumstances, appear to him to be reasonable, cause inspection of any place in which any dangerous disease is reported or suspected to exist, and take such measures as he may think fit to prevent the spread of such disease beyond such place, and shall forthwith submit a report to the State Government.

354. Power of Chairman to cause disinfection of building, tank, pool or well.—(1) If the Chairman is of opinion that the cleansing or disinfection of any building or any part thereof or of any article in such building or part thereof will tend to prevent or check the spread of any dangerous disease, he may by >^72 The West Bengal Municipal Act, 1993 [Ss. 354-357 notice require the owner or the occupier to cleanse and disinfect such building or part thereof or of any article therein in such manner and within such time as may be specified in the notice. (2) The Chairman may. if he thinks fit, cause such cleansing or disinfection to be done by the employees of the Municipality and may by notice require the occupier of such building or part thereof to vacate the same for such time as he may specify in the notice. (3) The cost of cleansing or disinfecting under sub-section (2) shall be paid,— (a) in the case of any building or any part thereof or any article contained therein, by the occupier of such building or part thereof, and (£>) in any other case, by the person in actual possession thereof or, if there is no such person, by the owner: Provided that if, in the opinion of the Chairman, such occupier or person or owner is, owing to poverty, unable to pay the cost, he may direct the payment thereof to be made from the Municipal Fund.

355. Power of Chairman to destroy infectious buildings, structures, huts or sheds.—(1) Where the destruction of any building, structure, hut or shed is, in the opinion of the Chairman-in-Council, necessary to prevent the spread of any dangerous disease, it may by notice in writing require the owner to destroy the building, structure, hut or shed and the materials thereof within such time as may be specified in the notice. (2) Where the Chairman-in-Council is satisfied that the destruction of any building, structure, hut or shed is immediately necessary for the purpose of preventing the spread ofanydangerous disease, he may order the owner or the occupier thereof to destroy the same forthwith or may cause it to be destroyed after giving not less than six hours' notice to the owner or the occupier, as the case may be. (3) Compensation may be paid by the Board of Councillors, in such case as it may think fit, to any person who sustains substantial loss by the destruction of any such building, structure, hut or shed, but, except otherwise provided in this sub-section, no claim for compensation shall lie for any loss or damage caused by the exercise of any power under this section.

356. Power of Chairman to close lodging and eating houses.—^The Chairman may, on being satisfied that it is in the public interest so to do, by written order direct that any lodging house or any place where articles of food and drink are sold, prepared, stored or exposed for sale, being a lodging house shallNbe closed whichfora case such ofperiod dangerous as maydisease exists orin has be specified the recently order: occurred, Provided that such lodging house or place may be declared to be open if the Chief Medical Officer of Health of the district certifies that it has been disinfected or is free from infection.

357. Power of Chairman to restrict or prohibit sale of fish, flesh, food, drink, articles, etc.—^When the municipal area or any part thereof is visited or threatened by an outbreak of any dangerous disease, the Chairman may, by Ss. 357-360] The West Bengal Municipal Act. 1993 173 public notice, restrict in such manner, or prohibit or such period, as may be specified in the notice, the sale or preparation of any article of food or drink c drug for human consumption, or the sale of any fish, flesh, fruit or vegetable of any description, or the use of any container or packages, as may be specified in the notice.

358. Control over well and tanks, etc.—If the Chairman is of opinion that the water in any tank or other place is likely to endanger human life or cause the spread of any disease, he may— (a) by public notice prohibit the use of such water for consumption; or (b) by notice in writing require the owner or the person having control of such well, tank or place to take such steps as may be directed oy the notice to prevent the public from having access to, or from using, such water; or (c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.

359. Special measures in case of outbreak of dangerous or epidemic diseases.—(1) In the case of any municipal area or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Chairman, if he thinks that the other provisions of this Act and the provisions of any other lawfor the time being in force are insufficient for the purpose, may, with the previous approval of the Board of Councillors, — (a) take such special measures, which may extend to destruction of the sources of infection like foodstuff, drugs, drinks, flesh, fish, fruits, vegetables, articles, containers, packages, or clothing, as may be necessary, and (b) by public notice, give such directions to be observed by the public or by any class or section of the public as he thinks necessary, to prevent the outbreak or spread of the disease : Provided that where, in the opinion of the Chairman, immediate measures are necessary, he may take action without such approval as aforesaid and, if he does so, shall forthwith report such action to the Board of Councillors: Provided further that no compensation shall be claimed by any one affected by the measures taken under clause (a). (2) No person shall commit a breach of any direction given under sub section (1) and if he does so, he shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860).

360. Disposal of infectious corpses.—Where any person dies from any dangerous disease, the Chairman may, by notice in writing, — (a) require any person having charge of the corpse to carry the same to mortuary for being disposed of in accordance with law, or (b) prohibit the removal of the corpse from the place where death occurred, except for the purpose of being burnt or buried or being carried to a mortuary. 174 The West Bengal Municipal Act. 1993 [Ss. 3.61-364

361. Prohibition of making or selling of food etc. or washing of clothes by infected persons.—No person shall, while suffering from, or In circumstances in which he is likely to spread, any dangerous disease,— (a) make, carry or offer for sale, or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption or any article of clothing or bedding for personal use or wear, or {b) take any part in the business of washing or carrying of clothes.

362. Duty of persons sufferinq from dangerous disease.—No person shall.— (a) knowing that he is suffering from a dangerous disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place; ib) having the care of a person who he knows to be suffering from a dangerous disease, cause or permit such person to expose other persons to the risk of infection by his presence or conduct in any street or place as aforesaid; (^) place or cause to be placed in a dustbin or other receptacle for the eposit ofrubbish, any matter which he knows to have been exposed o infection from a dangerous disease and which has not been aisinfected properly; wh^^ ich he cause to be knows to havethrown been into anytolatrine exposed or from infection urinala any matter dangerous isease and which has not been disinfected properly. CHAPTER XXIll Vital Statistics Regist*rahon'^of^R°" births and deaths.—-Subject to the provisions of the Councillors the shall municipal Deaths Act. V^Q'stration 1969and of] births (18deaths of 1969), takingtheplace Board withinof supplied, on ao^'i^^ .[***1and extracts of information therefrom shall be foes as mav ho ^ certificate and on payment of such 364 f i^®termined by regulations]. —It shall be the duty of the father or the mother mother, of anv y^'^hin the municipal area or, in default of the father or the such relation onh same premises or, in default of or her knowleda9® and belief having charge of the childintoagive, to the officer empowered to the area municipal best inofthis his wherein the' ^11 of 2000, w.e.f. 1.9.2000 for "a register to be maintained

2. Words "shall be entered" omitted by ibid, w.e.f. 1.9.2000.

3. Subs, by ibid, w.e.f, 1,9,2000 for "prescribed". Ss. 364-366] The West Bengal Municipal Act. 1993 175 behalf, within [twenty-one days] of such birth, information containing such particulars as may be ^[required under the Registration of Births and Deaths Act, 1969:] Provided that — (a) in the case of an illegitimate child, no person shall, as father of such child, tie required to give any information under this Act containing the particulars of birth of such child, and the officer empowered under this section shall not enter in the register the name of any person as father of such child except at the joint request of the mother and of the person acknowledging himself to be the father of such child; and such person shall, in such case, sign the register together with the mother: <b) a person required to give information only in default of some other person shall not be bound to give such information if he believed and had reasonable grounds for believing that such information had been given; (c) when a child is born in a hospital or a nursing home or a maternity home, none but the officer-in-charge thereof shall be bound to forward forthwith to the officer empowered under this section a report of such birth in such time and in such form as may, from time to time, be specified by the State Government.

365. Information respecting finding of new-born child.—In case any new-born child is found exposed, it shall be the duty of any person finding such child or of any person in whose charge such child may be placed to give, to the best of his knowledge and belief, to the officer empowered under section 364, within ^[twenty-one days] of finding of such child, such information containing the particulars of birth of such child as such person possesses.

366. Information' regarding death.—It shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying within the municipal area and, in default of such relation, of any person present or In attendance at the time of the death and of the occupier of the premises in which, to his knowledge, the death took place and, in default of the person hereinbefore mentioned, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of to give "^[within twenty-one days from the date of its occurrence and] to the best of his knowledge and belief, to the officer specially empowered in this behalf for the area within which the death took place, information containing such particulars ^[as may be required under the Registration of Births and Deaths Act, 1969 ]

1. Subs, by the W.B. Act XXII of 2000. w.e.f. 1.9.2000 for "eight days".

2. Subs, by ibid, w.e.f. 1.9.2000 for "prescribed".

3. Subs, by ibid, w.e.f. 1.9.2000 for "eight days".

4. Ins. by the W.B. Act XXII of 2000 w.e.f. 1.9.2000.

5. Subs, by ibid, w.e.f. 1.9.2000 for "as may be prescribed within twenty-four hours of its occurrence". 176 The West Bengal Municipal Act, 1993 [Ss. 366-370 Provided that— (a) if the cause of death is known to be a dangerous disease, the information as aforesaid shall be given within twelve hours of its occurrence: (b) if the death of any person occurs in a hospital or a nursing home or a maternity home, it shall be the duty of none but the medical officer or other officer-in-charge thereof to forward forthwith a report of such death in such form as may, from time to time, be specified by the State Government.

367. Medical practitioner to certify cause of death.—In the case of a person who had been attended in his last illness by a duly qualified medical practitioner, such practitioner shall, within three days of his becoming cognizant of the death of such person, sign and forward to the officer specially empowered in this behalf a certificate of the cause of death of such person in such form as may, from time to time, be specified by the State Government, and the cause of death as stated in such certificate shall be entered in the register together with the name of the certifying medical practitioner.

368. Duties of police in regard to unclaimed corpses.—It shall be the duty of the police to convey every unclaimed corpse to a registered burial or burning ground or other place for disposal of the dead or to a duly appointed mortuary and to inform thereafter the officer specially empowered in this behalf within .whose jurisdiction such corpse was found.

369. Sextons, etc., not to bury, etc., corpse.—No sexton or keeper of a registered burial or burning ground or other place for disposal of the dead, whether situated within the municipal area or not, shall bury, burn or otherwise dispose of or allow to be buried, burnt or otherwise dispose of any corpse, unless such corpse is accompanied by a certificate in such form as may be prescribed and signed by an officer specially empowered in this behalf or by a registered medical practitioner or any other medical practitioner authorised by the State Government in this behalf. CHAPTER XXIV Disposal of the Dead

370. Registration of places for disposal of the dead.—(1) Every owner or person having the control of any place already used for burying, burning or otherwise disposing of the dead, but which is not vested in, or owned by, the Municipality or any board appointed by the State Government for administration of such place, shall apply to the Board of Councillors within a period of three months from the commencement ofthis Act to register the name ofsuch place and the Board of Councillors shall cause the same to be registered. (2) Such application shall be accompanied by a plan of the place to be registered, showing the locality, boundaries and extent of the same, and shall bear the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor. The application shall also contain information as regards the name of the owner or the person or the community Ss. 370-373] The West Bengal Municipal Act. 1993 177 interested therein, the system of management and such further particulars as the Board of Councillors may require. (3) The Board of Councillors may, on receipt of such application and plan, register the name of the place as aforesaid in a register which shall be maintained for such registration. (4) If the Board of Councillors is not satisfied with the plan or the information or the other particulars referred to in sub-section (2), it may refuse or postpone registration 4jntil such plan or information or other particulars are furnished to its satisfaction. (5) Every place vesting in the Municipality or a Board appointed by the State Government for administration of any place used for burying, burning or otherwise disposing of the dead shall be registered in the register maintained under sub-section (3) and shall be classified as public or private, and a plan showing the locality, extent and boundaries thereof and bearing the signature of an officer authorised by the Board of Councillors in this behalf shall be deposited in the office of the Municipality.

371. Provision for, and registration of, new places for disposal of the dead.—(1) If any existing place for the disposal of the dead appears, at any time, to be insufficient, the Board of Councillors shall, with the sanction of the State Government, provide other fit and convenient place, either within or outside the municipal area, for the said purpose, and shall cause the same to be registered under the provisions of this Chapter. (2) All the provisions of this Act or the rules or the regulations made thereunder shall apply to any place pravided under sub-section (1) outside the municipal area and vesting in the Municipality, as if such place were situated within the municipal area.

372. Permission for opening new place for disposal of the dead or reopening of place.—(1) No place, which has not previously been lawfully used or registered as a place for the disposal of the dead, shall be opened by any person for the said purpose except in conformity with the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act XIII of 1979), and without the written permission of the Board of Councillors who, with the approval of the State Government, may grant or withhold such permission. (2) Such permission may be subject to such conditions as the Board of Councillors may think fit to impose for the purpose of preventing any annoyance to, or danger to the health of, any person residing in the neighbourhood. (3) No place for the disposal of the dead, which has fallen into disuse, shall be used again as such.

373. Power to require closing of burning and burial grounds.—(1) Where the Board of Councillors, after making, or causing to be made, any local enquiry, is of opinion that any burning or burial ground or other place for the disposal of the dead has become offensive to, or dangerous to the health of, persons residing in the neighbourhood or for any other reasons to be recorded in writing, it may, with the previous approval of the State Government and by •178 Ti,. The West. Bengal - Municipal Act, 1993 [Ss. 373-376i t place to close^thp^^^' ^^ owner or the person in charge of such ground or date as may be specified in the notice., burningthisor section under buriarq^rounri' ^ buried orwhich otherwise a noticedisposed has beenof issued at t^ the dead. if P'ace closed for the disposal of opinion that anv nlar^ r ^ inspection, the Board of Councillors is of been closed under nf 'Jsed for the disposal of the dead, which has authority, has, by lanis^ P'"ovisions of this Chapter or under any other law or without inconvenienc ^ longer injurious to health and may. may direct that such^ danger, be again used for the said purpose, it

375. Prohibitio ^ reopened for the disposal of the dead, exhumation.—''®garding burials within places of worship and of Councillors unrior° shall, without the written permission of the Board (a\ ^ . S"b-section (2) — (a) Tiakeanvvaiiif pass grave or interment within any wall, or underneath Worship- portico, plinth or verandah, of any place of (b) make which or otherwise dispose of any corpse in any place build or di (^) uuiia bnder the provisions of this Chapter; dispos to be built or dug, any grave orvault, or In any ^^y PiacA ^f^y place wh- suffer ^urrer or permit to be disposed of, of,«any corpse at (d) exhume registered under this Chapter; unriftr fu-'^^dy under the n • from any place for the place for the disposal disposal of of the the dead dead except excepi ^974), or g of the Code of Criminal Procedure, 1973 (j2 of (2) The Board being In force. any of the purposes°a may. In special cases, grant permission for the State Government^ ^toresald, subject to such general or special orders as (3) Any contrave make In this behalf. to be a cognizable ^f?provisions of sub-section (I) shall be deemed Procedure, 1973. °'®nce within the meaning of the Code of Criminal

376. Acts prohibiteri shall— 'b connection with disposal of dead.—No person (a) retain acorpse lawfully disD premises without burning, burying or otherwise creates a the same for so long a time after death as nuisance; hours from^th expiration of not less than twenty-four with thp flctsicf ^by Person, the Board of Councillors may, surh nprcion tn poWce, If necessary, cause the corpse of ehoii be shall K« disposed '^"•'bt of. soorfarburled. as mayIn every such case be possible, in the corpse a manner onsistent with the religious tenets, if any, of the deceased : Provided further that the Board of Councillors may charge from, the person or persons responsible for the disposal of the dead body such fees as may be determined by regulations; Ss. 376-377] The West Bengal Municipal Act. 1993 179 {b) carry a corpse or part of a corpse along any street without having the same decently covered or without taking such precautions to prevent risk of infection or injury to community health as the Board of Councillors may, by public notice from time to time, require; '(c) carry a corpse or part of a corpse along any street along which the carrying of corpse is prohibited by a public notice issued by the Board of Councillors in this behalf, except when no other route is available; (d) remove a corpse or part of a corpse, which has been kept or used for purpose of dissection, otherwise than in a closed receptacle or vehicle; (e) place or leave a corpse or part of a corpse, while conveying the same, on or near any street without urgent necessity; (f) bury or cause to be buried any corpse or part of a corpse in a grave or vault or otherwise in such manner as may cause the surface of the coffin or, when no coffin is used, of the corpse or part of the corpse to be at a depth of less than two metres from the surface of the ground; (g) build or dig, or cause to be built or dug, any grave or vault in any burial ground at a distance of less than one half of a metre from the margin of any other grave or vault; {h) build or dig, or cause to be built or dug, a vault in any burial ground in any line not marked out for such purpose by or under th^ order of the Board of Councillors; (/) reopen, for the interment of a corpse or of any part of a corpse, a grave or vault already occupied without the written permission of the Board of Councillors.

377. Disposal of dead animals.—(1) Whenever any animal in charge of any person dies, the person in charge thereof shall, within twenty-four hours, either— (a) convey the carcass to a place provided or appointed under this Act for the final disposal of carcasses of dead animals, or (b) give notice of the death to the Chairman whereupon he shall cause the carcass to be disposed of. (2) The Board of Councillors may charge such fees as may be determined by regulations for the disposal of the carcass of a dead animal under clause (b) of sub-section (1). PART IX OTHER AUTHORITIES CHAPTER XXV Notified Area irrovprnnrT^^nc*^^ notified area.—(1) Whenever, in the opinion of the of this Act in respect S- a" oi" ""y °f Purposes which does not fulfil the conditions for being (ii) anv arpa^ ^ niunicipal area under this Act, or (Hi) anv araa 'h- ^^n^P^sed in a newly developing town, or the ^rGovernLl mau industries have been or are being established, intention so to do. ^ "ot'^'cation, specify such area and declare 2[his] publiSed"undefsub-se^^^^^^ provision as aforesaid submU i ^notification has been within 3[thirty days] from th^dm^^ k? G°v®rnment The irnnwirn« 1 publication of the notification. by 2[his] during the period rLI-red objections, if any, received (a) Withdrawing the n S < 2 ) , make an order- (b) constitiitinn th under sub-section (1), or as anotified are^J notification or any part thereof (4) The irGovernorl m k Purposes of this Chapter. 2[his] intention so to do folb^^n declaration by notification of received within ^rthirtv Hawow ^ ®consideration of any objection thereto new areas to a notiflPH aJ publication of the notification, add ®[379. Applicatinn r»f ^ ^pustituted under this section. Area Authority].—Notwithcl^^^i^'®"® to Municipality to ^[Notified standing anything contained elsewhere in this Act or "1. Subs, by the W.B. Act xvy dnr...

2. Subs, by ibid wef 1-^7 13-7.1994 for "State Government".

3. Subs. bys. 3il) of the WR ® . 2015), w.e.f. 182Gl'i tn „.^"riicjpal (Third Amendment) Act, 2015, (W.B. Act XIX of

4. Subs, by s. 3(2), Jd

5. Subs, by the WB Act )<yy I d "three months". "379. Power "to 13.7.1994 for the following : area.—(1) The State Govpmrn^"?^*'"®"*® constitute authority In, notified (a) extend to a notified published in the Official Gazette,— the State Govern incidental orconsequ jntial modifications as of this Chapter—consider necessary for giving effect to the provisions nn anv mlT'nr^"^ which applies to a Municipality, or (b) aoDoint fora ^"7 Municipal area; and mnro than nines ' ®committee conslstlng of not less than five and not n. ♦ oil nr anv known as the Notified Area Authority, to carry ( ) TK e c ae t rnlr"^®nt shall appoint^hisaChairman Chapter. and may also appoint aVice- Chaiirnan from amongst the members of a Notified Area Authority referred to in clause (b) of sub-section (1). . Subs, by the W.B. Act XIII of 1995, w.r.e.f. 13,7.1994 for "notified area". 180 182 The West Bengal Municipal Act, 1993 [Ss. 382-385 (2) When a part of a notified area is constituted to be, or is included in, a municipal area,-such part shall be deemed to have been excluded from such notified area, and so much of the properties, funds and other assets vested in, and such of the rights and liabilities of, the Notified Area Authority, as may be allocated by the State Government by order in this behalf, shall vest in, and shall devolve on, the Municipality. 1[383. * * *]

384. Special provision relating to non-municipal urban area.—(1) Whenever, in the opinion of the State Government, it becomes necessary to make provisions for regulation of urban growth in any non-municipal urban area, identified as such in the latest Census Report, the State Government may, by notification, entrust a Gram Panchayat or a Panchayat Samiti, as the case may be, constituted under the West Bengal Panchayat Act, 1973 (West Ben. Act XLI of 1973), with powers and duties to enforce all or any of the provisions of this Act or the rules made thereunder on matters relating to— (a) building regulations, {b) street alignment, (c) conversion of land or building from one use to another, and {d) public safety and nuisance. (2) The exercise of any power or discharge of any duty entrusted on a Gram Panchayat or a Panchayat Samiti under sub-section (1) shall; notwithstanding anything contained in the West Bengal Panchayat Act, 1973, be deemed to be the performance of the functions assigned to the Gram Panchayat or the Panchayat Samiti, as the case may be, in respect of the matter referred to In clause (o) of sub-section (1) of section 20, or item (ii) of clause (a) of sub section (1) of section 109, as the case may be, of that Act. .

385. Power to make rules.--(l) The State Government may, by notification, make rules for carrying out the purposes of this 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, namely : 2[(a)*** {b)*** (c) ***] (d) the manner in which powers and duties are to be exercised by a Gram Panchayat or a Panchayat Sam/f/with regard to non-municipal urban areas.

1. S. 383 omitted by the W.B. Act XXX of 1994, w.e.f. 13.7.1994, v iiich earlier stood as follows: "383. Officers and other employees.—^A Notified Area Authority may, subject to the approval of the State Government appoint such officer and other employees as may be necessary for the purpose of giving effect to the provisions of this Chapter.".

2. Omitted by ibid, s. 25, w.e.f. 13.7.1994 which stood as under: "(a) the qualifications for appointment of members of a Notified Area Authority and the manner of filling casual vacancies in the office of such members; (b) the term of office of the Chairman, and the other members, the Vice-Chairman of a Notified Area Authority; (c) any other matter relating to the constitution and functions of a Notified Area Authority". Ss. 385A-385B] The West Bengal Municipal Act, 1993 183 1[CHAPTER XXVA Industrial Township

385A. Constitution of industrial township.—(1) Whenever, in the opinion of the Governor, it is necessary to make provisions for all or any of the purposes of this Act in respect of any area in which industries have been or are being established, the Governor may, by notification, specify such area to be an industrial township and declare his intention so to do. (2) Any inhabitant of the area in respect of which a notification has been published under sub-section (1) may, if he objects to the making of any provision as aforesaid, submit his objection in writing to the Governor within ^[thirty days] from the date of publication of the notification. (3) The Governor may, after considering the objection, if any, received by him during the period referred to in sub-section (2), make an order— (a) withdrawing the notification under sub-section (1), or (b) constituting the area specified in the notification or in part thereof as an industrial township for the purposes of this Chapter. (4) The Governor may, by order made after declaration by notification of his intention so to do followed by the consideration of any objection thereto received within ^[thirty days] from the date of publication of the notification, add new areas to an industrial township constituted under the section. (5) Where the area in question has already been declared as a notified area under the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), or under this Act, it shall not be necessary to issue any notification declaring the intention of the Governor to specify such area as an industrial township before constituting under section 3858 the Industrial Township (Authority) or to invite objections from the inhabitants of the area. In such case, the Governor may, by notification, constitute such area as an industrial township and, upon the publication ofsuch notification, such area shall be deemed to have been duly constituted as an industrial township for the purposes of this Chapter.

385B. Application of the Act and the rules made thereunder. (1) The Governor may, by order to be published in the Official Gazette,— (a) extend to an industrial township with such incidental, and consequential modification as the State Government may consider necessary for giving effect to the provisions of this Chapter (/) any provision of this Act which applies to a Municipality, or (//) any rule or regulation in force in any municipal area; and (b) appoint, for an industrial township, a Committee consisting of not more than 13 and not less than 9 members, to be known as the Industrial Township Authority, to carry out all or any ofthe purposes of this Chapter. (2) The State Government shall appoint a Chairman and may also appoint a Vice-Chairman from among the members ofan Industrial Township Authority

1. Chapter XXVA consisting of sections 385A to 385G was ins. by the W.B. Act XXX of 1994, s. 26, w.e.f. 13.7.1994.

2. Subs, by s. 4(1) of the W.B. Municipal (Third Amendment) Act, 2015, (W.B. Act XIX of 2015), w.e.f. 1.^2015, for "three months".

3. Subs, by s. 4(2), /b/'d, w.e.f. 1.8.2015, for "three months". Ss. 379-382] The West Bengal Municipal Act, 1993 181 in any other law for the time being in force, all the provisions of this Act, except the provisions of section 3, section 4, [section 5, section 6, and section 9,] which apply to a Municipality, shall also apply to a ^[notified area authority].] 3[380. [ * * * ] ^[381. Declaration of notified area as municipal area.—Notwithstanding anything contained in Chapter II or elsewhere in this Act, if, at any time, the Governor is satisfied, having regard to the provisions of section 3, that a notified area may be constituted a municipal area, the Governor may, by notification, declare such notified area to be a municipal area.] 382. ^[Consequences of constitution of notified area to be municipal area].—^®[(1) When the whole of a notified area is declared to be a municipal area under section 381, the Notified Area Authority for the notified area declared to be a municipal area shall be deemed to be the Municipality for such municipal area, and the Board of Councillors constituted after the general election of the said Notified Area Authority shall be deemed to be the Board of Councillors in relation to such Municipality and shall, unless dissolved earlier, hold office for the period of five years from the date appointed for the first meeting after the general election of the said Notified Area Authority and no longer.] ^[(1A)] When the whole of a notified area is constituted to be a municipal area, the notified area shall cease to exist and the properties, funds and other assets vested in the Notified Area Authority and all the rights and liabilities of the Notified Area Authority shall vest in, and shall devolve on, the Municipality.

1. Subs, by the W.B. Act XXII of 2000, w.e.f. 1.9.2000, for "section 5 and section 6°.

2. Ins. by the W.B. Act XIII of 1995, w.r.e.f. 13.7.1994 for "notified area". 3. 8. 380 omitted by the W.B. Act XXX of 1994, w.e.f. 13.7.1994 which earlier stood as follows; "380. Consequences of application of the Act to a notified area.—(1) When any tax is imposed in a notified area under any of the provisions of this Act as extended to such area, the proceeds of such tax shall be expended in the same manner in which, and for the same purposes for which, the Municipal Fund may be expended by a Municipality. (2) When any provision of this Act or the rules or the regulations made thereunder is extended with or without modification to a notified area, such provision or rule or regulation shall, unless a different intention appears, operate as ifthe notified area were a municipal area and the powers and duties of the Chairman-in-Council were vested in the Chairman appointed under sub-section (2) of section 379 and those of the Board of Councillors, in the Notified Area Authority.".

4. Subs, by ibid, w.r.e.f. 13.7.1994 for the following : "381. Abolition or alteration of a notified area.—^The State Government may, at any time and in accordance with the provisions of this Act, by notification (a) constitute a notified area or any part thereof to be a municipal area, or (b) include a notified area or any part thereof within a municipal area.".

5. Subs, by the W.B. Act XIII of 1995," w.r.e.f. 13.7.1994 for "Consequences of abolition or alteration of notified area.".

6. Ins. by ibid, w.r.e.f 13.7.1994.

7. Re-numbered as sub-section (1A) by ibid, w.r.e.f. 13.7.1994. 184 The West Bengal Municipal Act, 1993 [Ss. 385B-385 referred to in clause (b) of sub-section (1). Such Authority shall representatives of such industry as may be supplying municipal service such area, and such representatives shall not be more than three. ^ trial

385C. Consequences of application of the Act to an indue township.—(1) When any tax is imposed in an industrial township under of the provisions of this Act as extended to such township, the proceeds of su tax shall beexpended in the same manner in which, and for the same purpo for which, the Municipal Fund may be expended by a Municipality. • (2) When any provision of this Act or the rules or the regulations thereunder is extended with or without modification to an industrial townsnip. such provision or rule or regulation shall, unless a different intention appear^ operate asif the industrial township were a municipal area and the powers a duties oftheChairman-in-Council were vested in the Chairman appointed sub-section (2) of section 3858 and those of the Board of Councillors, m tne Industrial Township Authority.

385D. Abolition or alteration of an industrial township. The ® Government may, atany time and in accordance with the provisions ofthis by notification,— (a) constitute an industrial township or any part thereof to be a municipal area, or {b) include an industrial township or any part thereof within a municipal area.

385E. Consequences of abolition or alteration of an industrl^ township.—(1) When the whole of an industrial township is constituted to be amunicipal area, the industrial township shall cease to exist and the properti^, funds and other assets vested in the Industrial Township Authority and all the rights and liabilities of the Industrial Township Authority shall vest in, and shall devolve on, the Municipality. (2) When a part of an industrial township isconstituted to be, or is included in, a municipal area, such part shall be deemed to have been excluded from such industrial township, and so much of the properties, funds and other assets ves ed in, and such of the rights and liabilities of, the Industrial Township u ority, as maybe allocated by the State Government by order in this behalf, ^ •P"'cers and devolve on, the Municipality. other employees.—An Industrial Township Authority rnay, subject to the approval of the State Government, appoint such officers and 0 er employees as may be necessary for the purpose of giving effect to the provisions of this Chapter.

385G. Power to make rules.—(1) The State Government may. by f rules for carrying out the purposes of this Chapter. such rules may providewithout h ,'^^'^'^dlar and for allprejudice or any oftothe the following generalitymatters, of the foregoing namely power, (a) the qualifications for appointment of members of an Industrial Township Authority and the manner of filling casual vacancies in the office of such members; {b) the term ofoffice of the Chairman, the Vice-Chairman, and the other members, of an Industrial Township Authority; (c) any other matter relating to the constitution and functions of an Industrial Township Authority.] PART X POWERS, PROCEDURES, PENALTIES AND SAVINGS CHAPTER XXVI Procedure A. Licences and written permissions

386. Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions.—(1) Wherever it is provided in this Act or the rules or the regulations made thereunder that a licence or a written permission shall be issued by the Board of Councillors or by any other officer empowered to grant the same under this Act or the rules or the regulations made thereunder or by any other officer of the Municipality authorised by the Board of Councillors or the officer empowered as aforesaid in this behalf, the same shall specify, in addition to any other matter required to be specified under any other provision of this Act or the rules or the regulations made thereunder,— (a) the date of the grant thereof; (b) the purpose and the period (if any) for which it is granted; (c) the restrictions or conditions, if any, subject to which it is granted; (d) the name and address of the person to whom it is granted; and (e) the fee, if any, paid for the licence or the written permission. (2) Except as otherwise provided in this Act or the rules or the regulations made thereunder, for every licence or written permission as aforesaid, a fee may be charged at such rate as may, from time to time, be fixed by the Board of Councillors, and such fee shall be payable by the person to whom the licence or the written permission is granted. (3) Save as otherwise provided in this Act or the rules or the regulations made thereunder, any licence or written permission granted under this Act or the rules or the regulations made thereunder may. at any time, be suspended or revoked by the Board of Councillors or the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud, or if any of its restrictions has been infringed or evaded by the grantee, or ifthe grantee has been convicted for the contravention of any of the provisions of this Act or the rules or the regulations made thereunder relating to any matter for which the licence or the permission was granted : Provided that— (a) before making any order of suspension or revocation of the licence or the written permission, a reasonable opportunity shall be accorded to the grantee to show cause why it should not be suspended or revoked; (b) every such order shall contain a brief statement of the reasons for the suspension or the revocation of the licence or the written permission. (4) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee 185 186 The West Bengal Municipal Act. 1993 [Ss. 386-389 shall, for the purposes of this Act or the rules or the regulations made thereunder, be deemed to be without a licence or written permission until the licence or the written permission is renewed. (5) Every grantee of any licence or written permission under this Act shall, at all reasonable times while such licence or written permission remains in force, ifso required by the Board of Councillors or by the officer by whom it was granted, produce such licence or written permission. B. Entry and inspection

387. Powers of entry and inspection.—The Board of Councillors or^any officer or other employee of the Municipality authorised by the Board of Councillors or empowered by or under this Act in this behalf may enter into or upon any land or building with or without assistants or workmen— (a) for the purpose of ascertaining whether, in connection with the land or the building, there is or has been any contravention of the provisions of this Act or the rules or the regulations made thereunder; (b) for the purpose of ascertaining whether or not circumstances exist which render it necessary, or require the Board of Councillors or any officer or other employee of the Municipality authorised or empowered in this behalf, to take any action or execute any work under this Act or the rules or the regulations made thereunder; (c) for the purpose of taking any action or executing any work authorised or required by this Act or the rules or the regulations made thereunder; (d) to make such inquiry, inspection, examination, measurement, valuation or survey as may be authorised or required by or under this Act oras may be necessary for the proper administration of this Act; (e) generally for the purpose of efficient discharge of the functions by any of the authorities under this Act or the rules or the regulations made thereunder.

388. Power to enter land or adjoining land in relation to any work. (1) The Board of Councillors or any person authorised by it or empowered by or under this Act in this behalf may enter upon any land withih one hundred metres of any work authorised by or under this Act with or without assistants or workmen for the purpose ofdepositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same. (2) Every person as aforesaid shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Municipality in accordance with the rules or the regulations made under this Act in this behalf to the owner or the occupier of such land or to both for 3ny such damage, whether pernianent or temporary.

389. Breaking into building.—(1) It shall be la\A/ful for the Board of Councillors or any person authorised by it or empowered by or under this Act in this behalf to make any entry into any place and to open or to cause to be opened any door, gate or other barrier,— Ss. 389-393] The West Bengal Municipal Act, 1993 187 (a) if he considers the opening of such door, gate or other barrier necessary for the purpose of such entry; and (b) if the owner or the occupier is absent or, being present, refuses to open such door, gate or other barrier. (2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Board of Councillors or the person authorised or empowered in this behalf shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situate to witness the entry into such place or the opening of such door, gate or other barrier and may issue an order is writing to them or to any one of them so to do.

390. Time of making entry.—Save as otherwise provided in this Act of the rules or the regulations made thereunder, no entry into any place authorised by or under this Act shall be made except between the hours of sunrise and sunset: Provided that if the Chairman-in-Council is satisfied that the erection of any building or the execution of any other work has been commenced, or is being carried on, in any premises in contravention of the provisions of this Act or any other evasion of the provisions of this Act or the rules or the regulations made thereunder is being committed between the period of sunset and sunrise, it may, for reasons to be recorded in writing, enter such premises during such period to make an inspection thereof and take such action as may be necessary under this Act.

391. Notice for entry.—Save as otherwise provided in this Act or the rules or the regulations made thereunder, no land or building shall be entered without giving the owner or the occupier thereof, as the case may be, not less than twenty-four hours' written notice of the intention to make such entry : Provided that no such notice shall be necessary if the Chairman-in-Council considers, for reasons to be recorded in writing that there is immediate urgency for such entry and the service of a written notice may defeat its purpose. C. Public notices and advertisements

392. Public notices how to be made known.—Every public notice given under this Act or the rules or the regulations made thereunder shall be in writing under the signature of the Chairman or any officer of the Municipality authorised in this behalf by the Board of Councillors, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within such locality or by advertisement in local newspapers or by publishing the same otherwise as the Chairman-in-Council may think fit. D. Evidence

393. Proof of consent etc. of Board of Councillors or any officer of the Municipality.—Wherever under this Act or the rules or the regulations made thereunder the doing of, or the omission to do, or the validity of, anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of— (a) the Board of Councillors, or 188 The West Bengal Municipal Act, 1993 ISs. 393-3®^ (b) the Chairman-ln-Counoii, or (c) the Chairman or any officer of the Municipality. as the case may be, a written document signed,— j (/) in the cases referred to in clause (a), by the ''[Chairman], a" (//) in the cases referred to In clause (b) or clause (c), by ® Chairman or such officer of the Municipality, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof. E. Notices etc.

394. Notices etc. to fix reasonable time.—Where any notice, bill, order o requisition issued or made under this Act or the rules or the regulations ma^ thereunder requires anything to be done, for the doing ofwhich no time is in this Act or the rules or the regulations made thereunder, such notice, bi , order or requisition shall specify a reasonable time for doing the same.

395. Signature on notices etc. to be stamped.—(1) Every licence, written permission, notice, bill, summons or other document, which is required by this Act or the rules or the regulations made thereunder to bear the signature ofth© Chairman or any officer of the Municipality shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairman 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.

396. Notice etc. by whom to be served or issued.—Every notice, bill, surnmons or other document required by this Act orthe rules orthe regulations made thereunder to be served upon, or issued to, any person, shall be served or issued by an officer or other employee of the Municipality or by any person authorised by the Chairman in that behalf.

397. Service of notices etc.—(1) Every notice, bill, summons, requisition 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 Municipality or by any of the other municipal authorities or any officer or other employee of the Municipality 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 of the company at its registered office or at its principal office or place of business and is— (') sent under certificate of posting, or (//) 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, 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— (/) sent under certificate of posting, or

1. Subs, by the W.B. Act XLV of 1994, s. 23, w.e.f. 10.10.1994 for "Municipal Secretary*. Ss. 397-398] The West Bengal Municipal Act, 1993 189 (//) delivered at the place of business of the partnership; (c) where the person to be served is a corporation, society or any other body or authority, if the document is addressed to the secretary, treasurer or other officer of such corporation, society or other body or authority at its principal office and is— (/) sent under certificate of posting, or (//•) delivered at the principal office of such corporation, society or other body or authority; (d) if such notice, bill, summons, requisition or other document is, in any other case, addressed to the person to be served and— (/) is given or tendered to him, or (//) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business within the municipal area, or is given or tendered to some adult member of his family, or is affixed on some conspicuous part of the land or building, if any, to which it relates, or (///) is sent under certificate of posting to such person. (2) Any notice, bill, summons, requisition or other 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 sucb 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 (b) of sub-section (1); or (b) if the document or a copy thereof so addressed is delivered to some person on the land or 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 notice, bill, summons, requisition or other document is served on a partnership under this section, such notice, bill, summons, requisition or other document shall be deemed to be duly served on each partner. (4) For the purpose of enabling any notice, bill, summons, requisition or other document to be served on the owner of any premises, the Chairman 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 notice, bill, summons, requisition or other document is to be served is a minor, the service thereof upon his guardian or any adult member of his family shall be deemed to be service upon the minor. F. Enforcement of orders to execute work etc.

398. Time for complying with requisition or order, and power of Board of Councillors to enforce requisition or order in default.—(1) When, under this Act or the rules or the regulations made thereunder, any requisition or order is made by a written notice issued to any person or persons by any municipal fr West Bengal Municipal Act, 1993 [Ss. 398-400 authority or any officer of the Municipality, such authority or officer shall specify in such notice a period within which (a) such requisition or order shall be complied with, and (b) any written objection thereto shall be received by such authority or officer. »ithin the any such period requisition specified underor sub-section order or any(1), partthethereof Boardisofnot complied may," Councillors with hphaif f regulations as may be made by the Board of Councillors in this tn hp H^ rneasures or cause such work to be executed or such thing with as rnay, in its opinion, be necessary for causing due compliancy this Art except as otherwise expressly provided m incurrpri k '"^g^'at'ons made thereunder, the expenses, if an^ reauisitinnnr^«? authority or officer in causing such compliance with such is issued shall be paid by the person or persons to whom such notice caus^e fake any measure, execute any work or or Dunishmpnt under this section, notwithstanding any prosecution rules or thp rpn fc punishment of any person under this Act or the requisition or ordefthereunder for his failure to comply with such who has be^^'cf comply with notice.—(1) Any person in which a oerinri ^'th awritten notice under sub-section (1) of section 398 period deliver tn '^^^a'ving objections has been specified may, within such case may be a w h authority or the officer of the Municipality, as the to urqe for thp " °t^i®ction setting forth the reasons which he may desire (2) Eve modification of such notice, determhatbn'^ objection shall be placed before the Chairman for

400. Power of r ofexpenses payment of exDen Councillors to enter into agreement for or the regulations mn '"®*3lments.—(1) When, under this Act or the rules work executed or th'^ thereunder, any expenses of any measures taken or or any officer of thf» under the order of any municipal authority event of any person "'^'^'P^''ty are incurred by such authority or officer in the or the rules or the r complying with any requisition or order under this Act fit and with the aon " thereunder, the Chairman may, if he thinks to the contrary con?^^' Board of Councillors, notwithstanding anything thereunder, enter int regulations made in such instalments° ^gi'^ement with such person for payment of the same whole amount due v!l?h-^1 intervals as will secure the recovery of the determined by the state n ®' ' ®'® interest as may be exceeding six exrppdinn civ years, as the Board offrom Government Councillors time to may determine. time within such period, not »/i/hnio i whole amount such agreement due from shall provide for adequate security against the such person Ss. 401-405] The West Bengal Municipal Act, 1993 191

401. Execution of work by occupier on the failure of owner.—^Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or the rules or the regulations made thereunder, the occupier, if any, of such land or building may, with the approval of the Board of Councillors, execute such work and shall, subject to any agreement to the contrary between himself and the owner of such land or building, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct any amount thereof from the rent payable by him to such owner.

402. Relief to receivers, agents and trustees.—(1) Whenever under this Act or the rules or the regulations made thereunder any person is, by reason of his— (a) receiving the rent of any immovable property as receiver or agent or trustee of such property, or (b) being such receiver or agent or trustee would receive the rent if such property were let to a tenant, bound to discharge any obligation imposed on the owner of such property but has not, at his disposal, funds belonging or payable to such owner or sufficient for the purpose of discharging such obligation, he shall, wifhin a period of six weeks from the date of service upon him by any municipal authority or officer of the Municipality empowered in this behalf under this Act of any notice requiring him to discharge such obligation, apply to a court of competent jurisdiction for leave to raise such fund or for such directions as he may consider necessary for such purpose. (2) If such person fails to apply to a court of competent jurisdiction under sub-section (1) or, after the court has granted leave to raise funds or has issued directions, fails to discharge such obligation or to comply with such directions within twelve months of such leave or such directions, he shall be personally liable to discharge such obligation. H. Payment of Compensation

403. General power of Municipality to pay compensation.—In any case not otherwise expressly provided for in this Act or the rules or the regulations made thereunder, the Board of Councillors may pay compensation to any person who sustains damage by reason of the exercise of any power under this Act or the rules or the regulations made thereunder by any municipal authority or any officer of the Municipality.

404. Compensation to be paid for damage to property of Municipality.— Any person who has been convicted of an offence punishable under this Act or the rules or the regulations made thereunder shall, without prejudice to any punishment to which he may be subject, be liable to pay such compensation for any damage to any property of the Municipality resulting from such offence as the Board of Councillors may consider reasonable.

405. Recovery of certain dues of Municipality.—Save as otherwise provided in this Act or the rules or the regulations made thereunder, any sum due to the Municipality on account of any charge, cost, expense, fee, rate or r 192 The West Bengal Municipal Act. 1993 [Ss. 405-407 rent or on any other account under this Act or the rules or the regulations made thereunder shall be recoverable from the person from whom such sum Is due as if it were a property tax: Provided that no proceedings for the recovery of any such sum under this section shall be commenced after the lapse of three years from the date on which such sum becomes due. I. Legalproceedings

406. Power to institute etc. iegai proceedings and obtain legal advice.—The Board of Councillors may —— v^rwuiiv^iiiuid iFiay (a) initiate, or withdraw from, any proceedinqs against any person who is charged with— (') any offence under this Act or the rules or the regulations made thereunder, or (//) any offence which affects or is likely to affect any property or interest of the Municipality, or (//•/) committing any nuisance whatsoever; (b) thfs *aS- or compromise, any proceedings under ... n?nno^ property tax compromise . . ' or other tax; an appeal against assessment of any ' icJX, a'oen'^ihi^'^ compromise any claim against any person in respect of the MunicSty ^contract entered into with such person by brouaht proceeding or claim any officpf Municipality or against any municipal authority or anythina ri employee of the Municipality in respect of authoritvn^^"t°'^ omitted to be done by the Municipality or such the reaiiiafi ®'" employee under this Act or the rules or from or ^®^"te any suit, proceeding or claim, or withdraw made as any suit, proceeding or claim, instituted or Board of be, in the name of the Municipality or the (g) obtain, for any onlf Chairman; of this secti Purposes mentioned in the foregoing clauses power or du^ securing lawful exercise or discharge of any or any officer or imposed upon, any municipal authority and assistan employee of the Municipality, such legal advice expedient. fr®"^ time to time, consider necessary or Councillor'etc tender of relief in suits against Board of aoainst anv mnniiinli ^® 'nstituted in any court having jurisdiction ^ ®ny officer or other employee of the or or, officer or any «• orany person other acting ofunder employee the directioninofrespect the Municipality any municipal authority of any act done or purporting to be done under this Act or the rules or the regulations made i ^ ^ > Ss. 407-409] The West Bengal Municipal Act. 1993 193 thereunder until after the expiration of one month next after a notice in writing has been delivered or left at the office of such authority or at the office or the residence of such officer or other employee or person, stating — (a) the cause of action, {b) the name and residence of the intending plaintiff, and (c) the relief which such plaintiff claims. (3) If the municipal authority at the office of which, or the officer or the other employee of the Municipality or the person acting under the direction of any municipal authority or any officer or other employee of the Municipality at the office or the residence of whom, a notice has been delivered or left under sub section (1), satisfies the court having jurisdiction that the relief claimed was tendered to the plaintiff before the institution of the suit, the suit shall be dismissed. (4) Nothing in the foregoing provisions of this section shall apply to any suit instituted under section 38 of the Specific Relief Act, 1963 (47 of 1963).

408. Indemnity.—No suit shall be maintainable against any municipal authority or any officer or other employee of the Municipality or any person acting under the direction of any municipal authority or any officer or other employee of the Municipality or of a Magistrate in respect of anything done lawfully and in good faith and with due regard to the provisions of this Act or the rules or the regulations made thereunder. J. Power and duties of Police-officers

409. Co-operation of the police.—(1) The Director General and Inspector- General of Police, West Bengal and the police-officers subordinate to him shall — . (a) co-operate with the Municipality for carrying into effect and enforcing the provisions of this Act and for maintaining good order in and outside the municipal area, and (b) assist the Board of Councillors, the Chairman-in-Council or the Chairman or'any officer or other employee of the Municipality In carrying out, any order made by a Magistrate under this Act. (2) it shall b^ the duty of every police-officer— (/•) to communicate without delay to the Chairman or any officer of the Municipality any information which he receives in respect of any design to commit, or any commission of, any offence under th s Act or the rules or the regulations made thereunder, and (//) to assist the Board of Councillors, the Chairman-in-Councll or the Chairman or any officer or other employee of the Municipality reasonably demanding his aid for the lawful exercise of any power Omitted by the W.B. Act XXX of 1994, s. 27, w.e.f. 13.7.1994, which were as under: "(2) Every such suit shall be commenced within four months next after the accrual of the cause of action, and the plaint therein shall contain a statement that a notice has been delivered or left as required by sub-section (1).". t94 The West Bengal Municipal Act, 1993 409-413 vesting in the Municipality or the Board of Councillors or the Chairman-in-Council or the Chairman or such officer or o e employee under this Act or the rules or the regulations ma thereunder. (3) Any officer or other employee of the Municipality may, when empowered by a general or special order of the Director General and Inspector-General of Police, West Bengal, on the recommendation of the Chairman-in-Council orthe Chairman in that behalf, exercise the powers of a police-officer for such of the purposes of this Act as may be specified in such order.

410. Power of police to arrest offenders.—(1) Any police-officer may arrest any person who commits, in his view, any offence under this Act or the rules or the regulations made thereunder, provided the name and address of such person are unknown to him and such person declines to give, on demand, his name and address orgives a name or address which the police-officer has reason to believe to be false. (2) No person arrested under sub-section (1) shall be detained in custody after his true name and address are ascertained or without the order of a Magistrate for a period longer than twenty-four hours from the time of arrest, excluding the period necessary for the journey from the place of arrest to the court of the Magistrate. (3) On the written application of the Chairman, any police-officer above the rank ofa constable shall arrest any person who obstructs the Chairman or any member of the Chairman-in-Council or any officer or other employee of the Municipality in the exercise of any power or performance of any function or discharge of any duty under this Act or the rules or the regulations made thereunder. K. General Provisions

411. Validity of notices and other documents.—No notice, order, requisition, licence, written permission or any other document issued under this Act shall be invalid merely by reason of defect of form.

412. Admissibility of document or entry as evidence.—A copy of any receipt, application, plan, notice, order or other document or any entry in a register in the possession of any municipal authority shall, if duly certified by the lawful keeper thereof or other person authorised by the Chairman in this behalf, be admissible in evidence of the existence of such document or entry, and shall be admitted as evidence of the matters and the transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.

413. Evidence of officer or other employee of Municipality.—-No officer or other employee of the Municipality shall, in any legal proceeding towhich the Board of Councillors is not a party, be required to produce any register or document the contents of which can be proved by certified copy or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause. Ss. 414-417] The West Bengal Municipal Act, 1993 195

414. Prohibition against removal of mark.—No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or the rules or the regulations made thereunder.

415. Prohibition against removal or obliteration of notice.—No person shall, without any authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under the orders of the Board of Councillors or any municipal authority or any officer of other employee of the Municipality empowered in this behalf.

416. Prohibition against unauthorised intermeddling with property of the Municipality.—(1) No person shall, without any authority in that behalf, remove earth, sand or other material form, or deposit any matter in, or make any encroachment on, any land vested in the Municipality, or in any way obstruct such land. (2) No person shall Interfere with, or encroach upon, or othen^/lse damage, any property belonging to, or vested In the Municipality. CHAPTER XXVII Rules and Regulations

417. Power to make rules.—(1) The State Government may, after previous publication, 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. (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 modification 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 Govemment, come into force on the date of such publication. ^[(4) Notwithstanding anything contained In sub-section (1), and sub section (2), of this section or elsewhere In this Act, till such time as the State Government makes rules under this Act, the rules made under the Bengal Municipal Act, 1932 (Ben. Act XV of1932) and in force immediately ^[before the commencement] of this Act, shall so far as they are not inconsistent with the provisions of this Act, be deemed to be the rules made under this Act, and the provisions of sub-section (3) shall not apply to any rules deemed underthis sub section to be the rules made under this Act.] ^[(5) Notwithstanding anything contained in sub-sections (1), (2) and (4) of this section, the State Government may, in special circumstances, for the

1. Ins. by W.B. Act XXX of 1994, w.e.f. 13.7.1994.

2. Subs, by W.B. Act XLV of 1994, w.e.f. 10.10.1994 for "before the Govemment".

3. Ins. by s. 17 of the W.B. Municipal (Amendment)Act, 2006, (W.B. Act XXII of 2006), w.e.f. 1.10.2006. 196 The West Bengal Municipal Act. 1993 [Ss. 417-421 reasons to be recorded in writing, for the interest of the public, relax any orall the provisions of a rule made under this Act.]

418. Power to amend Schedule.—The State Government, on its own or on the recommendation of a Municipality or number of Municipalities, may by notification add to, amend, or alter any Schedule to this Act.

419. Power to make regulations.—(1) The Board of Councillors may, after previous publication, ^[in accordance with, and subject to, the provisions ofsub section (2)1 make regulations not inconsistent with the provisions of this Act or the rules made thereunder for discharging its functions under this Act. 2[(2) (a) Anotice relating to the draft regulations shall be published in one or more of the local newspapers circulated within the jurisdiction of the Municipality to which such regulations relate or, if there be no such newspaper, in such manner as the Board of Councillors may direct. (b) Such draft shall not be further proceeded with until the expiration of a period of one month from the date of such publication or such longer period as the Board of Councillors may decide. (c) For not less than one month during such period, a copy of such draft shall be kept in the office of the Municipality for public inspection, and any person shall be permitted at any reasonable time to peruse the same, free of charge. (cf) Copies ofsuch draft shall be made available to any person requiring the same on payment of such fee as the Board of Councillors may fix.] ^[(3) Notwithstanding anything contained in sub-section (1) of this section or elsewhere in this Act, till such time as the Board of Councillors makes regulations under this Act, the regulations made under the Bengal Municipal Act, 1932, and in force immediately before the commencement of this Act, shall, so far as they are not inconsistent with the provisions of this Act or the rules made thereunder, be deemed to be the regulations made under this Act, and the provisions of sub-section (2) of this section or section 420 shall not apply to any regulations deemed under this sub-section to be the regulations made under this Act; Provided that the provisions of section 421 shall apply to any regulations deemed under this sub-section to be the regulations made under this Act. Exp/anaf/or?.—"Regulation" shall include by-law.]

420. Regulations to be subject to approval of State Government.—No regulation made by the Board of Councillors under this Act shall have any validity unless and until it is approved by the State Goverriinent.

421. Power of State Government to cancel or modify regulations.—(1) If the State Government is, at any time, of opinion that any regulation made by

1. Ins. by the W.B. Act XIII of 1995, w.e.f. 5.9.1995.

2. Subs, by ibid, w.e.f. 5.9.1995 for the following ; "(2) The draft of regulations shall be published in the manner prescribed and shall not be proceeded with until the expiration ofa period of one month from the date ofsuch publication or such longer period as the Board of Councillors may appoint.".

3. Ins. by the W.B. Act XXX of 1994, w.e.f. 13.7.1994. Ss. 421-424] The West Bengal Municipal Act, 1993 197 the Board of Councillors under this Act should be cancelled or modified, either wholly or in part, it shall cause the reasons for such opinion to be communicated to the Board of Councillors and shall appoint a reasonable period, not less than fifteen days, within which the Board of Councillors may make such representation with regard thereto as it may think fit. (2) On receipt and consideration of any such representation or, if no such representation is received, after the expiry of the period as aforesaid, the State Government may, at any time,.by notification, cancel or modify such regulation, either wholly or in part. (3) ThQ.cancellation or modification of any regulation under sub-section (2) shall take effect from such date as the State Government may specify in the notification under that sub-section or, if no such date is specified, from the date of publication of such notification, provided such cancellation or modification shall not affect anything done or suffered or omitted to be done under such regulation before such date. (4) Any notification under sub-section (2) shall be published in local newspapers or In such other manner as the State Government may decide.

422. Penalty for breach of rules or regulations.—(1) Any rule or regulation made under this Act may provide that a contravention thereof shall be punishable— (a) with fine which may extend to one thousand rupees; (b) with an additional fine in the case of a continuing contravention, which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention; and (c) with additional fine which may extend to fifty rupees for everyday during which the contravention continues after receipt of a notice from the Municipality requiring the offender to discontinue such contravention. (2) Any rule or regulation made under this Act mayfurther provide that the offender shall be required to remedy, in so far as such remedy lies in his power, the mischief, if any, caused by the contravention ofany rule or regulation made under this Act.

423. Rules and regulations to be available for Inspection and purchase.—(1) A copy of all rules and regulations made under this Act shall be kept at the office of the Municipality and shall, during office hours, be open, free of charge, to inspection by any inhabitant of the municipal area. (2) Copies of all such rules and regulations shall be kept at the office of the Municipality and shall be sold to the public at such price as the Board of Councillors may determine.

424. Doubts as tp powers, duties or functions of municipal authorities.—If any doubt arises as to the municipal authority to which any particular power, duty or function appertains, the Chairman shall refer the matter to the State Government and the decision of the State Government thereon shall be final. 198 The West Bengal Municipal Act, 1993 [Ss. 425-426 CHAPTER XXVIII Delegation, Co-operation and Control

425. Delegation of power by the State Government.—(1) The State Government .may, with regard to the Municipalities generally or to any Municipality or group of Municipalities in particular and subject to such conditions or restrictions as it may deem fit to impose, by notification, delegate to the Director of Local Bodies ^[or the District Magistrate or the Sub-divisional Magistrate] 2[or the District Municipal Development Officer] any of the powers vested in, or the functions imposed upon, theState Government by or underthis Act, and thereupon the Director of Local Bodies ^[or the District Magistrate or the Sub-divisional Magistrate] 2[or the District Municipal Development Officer] shall exercise such powers or perform such functions as if he were the State Govemment. (2) The State Government may, by notification, appoint one or more Deputy Director or Assistant Director of Local Bodies to exercise the powers and perform the functions of the Director of Local Bodies 3[(3)***].

426. Supervision by Director of Local Bodies.—(1) The Director of Local Bodies [or the District Magistrate or the Sub-divisional Officer] ^[or the Sub- divisional Magistrate or the District Municipal Development Officer] in addition to the powers or functions delegated to him, may— (a) inspect, or cause to be inspected, any immovable property owned, occupied by the Municipality or any work in progress under the direction of a municipal authority; (b) inspect or examine any department of the Municipality or any office, service, work or thing under the control of the Board of Councillors; (c) record, in writing, for the consideration of the Board of Councillors, any observation he thinks proper in regard to the proceedings or auties of any of the municipal authorities. RnHiL ir«r inspection or examination, the Director of Local divi<iinnai r/io ^ fMagistrate or the Sub-divisional Officer] "^for the Sub- the rhairm thP Chairman or any officer of the Municipal District Municipality- Development Officer] may require docum^^t'^ book, record, correspondence, plan or other {b) to furnish any return, plan, estimate, statement, r-.ccount or statistics, or (c) to furnish or obtain any report. 2 In^ hv 25. w.e.f. 10.10.1994. we f 162009 (Amendment) Act, 2009 (W.B. Act III of 2009) 3. by the W.B. Act XLV of 1994, s. 25, w.e.f. 10.10.1994, which were as under: (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 orperform any of the functions within his jurisdiction on matters delegated under sub-sections (1) and (2).".

4. Ins. by s. 15 of the West Bengal Municipal (Amendment) Act 2009 (W.B. Act III of 2009) w.ef. 1.6.2009. Ss. 426-429A] The West Bengal Municipal Act, 1993 199 (3) When a requisition is made under sub-section (2), the Chairman or any oificer of the Municipality, as the case may be, shall comply with such requisition.

427. Power of State Government to call for documents, returns or information from Chairman or any officer of Municipality.—The State Government may, at any time,— (a) call for any document in the possession or under the control of the Chairman or any officer of the Municipality: (b) require the Chairman or any officer of the Municipality to furnish any return, plan, estimate, statement, account, report of statistics, or any information whatsoever.

428. Inspection of municipal works and institutions by Government officers.—^Any work or institution constructed or maintained, or any programme undertaken in whole or in part, at the expense of the Municipality and all registers, books, accounts or other documents relating thereto shall, at all times, be open to inspection by such officers as the State Govemment may appoint in this behalf.

429. Power to suspend action under the Act.—(1) The State Govemment may, after giving the Board of Councillors a reasonable opportunity of being heard, annul any proceeding or resolution or order which it consider 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 Board of Councillors, the State Government may suspend the operation of such proceeding or resolution or order. (2) The State Government, on receiving any information that the Board of Councillors, or any other municipal authority 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 Municipality: Provided that the State Government shall immediately thereafter give an opportunity to the Board of Councillors to make its representation in the matter upon which the State Government shall give its final order with reasons in writing. ^[429A. * **]

1. Omitted by s. 11 ofthe West Bengal Municipal (Amendment) Act, 2004 (W.B. Act VIII of 2004), w.e.f. 15.9.2004, which was as under: "429A. Power to remove the Chairman or the Vice-Chalrman.—-(1) Notwith standing anything contained elsewhere in this Act, the State Govemment may. by an order in writing, remove, with effect from a date to be specified in the order, any Chairman or Vice-Chairman of any Municipality from his office if, in its opinion, he wilfully omits or refuses to carry out the provisions of this Act or of any rules or orders made thereunder or abuses the powers vested in him under this Act. (2) The State Government shall, before making any order under sub-section (1), give to the person concemed an opportunity of making a representation against the proposed, order of removal.". 200 The West Bengal Municipal Act. 1993 [Ss. 429B-431 1[429B. Directions by the State Government.—In the discharge of their functions, the Municipalities shall be guided by such directions as may be given to them by the State Government in conformity with the provisions of this Act.]

430. Powers of State Government in case of default.—(1) It at any time, it appears to the State Government that the Board of Councillors has made default in performing any duty ^[including the duty in relation to the Municipal Fund,] 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 on such duty. 3[(2) If such duty is not performed within the period so fixed, the State Government may, in the public interest, by order do, or cause to be done by any Officer of the State Government or any authority appointed by it, anything for due performance of such duty notwithstanding anything to the contrary contained elsewhere in this Act or in any other law for the time being in force.]

431. Power of the State Government to intervene in case of gross neglect orserious irregularity.—(1) If, in the opinion of the State Government, the Board of Councillors has shown gross neglect in the performance of the duties imposed upon it by or under this Act or any other law for the time being in force, or has committed serious irregularities in the performance of such duties, the State Government may by order direct the Board of Councillors to show cause within the period specified in the order why it shall not be dissolved on grounds of charges mentioned in this order. (2) If the Board of Councillors fails to answer the charges within the period specified in the order orwithin such further time as may be allowed by the State Government, or if the answers do not convince the State Government, [or where more than two-thirds ofthe total numberof Councillors holding office for the time being have, for any reason, resigned], the State Government may dissolve the Board of Councillors by an order published in the Official Gazatta with effect from the date of the order. (3) When the order of dissolution has been passed, all the powers and functions vested upon the municipal authorities under this Act or any other law for the time being in force, shall be exercised by such person or persons to be designated as Administrator or Board ofAdministrators as the State Government may appoint for the purpose. (4) ®[A general election to the Municipality shall be held within six months of its dissolution] for the constitution ofa new Board ofCouncillors immediately thereafter;]

1. Ins. by s. 36 of the West Bengal Municipal (Amendment) Act, 2002 (W.B. Act XVI of 2002), w.e.f. 2.12.2002.

2. Ins. by W.B. Act XIII of 1995, w.e.f. 5.9.1995.

3. Subs, by ibid, w.e.f. 5.9.1995 for the following : "(2) If such duty is not performed within the period so fixed, the State Govemment may appoint its own agency to perform it, any may direct that theexpenses ofperforming it shall be paid to such agency from the Municipal Fund within such time as itmay fix.'.

4. Ins. by the W.B. Act XLV of 1994, w.e.f. 10.10.1994.

5. Subs, by the W.B. Act XXII of 2000, w.e.f. 1.9.2000for "The State Government shall hold a general election to the Municipality within six months of its dissolution and shall take steps". Ss. 431-432] The West Bengal Municipal Act, 1993 201 ''[Provided that the new Board of Councillors shall continue only for the remainder of the period of which the dissolved Municipality would have continued had it not been so dissolved: Provided further that when the period for which the Board of Councillors would have continued is less than six months, it shall not be necessary to hold any elections for constituting a new Board of Councillors for such period.] 2[(5) * * * (6) * * * ] (7) If any question arises as to what constitutes a gross neglect or a serious irregularity under this section, the opinion of the State Government as recorded in writing in the order, under this section shall be final and conclusive and the same shall not be questioned in any court of law. ^[431 A. Special provision in the case of prohibitory order from court.— Where, by reason of any order of a competent court, the Board of Councillors is unable to exercise the powers, or perform the duties, or discharge the functions, conferred or imposed on it by or under any provision of this Act or the rules or the regulations made thereunder, the State Government may appoint any authority, or any person or persons, to exercise the powers, or perform the duties, or discharge the functions, as the case may be, during the period of such inability, in such manner, and on such conditions, as the State Government may, by order, direct.]

432. Co-ordination for purposes of planning and development.—(1) The State Government may require the Municipalities 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.

1. Subs, by the W.B. Act XXX of 1994, w.e.f. 13.7.1994 for the following : "Provided that the period of six months as aforesaid may be extended by an order to be made by the State Government in this behalf by a further period, not exceeding six months, if circumstances cosidered unavoidable by the State Govemmentand recorded in the order".

2. Omitted by ibid, w.e.f. 13.7.1994. which were-as under: "(5) If. in the opinion ofthe State Govemment, instead ofan order ofdissolution, the neglect or irregularity in the affairs of the Municipality can be remedied by tempera^ supersession, partial or total, theState Government may, by order and for reasons to be recorded in writing, take over the administration ofthe municipal area either entirely or in respect of specified departments or area of activities for a period not exTOeding six months and appoint the Director of Local Bodies or such otherauthority as it deems fit to discharge the functions ofthe municipal authorities with regard to such department or area of activity or the Municipality at large in accordance with such procedure as may be prescribed : Provided that the State Govern lent may by order extend the period of six months as aforesaid by a further period not exceeding six months, for reasons, to be recorded in the order. (6) On the expiry of the period of supersession, the Board of Councillors and the other municipal authorities shall be restored to their respective officers to enable them to complete their normal tenure in office for the rest of the term.".

3. Ins. by the W.B. Act XXII of 2000, w.e.f. 1.9.2000. 202 The West Bengal Municipal Act, 1993 [Ss. 432-434 (2) When so required, it shall be the duty of the Municipality to participate in such process of co-ordination in accordance with such procedure as the State Government may determine.

433. Civic participation.—(1) The Board of Councillors shall convene a meeting of the citizens in each area covered by ""[one or more wards, as the Board of Councillors may decide], once a year for placing its annual administration report and annual financial statement 2[of the preceding year] 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 ^[determined by the Board of Councillors.] ^[433A. Member, officers, and employees to be public servants.—^All the members of a Board of Councillors and all the officers and other employees of a Municipality shall, while acting, or purporting to act, in pursuance of, or in exercise of any power conferred by or under, any provision of this Act or the rules or the regulations made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

433B. State Government to place officers and employees at the disposal of Municipalities.—(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force,— (a) upon the issue of any direction to any Municipality to exercise any power or to perform any function or to discharge any duty, or (b) upon the transfer to any Municipality of any function, or control and management of any property, under any provisions of this Act, the State Government shall, subject to such conditions as it may deem fit to impose, place at the disposal of the Municipality the services of such officers and other employees as may be necessary to enable it to exercise such power or perform such function or discharge such duty, as the case may be. (2) The officers and other employees, whose services are so placed at the disposal of the Municipality, shall continue to be the officers and other employees of the State Government and their salary, allowances and other benefits shall be met from the Consolidated Fund of the State: Provided that where any disciplinary orother action is required to be taken against any such officer or other employee, the Municipality shall make a reference to the State Government for appropriate action. (3) Where any power or function or duty as conferred or imposed on any Municipality by or under any other law for the time being in force, such law shall have effect as if this section had formed a part of such law, and thereupon such law shall be deemed to have been amended accordingly.]

434. Services of Municipal Engineering Directorate.—The State Government may require the Municipality to avail of the services of the Municipal

1. Subs, by the W.B. Act XIII of 1995, w.e.f. 5.9.1995 for "a borough committee".

2. Ins. by ibid, w.e.f. 5.9.1995.

3. Subs, by ibid, w.e.f. 5.9.1995 for "prescribed".

4. Ins. by the W.B. Act XXII of 2000. w.e.f. 1.9.2000. Ss. 434-438] The West Bengal Municipal Act, 1993 203 Engineering Directorate of the State Governmentor the Calcutta Metropolitan Development Authority, or any other development authority or development organisation, or any department of the State Government, or any undertaking 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, for a Municipality or group of Municipalities who shall discharge his functions in such manner as the State Government may decide.

435. Training and Research Programmes of Institute of Local Government and Urban Studies.—(1) The State Government may require the Municipality 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 municipal functionaries and personnel. (2) It shall be obligatory on the part of the Municipality to furnish such papers, reports, document. Information, data and statistics as may be called for by the Institute of Local Government and Urban Studies from time to tiine. 2[435A. Financial and technical help by Gorkhaland Territorial Administration.—The Gorkhaland Territorial Administration constituted under the Gorkhaland Territorial Administration Act, 2011, may provide to a Municipality in the hill area such financial and tenchnical assistance as it may require in any emergent circumstances.] 3[436. ***]

437. Withdrawal of sections extended by State Government. ^Where there is any specific provision in any section of this Act for its being extended by the State Government to any municipal area, the State Government may, at any time, by order, withdraw such section if extended to any municipal area, from operation in such municipal area, and thereupon such section shall cease to be in force in the said municipal area from the date of such order.

438. Disputes.—If any dispute arises on any matter between the Board of Councillors and any other local authority or between the municipal authorities themselves, such dispute shall be referred to the State Government whose decision thereon shall be final and shall not be questioned in any Court.

1. Ins. by the W.B. Act XXII of 2000, w.e.f. 1.9.2000.

2. Subs, by s. 6 of the W.B. Municipal (Amendment) Act, 2013 (W.B. Act VIII of 2013), w.e.. 15.5.2013, which stood as under: , "435A. Financial and technical help by DaijeelinQ Gorkha Hill Counci o Municipality.—The Darjeeling Gorkha Hill Council constituted under the Darjeeling Gorkha Hill Council Act, 1988 (W.B. Act XIII of 1988), may provide to a Municipality in the hill areas such financial and technical assistance as it may require in any emergent circumstances. .

3. Omitted by the W.B. Act XLV of 1994, w.e.f. 10.10.1994. which stood as under: "436. Appointment of officers for Municipalities from cadres of State Government.—Notwithstanding anything contained elsewhere in this Act, the State Government may appoint, from its own cadre, an officer to be posted for a Municipality or a group of Municipalities by way ofsupport service on such terms and conditions as the State Government may decide : Provided that an officer so appointed shall be under the administrative control ofthe Chairman-in-Council and shall be withdrawn if the Board of Councillors so desires.". 204 The West Bengal Municipal Act. 1993 [Ss. 439-441

439. Savings as to certain suits and proceedings.—(1) Any suit or other legal proceeding instituted, or any action taken, which but for the passing of this Act would have been instituted or taken by or against any Municipality or other municipal authority under the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), may be continued or instituted by the Municipality or the Board of Councillors, as the case may be, constituted or appointed under this Act (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 under the Bengal Municipal Act, 1932, shall vest in the Board of Councillors constituted or appointed under this Act. (3) Save as provided in sub-section (2), the procedure laid down in thisAct shali be followed in all proceedings relating to a contravention of the provisions of the Bengal Municipal Act, 1932.

440. Penalties and punishments.—Save as otherwise provided in this Act. whoever contravenes any provision of any of the sections, sub-sections, clauses or provisos, or any other provision of this Act as mentioned in column I of Schedule IV or fails to comply with any order or direction lawfully given to him or any requisition lawfully made to him under any of the aforesaid provisions, shall be punishable— (/ ) 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 everyday during which such contravention or ^ilure 11441 conviction upon first such contravention or failure, nf th!r ^ct, Sf the Bengalsaving.—(1) With1932 Municipal Act, effectshall from stand the date of commencement repealed. 1. by the W.B. Act XXX of 1994, s. 31, w.e.f. 13.7.1994 for the following ; this Act ???®®vings.-(i) With effect from the date of coming into force of (4) No^ithstanding such repeal,'•932—(Ben. Act XV of 1932), shall stand repealed — ^ jraned,budget passed, licence or loan or permissiontaken, assessment sanction made, granted or building any other plan action similar sano- mp ♦ ""ber the Bengal Municipal Act, 1932, and in force at the commence- .If shall be deemed to have been passed, taken, made, mnrtif^H 9'^5r^®d or issued under this Act and shall, unless altered,- thk A t • suspended, or withdrawn, as the case may be, under tbe period, if any. for which it was so passed ,h\ ill granted or issued: "^^^^ble or immovable, all rights or whatever kind, used woiflH 3" interest of whatever kind, owned, by, or ch II " ® as constituted underbe snail, at the commencement of this Act, thedeemed Bengal Municipal Act, by. to be owned 1932, or vested in, the Municipality as constituted under this Act; [C) an contracts made or liabilities incurred by a Municipality as constituted under the Bengal Municipal Act, 1932, and legally subsisting against such Municipality as constituted under this Act; and (d) all officers or other employees appointed under the Bengal Municipal Act, 1932, and continuing in office immediately before thecommencement of this Act shall be deemed to have been appointed.". Ss. 441-442] The West Bengal Municipal Act, 1993 205 (2) Notwithstanding such repeal, every Municipality, and every notified area authority, constituted under the Bengal Municipal Act, 1932, and in existence immediately before the commencement of this Act, shall, at the date of commencement of this Act, be deemed to have been constituted under this Act, and, in respect of such Municipality or notified area authority,— (a) every Commissioner continuing in office as such immediately before the commencement of this Act shall be deemed to be a Councillor under this Act and shall hold office as such unless he vacates, or is removed from, his office, or a new Councillor is elected and assumes office under this Act, whichever is earlier; {b) the Board of Commissioners shall be deemed to be the Board of Councillors under this Act; (c) every Chairman continuing in office as such immediately before the commencement of this Act shall be deemed to be the Chairman under this Act; (cf) every Vice-Chairman continuing in office as such immediately before the commencement of this Act. shall be deemed to be the Vice- Chairman under this Act; (e) every resolution adopted, order passed, 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 be deemed to have been adopted, 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 adopted, passed, taken, made, sanctioned, granted or issued; (f) all properties, movable or immovable, all rights of whatever kind, used, enjoyed or possessed by, and all interest of whatever kind, owned by, or vested in, a Municipality as constituted under the Bengal Municipal Act, 1932, shall be deemed to be owned by, or vested in, the Municipality as constituted under this Act; (g) all contracts made or liabilities incurred by a Municipality as constituted under the Bengal Municipal Act, 1932, and legally subsisting against such Municipality immediately before the commencement of this Act, shall pass on to the Municipality as constituted under this Act; and (/?) all officers or other employees appointed under the Bengal Municipal Act, 1932, and continuing in office immediately before the commencement of this Act shall be deemed to have been appointed under this Act.]

442. Removal of difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order, not Inconsistent with the provisions of this Act, do or cause to be done anything which may be necessary for removing the difficulty.

SCHEDULE I (See section 118) Professions, trades and callings Every certificate of enlistment shall be granted under one or other of the classes mentioned in the second column of the following table : Serial Classes No. (1) (2) Company or association or body of individuals which exercises any profession, trade or calling whatsoever for profit or as a benefit society, not being a registered co-operative society. 2. Statutory Corporation set up by the Government for trading concerns sponsored by the Government and carrying on business for profit. Company, club, association or body of individuals, having no paid-up capital, which exercises any profession, trade or calling whatsoever,for profit or as a benefit society, not being a registered co-operative society, merchant, banker, not being a registered co-operative society, money lender, whole-sale trader, owner or occupier of a market, bazar or theatre • or place of public entertainment, broker or dalal in jute, cotton, precious stones, landed property, country produce, silk or other merchandise, retail trader or shop-keeper, boarding-house-keeper, hotel-keeper, lodging- house-keeper, tea-stall-keeper and eating-house-keeper. 4. Commission agent, broker not inciuded in serial number 3, architect, engineer, contractor, medical practitioner, dentist, barrister, and legal practitioner. 5. Itinerant vendors hawking goods for sale. 6. Any other trade, profession or calling not enumerated in serial numbers 1 to 5.

SCHEDULE II (See section 201) Purposes for which premises may not be used without a iicence or written permission 1. Aerated water— manufacturing. 2. Asafoetida — storing. 3. Aloe fibre and yarn — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 206 Sch. II] The West Bengal Municipal Act. 1993 207 4. Ammunition — storing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 5. Arecanut — soaking of. 6. Article made of flour — baking, preparing, keeping or storing for human consumption (for other than domestic use). 7. Ash — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever, dumping or shitfing. 8. Bakelite goods — manufacturing or processing. 9. Bamboo — storing for sale, hire or manufacture. 10. Bidi leaves — storing or processing. 11. Biscuit — baking, preparing, keeping or storing for human consumption (for other than domestic use). 12. Blasting powder — storing. 13. Blood — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 14. Bone — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 15. Bread — baking, preaparing, keeping or storing for human consumption (for other than domestic use). 16. Brick — manufacturing. 17. Camphor — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever or boiling. 18. Candle — packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 19. Carbide of calcium — storing. 20. Cardboard — storing. 21. Carpet — manufacturing. 22. Cashewnut storing, packing, preparing or manufacturing by any process whatsoever. 23. Catgut storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 24. Celluloid goods — storing. 25. Cement packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 26. Charcoal dumping, shifting, selling or storing. 27. Chemcial preparation — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 28. Chilli — grinding by machinery. 29. Chilli (dried) — selling wholesale or storing for wholesale trade. 30. Chlorate mixture — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 208 The West Bengal Municipal Act, 1993 [Sch. II 31. Cinder — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever, dumping or shifting. 32. Cinematograph film —shooting of, treating or processing. 33. Cloth —dyeing, bleaching, mercerizing or storing. 34. Coal dumping, shifting, selling or storing. 35. Cdcoanut fibre —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 36. Cocoanut husk —soaking of. 37. Cocoanut shell —storing. 38. Coir yarn — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 39. Coke —storing. 40. Combustible material —storing. 41. Combustible — baking, preparing, keeping or storing for human consumption (for other than domestic use). 42. Compound gas (oxygen, nitrogen, hydrogen, carbon-dioxide, sulpher, chlorine, acetylene) —storing. 43. Copra —preparing or storing or selling wholesale. 44. Cotton of all kinds, cotton refuse, cotton seed —storing, packing, Ssoever^'^^"^'"^' process 45. Cow-dung cake —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 46. Detonator —storing. 47. Dry leaf —storing. Dye (stuff) —packing, pressing, cleansing, preparing or manufacturing by any process whatsoever 49. Dynamite - storing. 50. Explosive - storing. i-« Fibre 52. ^^P'osive paint (nitro-cellulose, - selling or storing. lacquer, enamel) —storing. Fat storing, packing, pressing, cleansing, preparing or manufacturing Yany process whatsoever. 54. Felt —storing. in storing, packing, pressing, cleansing, preparing or manufacturing y any process whatsoever 56. Firewood - selling or storing. manufacturing ~ Storing, packing, by any process pressing, cleansing, preparing or whatsoever. Fish storing, packing, pressing, cleansing, preparing or manufacturing Dy any process whatsoever. ii Sch. II] The West Bengal Municipal Act, 1993 209 59. Fish oil — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 60. Flax — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 61. Fleshing — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 62. Flour— packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 63. Fuel — using for any industrial purpose. 64. Fulmjnate of mercury — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 65. Furniture — making or storing for sale. 66. Gas — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 67. Gelatine — storing. 68. Ghee — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 69. Gold — refining. 70. Grain — selling wholesale or storing for wholesale trade. 71. Gram — husking by machinery. 72. Grass — storing. 73. Groundnut — selling wholesale or storing for wholesale trade. 74. Gun-cotton — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 75. Gunny-bag — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 76. Gunpowder —storing, packing, pressing, preparing or manufacturing by any process whatsoever. 77. Hair —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever, dyeing or drying. 78. Hay — selling or storing. 79. Hemp — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 80. Hessian cloth — storing. 81. Hides — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 82. Hoof —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 83. Horn — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 84. Ice — manufacturing. The West Bengal Municipal Act. 1993 [Sch. H 85. Incense — storing. 86. Jaggery storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever or selling wholesale. 87. Jute —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 88. Khaki — preparing. 89. Lac —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 90. Lead — melting. 91. Leather — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 92. Lime —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 93. Limeshell —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 94. Manure -- storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. Machinery using for any industrial purpose. Match —storing, packing, pressing, cleansing, preparing or nu acturing by any process whatsoever. Meat —storing, packing, pressing, cleansing, preparing or manufacturing y any process whatsoever. precious metals) beating, breaking, hammering and 99. Methylated spirit or denatured spirit —storing. Nitro-compound —storing, packing, pressing, cleansing, preparing or "manufacturing by any process whatsoever. Nitro-mixture —storing, packing, pressing, cleansing, preparing or .,Q2 Offal""^^^^•'nng bypacking, —storing, any process whatsoever. pressing, cleansing, preparing or manufacturing Dy any process whatsoever. ?j' uy anystoring, processpacking, pressing, whatsoever cleansing, preparing or manufacturing or boiling. 104. Oilseeds —storing. 105. Paddy —boiling or husking by machinery. 106. Paint manufacturing or storing. 107. Paper packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 108. Petroleum product —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. Sch. II ] The West Bengal Municipal Act, 1993 211 109. Phosphorus — storing. 110. Pitch — storing, packing, pressing, cleansing, preparing or manufacturing • by any process whatsoever. 111. Plastic or plastic goods — manufacturing or storing. 112. Plywood — storing. 113. Pottery — packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 114. Polythene — manufacturing or storing. 115. Radio — manufacturing, assembling, servicing and repairing. 116. Resin (including rosin) — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 117. Rug — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 118. Sago — manufacturing or distilling. 119. Saltpetre — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 120. Shellac — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 121. Silk — packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 122. Sisal fibre — storing. 123. Skin — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 124. Soap — packing, pressing, cleansing, preparing ormanufacturing by any process whatsoever. 125. Spirit — storing, packing, pressing, cleansing, preparing ormanu^cturing by any process whatsoever. 126. Straw — selling or storing. 127. Sugar — packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 128. Sugar-candy— packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 129. Sulphur — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 130. Surki — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 131. Sweetmeat — baking, preparing, keeping or storing for human consumption (for other than domestic use). 132. Tallow — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever or melting. 212 The West Bengal Municipal Act, 1993 [Sch. IM" 133. Tar— storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 134. Tarpaulin — storing. 135. Thatching material —selling or storing. 136. Thinnej — storing. 137. Tiies — manufacturing. 138. Timber —seliing or storing. 139. Tobacco (including snuff, cigar, cigarette and bidi) —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 140. Turpentine — storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 141. Varnish —manufacturing or storing. 142. Wool —storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 143. Yarn —dyeing or bleaching. 144. Manufacturing article from which offensive or unwholesome smell, fume, dust or noise arises. may not be used without a licence or written of anv/fhin?, P^' PO®®. or the doing, in the course of any industrial process, riannlrr»..c?l Opinion of the Board of Councillors, is likely to be nuisance • tiealth or property or is likely to create or cause a 'icence shall be required for the storage only ofany ofthe ouantih/ ty ac"may, from time to Schedule time, beforfixed domestic by the use Boardand.of limited to such Councillors.

SCHEDULE III [See section 106(4)1 Parts of plant or of combination of plant and macjilnery in certain cases not be excluded in calculating the annual value of any land or building whpniwfr ®P'®"^ combination of plant and machinery aa buiiriinn Duiiding nor structure ; ©xtent as any such rpart is,. or is in the nature of, Acid Concentrators; Sins and Hoppers; Blast Furnaces; Burners, Forges, Furnaces, Kilns, Ovens and Stoves, Chambers for— Absorption of gases or fumes. Aerographing and Spraying, The West Bengal Municipal Act, 1993 213 Bleaching, Chemical Reaction, Conditioning or Treatment, Cooling, Dyeing, Dust or Fume Collecting, Fibre Separation (Wool Carbonising), Fuming, Impregnating, Refrigerating, Sandblasting, Sterilising, Sulphuric Acid, Chimneys, Cooking Ovens; Condensers and Scrubbers Acid, . Alkali, Gas, Oil, Tar, Conveyor Gantries; Cooling Ponds; Crane Gantries; Cupolas; 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 plant and machinery; Gas— Holders, Producers and Generators, Purifiers and Cleaners; 214 The West Bengal Municipal Act, 1993 [Sch. Ill Head Gear— Mine, Quarry and Pit, Hydraulic Accumulators, Well; Pits, Beds and Bays— Casing, Cooling, Drop. Inspecting or Testing, Liming, Soaking, Tanning, or other treatment. Settling; Rack; Refuse, Destructors and Incinerators; Restorts; Ship Construction and Repair; Cradles, Grids, Slipways, Uprights; Silos; materials^loading, unloading and handling Stills; Superheaters; Tanks; Towers for— Absorption of gases or fumes, Chemicals Reaction, Cooling, Oil Refining and Condensing Treatment, Water, Transporter Gantries, Transversers and Turntables, Vats, Weighbridges, Wireless Masts. Sch. IV] The West Bengal Municipal Act, 1993 215

SCHEDULE IV (See section 440) Penalties Explanation.—The entries in the second column of the following table, headed "Subject", are not intended as definition of the offences referred to in the provisions mentioned in the first column, or as abstracts of those provisions, but are inserted as reference to the subject thereof. Sections, Subject. Maximum Daily fine sub-sections. fine or impri which may. clauses or sonment in addition provisos. which may be imposed be imposed for continuing for contra offences. vention 1. 2. 3. 4. Section 115, Submission of returns Five hundred sub-section (2) and inspection of hold rupees. ings for the purpose of assessment. Section 115, Inspection of holding for Five hundred sub-section (3) the purpose of assess rupees. ment. Section 116, Notice of transfer. Fifty rupees. _ sub-sections (1)and (2). Section 120, Certificate of enlistment One hundred sub-section (2). to be obtained within six rupees. months of coming into force of the Act. Section 121, Prohibition of advertise Five hundred One hundred sub-section (2). ment without written per rupees. rupees. mission of Chairman. Section 122, Licence for use of site for Five hundred One hundred sub-section (1). the purpose of advertise rupees. rupees. ment. Section 129. Carts or carriages not to Fifty rupees. Five rupees. be kept without being reg istered and without number. Section 135. Keeping of unauthorised Five hundred One hundred ferry-boat. rupees. rupees. 216 The West Bengal Municipal Act, 1993 [Sch. IV 1. 4. Section 141. Prohibition of taking un Three hundred authorised tools. rupees. Section 173, Restrictions on erection Two thousand One hundred sub-section (3). of, or addition to, build rupees. rupees. ings or walls within street alignment or building-line. Section 196, Power to prohibit removal Five hundred sub-section (3) etc. of lamps. rupees. Section 199, Powerto regulate future Two thousand. One hundred sub-section (4). construction of building rupees and/or rupees. in particular streets or imprisonment localities. for three months. Section 200, Power to prohibit Five hundred Two thousand sub-section (1). change of authorised rupees and/or rupees. use of building. imprisonment for three months. Section 201, Licence to be obtained Two thousand Five hundred sub-section (1). for use of premises for rupees and/or rupees. non-residential purposes. imprisonment for three months. Section 202, sub-section (5). Premises not to be used One thousand One hundred or specified purposes. rupees. rupees. Section 204. Protilbltion of building Five thousand One thou without sanction. rupees and/or sand rupees. imprisonment for six months. Section 209. citeu°®®3f''ofCoun- Two hundred rupees. ment ot Work.^oi^mence- ^ent of Section 212, Completion certificate. Five hundred Fifty rupees. sub-section (2). rupees. Section 240, '°i' wells etc without permission. Five hundred Fifty rupees. sub-section (1). rupees. Section 270-, Prohibition against de One hundred Ten rupees. sub-sections posit of solid wastes. rupees. (1), and (2). Sch. IV] The West Bengal Municipal Act, 1993 217 1. 4. Section 278, Private markets and One hundred Ten rupees. sub-sections slaughter-houses. rupees. (1)and (2). Section 282. Municipal licence for arti Twenty-five Ten rupees. cles etc. rupees. Section 310, Control over construction One thousand One hundred sub-section (5). or alteration of private rupees. rupees. roads. Section 314. Removal of materials fall .Five hundred Fifty rupees. ing upon or into road or rupees. drains. Section 315, Control over construction Five hundred Fifty rupees. sub-section (4). or alteration of private rupees. drains. Section 330. Power to stop dangerous One thousand One hundred quarrying. rupees. rupees. Section 331. Precautions against fire. One thousand One hundred rupees. rupees. Section 333, Filling in of pools etc. Five hundred Fifty rupees. sub-section (1). which are a nuisance. rupees. Section 339. Prohibition against wash One hundred Ten rupees. ing by washermen at un rupees. authorised places. Section 340. ^Prohibition against defil Five hundred One hundred ing of water of public and rupees. rupees. private tanks and uses and throwing of plastic in the public streets and tanks, whether private or public.] Section 341. Unoccupied buildings or Five hundred^ Fifty rupees. lands. rupees. Section 342, Abatement of overcrowd One hundred Ten rupees. sub-section (3). ing in dwelling house or rupees. dwelling place. Subs, by s. 18 of the W.B. Municipal (Amendment) Act. 2006, (W.B. Act XXII of 2006), w.e.f. 1.10.2006, for the words "Prohibition against defiling water of tanks etc.". 218 The West Bengal Municipal Act, 1993 [Sch. IV 1. Section 343. Prohibition against feed One hundred Ten rupees. ing certain animals on rupees. filth. Section 344. Premises not to be Three thou Two hundred used for keeping ani sand rupees fifty rupees. mals, birds, etc., with and/or impris out licence. onment for six months. Section 361. Prohibition of making or Five hundred Fifty rupees. selling of food etc. or rupees. washing of clothes by in fected persons. Section 362. Duty of persons suffering One hundred from dangerous dis rupees. eases. Section 372, Permission for opening Five hundred Fifty rupees. sub-section (3). new place for disposal of rupees. the dead or reopening of place. Section 373. Power to require closing Five hundred Fifty rupees. of burning and burial rupees. grounds. Section 376. Acts prohibited in One thousand Two hundred connection with disposal rupees and/or rupees. of dead. imprisonment for three months. Section 377. Disposal of dead ani One hundred Twenty mals. rupees. rupees. Section 387. Power of entry and in- Five hundred One hundred spection. rupees. rupees. Section 414. Prohibition against re- Two hundred "loval of mark. rupees. Section 415. Prohibition against ic- re- Two hundred fiioyal or obliteration of rupees. notice. Section 416. Prohibition against unau One thousand One hundred thorised inter-meddling rupees. rupees. With property of the mu nicipality.