West Bengal · Act 32 of 1990

The Chandernagore Municipal Corporation Act, 1990

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GOVERNMENT OF WEST BENGAL 

LAW DEPARTMENT 

Legislative 

West Bengal Act XXXII of 1990 

THE CHANDERNAGORE MUNICIPAL 
CORPORATION ACT, 1990. 

[Passed by the West Bengal Legislature.] 

[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary, of the 22nd September, 1993.] 

[22nd September, 1993.] 

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

to provide for the reconstruction of the Municipal Corporation of 
Chandernagore for better administration of the municipal affairs of 
Chandernagore. 

WHEREAS it is expedient to reconstitute the Municipal Corporation of 
Chandernagore for better administration of the municipal affairs of 
Chandernagore; 

It is hereby enacted in the Forty-first Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 

PART I 

CHAPTER I 

Preliminary 

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

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

2. In this Act, unless the context otherwise requires,— 

(1) "Assessment Book" means the Municipal Assessment Book 
and includes any books subsidiary thereto; 

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

Short title 
and 
commence-
ment. 

Definitions. 

531 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part L—Chapter I.—Preliminary.—Section 2.) 

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

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

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

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

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

(8) "casual vacancy" means a vacancy occuring otherwise than 
by efflux of time in the office of a Councillor or an Alderman 
or in any other elective office; 

(9) "Chandernagore" means the area described in schedule I; 
(10) "Chief Executive Officer" means the Chief Executive Officer 

of the Corporation; 
(11) "Corporation" means the Chandernagore Municipal 

Corporation established under this Act; 
(12) "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 purposes of sale or used for 

manufacture or preparation for sale of— 
(i) butter, or 

(ii) ghee, or 
(iii) cheese, or 
(iv) curds, or 
(v) dried, sterilized, condensed or toned milk, but does 

not include— 
(a) a shop or other place in which milk is sold 

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

or supplied in hermetically closed and 
unopened receptacles in the same original 
condition in which it was first received in such 
shop or other place; 

532 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 1.—Chapter 1.—Preliminary—Section 2.) 

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

(14) "dangerous disease" means— 
(a) cholera, plague, chicken-pox, tuberculosis, leprosy, 

enteric fever, cerebrospinal meningitis and diphtheria; 
and 

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

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

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

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

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

(19) "edible oil" means cocoanut oil, cotton seed oil, ground nut 
oilve oil and til (sesame) oil, in their pure state, linseed 

oil, mahua oil, mustard oil, rapeseed oil, poppy seed oil, sun-
flower oil, tara mira oil, niger seed oil, soyabean oil, maize 
oil, palm oil, palm karnel oil, and water-melon seed oil, in 
their pure state, imported sealed oil labelled as such, any 
vegetable oil prepared by hardening process such as 
hydrogenation and labelled as such and bearing in the label 
in English and Bengali the names of the oils entering into 
its composition and any other oil which the State Government 
may, by notification, declare to be an edible oil for the 
purposes of this Act; 

(20) "edible fat" means any fat prepared in the manner approved 
by the Health Officer from healthy goats, sheep, pigs, cows, 
buffaloes, or any other animal which the State Government 
may, by notification, specify for the purposes of this Act; 

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

533 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part 1.—Chapter 1.—Preliminary.--Section 2.) 

(22) "factory" means a factory as defined in the Factories Act, 63 of 1948. 

1948; 
(23) "filth " includes offensive matter and sewage; 
(24) "goods" includes animals; 
(25) "habitable room" means a room constructed or adapted for 

human habitation; 
(26) "house drain" means any drain of one or more premises used 

for the drainage of such premises; 
(27) "house-gully" or "service passage" means a passage or strip 

of land constructed, set apart or utilised for the purpose of 
serving as or carrying a drain or affording access to a latrine, 
urinal, cesspool or other receptacle of filth or other polluted 
matter, by municipal employees or other persons employed 
in the cleansing thereof for the removal of such matter 
therefrom; 

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

(29) "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; 

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

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

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

(33) "market" includes any place where persons assemble for the 
sale of, or for the purpose of exposing for sale, meat, fish, 
fruits, vegetables, animals intended for human food or any 

other articles of human food whatsoever, with or without the 
consent of the owner of such place notwithstanding that there 
may be no common regulation for the concourse of buyers 
and sellers and whether or not any control is exercised over 
the business of, or the persons frequenting, the market by 
the owners of the place or by any other person, declared and 
licensed by the Corporation as a market; 

534 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 1.—Chapter 1.—Preliminary.—Section 2.) 

(34) "member", in relation to the Corporation, means a Councillor 
or an Alderman thereof; 

(35) "milk" includes cream, skimmed milk, separated milk and 
condensed, sterilized, desiccated or toned milk; 

(36) "municipal authority" means any of the municipal authorities 
specified in section 3; 

(37) "municipal drain" means a drain vested in the Corporation; 
(38) "municipal market" means a market vested in or managed 

by the Corporation; 
(39) "municipal slaughter house" means a slaughter house vested 

in or managed by the Corporation; 
(40) "municipal water works" means a water works vested in the 

Corporation; 
(41) "notification" means a notification published in the Official 

Gazette; 
(42) "nuisance" includes any act, ommission, place, animal or 

thing which causes or is likely to cause injury, danger, 
annoyance or offence to the sense of sight, smell or hearing, 
or disturbance to rest or sleep, or which is or may be 
dangerous to life or injurious to health or property; 

(43) "occupier" inclUdes— 
(a) any person who, for the time being, is paying or is liable 

to pay to the owner the rent or any portion of the rent 
of the land or building in respect of which such rent is 
paid or is payable; 

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

(c) a rent-free tenant of any land or building; 
(d) a licensee in occupation of any land or building; and 
(e) any person who is liable to pay to the owner damages 

for the use and occupation of any land or building; 
(44) "offensive matter" includes animal carcasses, kitchen or 

stable refuse, dung, dirt and putrid or putrefying substande 
other than sewage; 

(45) "Official Gazette" means the Official Gazette of the State 
Government; 

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

535 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part 1.—Chapter 1.—Preliminary.—Section 2.) 

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

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

(47) premises means any land or building or part of a building, 
and includes— 
(a) the garden, ground and out-houses, if any, appertaining 

to a building or part of a building; and 
(b) any fitting affixed to a building or part of a building for 

the more beneficial enjoyment thereof; 
(48) "prescribed" means prescribed by rules made under this Act; 
(49) "private street" means any street, which is not a public street, 

and includes any passage securing access to two or more 
places belonging to the same or different owners; 

(50) "private market" means a market which is not a municipal 
market; 

(51) "private slaughter house" means a slaughter house which is 
not a municipal slaughter house; 

(52) "public building" means a masonry building constructed, 
used or adopted to be used— 
(a) as a place of public worship or as a school, college or 

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

(b) for any other public purpose; or 
(c) as a hotel, lodging house, home, refuge or shelter, where 

the building exceeds in cubical extent seven thousand 
cubic metres or has sleeping accommodation for more 
than one hundred persons; 

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

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

31 of 1950. 

536 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 1.—Chapter 1.—Preliminary—Section 2.) 

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

(56) "railway administration" has the meaning assigned to it in 
9 of 1890. 	 the Indian Railways Act, 1890; 

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

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

(59) "regulation" means a regulation made by the Corporation 
under this Act; 

(60) "reside" when used with reference to any person, means— 
(a) a person deemed to reside in any dwelling house which 

or some portion of which he sometimes, although not 
uninterruptedly, uses as a sleeping apartment, and 

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

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

(62) "rule" means a rule made by the State Government under 
this Act; 

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

(64) "service urinal" means a fixed urinal which is cleansed by 
hand; 

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

(66) "shed" means a slight or temporary structure for shed or 
shelter; 

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

537 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part 11.—Constitution and Government.—Chapter 11.— 
The Municipal Authorities.—Section 3.) 

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

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

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

(71) "trade refuse" means the refuse of any trade or industry; 

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

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

(74) "water course" includes any river, stream or channel, whether 
natural or artificial; 

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

(76) "workshop" means any premises (including the precincts 
thereof), other than a factory, wherein any industrial process 
is carried on; 

(77) "year" means a year commencing on the 1st day of April. 

The 
municipal 
authorities. 

PART II 

CONSTITUTION AND GOVERNMENT 

CHAPTER II 

The Municipal Authorities 

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

(a) the Corporation, 
(b) the Mayor-in-Council, and 
(c) the Mayor. 

538 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part IL—Constitution and Government—Chapter II.— 
The Municipal Authorities.—Sections 4, 5.) 

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

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

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

5. (1) The Corporation shall consist of the following members, 
namely:— 

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

(b) three Aldermen to be elected by the Councillors referred to 
in clause (a). 

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

Provided that— 
(a) two seats shall be reserved for the Scheduled Castes, 
(b) one seat shall be reserved for the Scheduled Tribes, and 
(c) five seats shall be reserved for the women. 

(3) For the purpose of reservation of seat— 
(a) for the Scheduled Castes, the ward having the highest and 

the ward having the next highest number of population of 
the Scheduled Castes shall each constitute a constituency, 
and 

(b) for the Scheduled Tribes, the ward having the highest number 
of population of the Scheduled Tribes shall constitute a 
constituency. 

Explanation.—For the purposes of this sub-section and sub-
section (4), the expression "population" shall mean the population as 
ascertained at the last preceding census of which the relevant figures 
have been published. 

(4) If any ward has the highest number of population of both the 
Scheduled Castes and the Scheduled Tribes, such ward shall constitute a 
constituency for the purpose of reservation of seat for the Scheduled 
Tribes, and the ward having the next highest number of population of 
the Scheduled Castes shall constitute a constituency for the purpose of 
reservation of seat for the Scheduled Castes. 

The 
Corporation. 

Constitution 
of the 
Corporation. 

539 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Election of 
Mayor and 
Chairman. 

Terms of 
office of 
Mayor and 
Chairman. 

(Part 11.—Constitution and Government—Chapter 11.—
The Municipal Authorities.—Sections 6, 7.) 

(5) For the purpose of reservation of seats for the women, any ward, 
other than the ward constituting a constituency for the purpose of 
reservation of seat for the Scheduled Castes or the Scheduled Tribes, 

shall constitute a constituency: 

Provided that the total number of seats reserved for the women under 
clause (c) of the proviso to sub-section (2) shall be reckoned seriatim, 

starting from ward number one, and by rotation. 

(6) The three Aldermen referred in clause (b) of sub-section (1) shall 

be elected in such manner as may be prescribed. 

6. The elected members of the Corporation shall elect from amongst 

themselves— 
(a) at the first meeting of the Corporation after a general 

election,— 

(i) one member to be the Mayor, and 

(ii) one member to be the Chairman, and 

(b) so often as a vacancy in the office of the Mayor or the 
Chairman as the case may be, occurs by reason of death, 
resignation, removal or otherwise and within one month of 
the occurrence of such vacancy, one 'member to be the Mayor 
or the Chairman, as the case may be, who shall assume office 
forthwith after taking such oath of secrecy as may be 

prescribed. 

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

(a) shall cease to hold office as such forthwith if he ceases to be 

a member of the Corporation; 

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

Corporation; 

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

Provided that'no such resolution shall be moved before the expiry of 
six months from the date of assumption of office by a Mayor or a 

Chairman, as the case may be: 

540 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 11.—Constitution and Government.—Chapter 11.—
The Municipal Authorities.—Sections 8, 9.) 

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

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

8. (I) There shall be a Mayor-in-Council consisting of the Mayor, 
the Deputy Mayor and such number of other elected members of the 
Corporation, not exceeding five, as the State Government may from time 
to time determine. 

(2) The Deputy Mayor and other elected members referred to in sub-
section (1) shall be nominated by the Mayor as soon as possible after he 
assumes office. 

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

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

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

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

Constitution 
of Mayor-in-
Council. 

9. A member of the Mayor-in-Council other than the Mayor shall 
hold office from the date of his nomination to the Mayor-in-Council 
until— 

(a) he ceases to be a member of the corporation, or 
(b) he resigns his office by writing under his hand addressed to 

the Mayor in which case the resignation shall take effect 
from the date of its acceptance, or 

(c) he is removed from office by a written order of the Mayor, or 
(d) the Mayor ceases to hold office, or 
(e) a newly elected Mayor in the event of the death of a Mayor 

enters upon his office. 

Term of 
office of 
members of 
Mayor-in-
Council. 

541 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Municipal 
Accounts 
Committee. 

(Part 11.—Constitution and Government.—Chapter 11.—
The Municipal Authorities.—Section 10.) 

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

Municipal Accounts Committee. 
(2) The Municipal Accounts Committee shall consist of— 

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

election; and 
(b) such number of persons, not being, more than two and not 

being members or officers or other employees of the 
Corporation, having knowledge and experience in financial 
matters, as may be nominated by the Mayor-in-Council. 

(3) The members of the Municipal Accounts Committee shall elect 

from amongst themselves one member to be its Chairman. 

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

is constituted. 
(5) Subject to the provisions of this Act and the rules and the 

regulation made thereunder, it shall be the duty of the Municipal Accounts 

Committee— 
(a) to examine the accounts of the Corporation showing the 

appropriation of sums granted by the Corporation for its 
expenditure and the annual financial accounts of the 

Corporation; 

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

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

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

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

542 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 19901 

(Part II.—Constitution and Government—Chapter II.— 
The Municipal Authorities.—Section 11.) 

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

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

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

11. (1) The Corporation shall, at its first meeting after the election Borough 

of members thereto or as soon as may be thereafter, group the wards Committee.  
into five boroughs so that each borough consists of not less than 
seven contiguous wards and constitute a Borough Committee for each 
B oroug- h. 

(2) Each Borough Committee shall consist of the Councillors, other 
than the members of the Mayor-in-Council, 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. 

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

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

543 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part 1L—Constitution and Government—Chapter 11.— 
The Municipal Authorities.—Sections 12-15.) 

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

regulations. 

12. (1) The Corporation shall, at its first meeting after each general 
election or as soon as may be thereafter, constitute an Education 
Committee for ensuring general control and supervision of primary and 
secondary schools maintained by the Corporation under any law in force 
immediately before the coming into force of this Act. 

(2) The constitution, powers and duties of the Education Committee 
shall be such as may be provided for by rules to be made by the State 
Government after considering the views of the Corporation. 

13. (1) The Corporation shall, at its first meeting after each 
general election or as soon as may be thereafter, constitute a Poor Fund 
Committee for the administration of the Poor Fund maintained by the 
Corporation under any law in force immediately before the coming into 

force of this Act. 

(2) The constitution, powers and duties of the Poor Fund Committee 
shall be such as may be provided for by rules to be made by the State 
Government after considering the views of the Corporation. 

14. The Mayor, the Chairman, the Deputy Mayor, the members of 
the Mayor-in-Council and the members of the Committee constituted in 
accordance with the provisions of this Chapter shall be given such 

remuneration and facilities as may be prescribed. 

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

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

Corporation may decide. 

(3) The Committee shall formulate its own procedure for conduct of 

business, subject to the approval of the Corporation. 

Education 
Committee. 

Poor Fund 
Committee. 

Remunnera-
don and 
facilities 
of Mayor, 
Chairman, 
Deputy 
Mayor, 
members of 
the Mayor-
in-Council 
and members 
of 
Committee. 

Appointment 
of special 
committees. 

544 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 11.—Constitution and Government.—Chapter 111.— 
A. Officers and other employees of the Corporation.—Section 16.) 

CHAPTER III 

A. Officers and other employees of the Corporation 

16. ( I ) The Corporation shall have the following officers, 
namely:— 

(a) the Chief Executive Officer, 
(b) the Chief Engineer, 
(c) the Health Officer, 
(d) the Finance Officer, 
(e) the Assessor, 
(f) the Collector of Taxes, and 
(g) the Secretary. 

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

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

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

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

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

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

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

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

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

Officers of 
the 
Corporation. 

545 



The Chandernagore Municipal Corporation Act, 1990. 

Salary and 
other 
conditions of 
service of 
Chief 
Executive 
Officer and 
other 
Officers 
appointed 
by the State 
Government. 

[West Ben. Act 

(Part 11.—Constitution and Government.—Chapter 111.— 
A. Officers and other employees of the Corporation.—Sections 17, 18.) 

17. (1) The Chief Executive Officer and the Finance Officer shall 

be paid out of the Municipal Fund such salaries and allowances as may. 

from time to time, be determined by the State Government. 

(2) If any of the officers referred to in sub-section (1) is in the service 

of Government, the Corporation shall make such contribution towards 
his passages, leave allowances, pension and provident fund as may be 

required by or under the conditions of his service under Government or 
the terms and conditions of his service under the Corporation, as the 

case may be, to be paid by or for him. 

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

Provided that— 

(a) the amount of leave and leave allowances or retirement 
benefits shall in no case, except with the special sanction of 

the State Government, exceed the amount admissible to 
Government servants of equivalent rank; and 

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

Establishment 
of the 
Corporations. 

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

the establishment of the Corporation. 

(2) The Corporation shall, by regulation, classify the posts of officers 

and employees constituting the establishment of the Corporation into 
such categories as it may consider necessary and shall maintain a Schedule 
of posts indicating the designation, grade and number of sanctioned posts 

within such category. 

(3) The Mayor-in-Council shall consider any proposal for revision 
in the schedule of posts and place the same with its recommendation, if 
any, before the Corporation for approval before that presentation of the 

budget estimate to the Corporation by the Mayor: 

Provided that no upward revision of the size of the establishment of 

the Corporation shall be made without the prior sanction of the State 
Government if the number of posts to be created in a year is more than 

one per cent, of the total number of posts comprised in the establishment: 

546 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part H.-Constitution and Government.—Chapter 111.— 
A Officers and other employees of the Corporation.—Sections 19, 20.—

B. Municipal Service Commission.—Section 21.) 

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

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

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

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

B. Municipal Service Commission 

21. (1) The Corporation may constitute a Municipal Service 
Commission to be known as the Chandernagore Municipal Service 
Commission consisting of— 

(a) a Chairman, and 

(h) two other members. 

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

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

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

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

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

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

Appointment. 

Terms and 
conditions of 
service of 
officers and 
employees. 

Constitution 
of Municipal 
Service 
Commission. 

547 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part 11.—Constitution and Government.—Chapter 111.—B. Municipal Service 
Commission.—Sections 22, 23.-C. Powers and functions of the Municipal 

Authorities and the Officers of the Corporation.—Sections 24, 25.) 

Payment of 
salaries and 
allowances 
of the 
Chairman 
and other 
members, 
officers and 
employees of 
the 
Municipal 
Service 
Commission. 

Selection of 
personnel. 

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

23. (1) Notwithstanding the provisions of section 21 or section 22, 
the Municipal Service Commission (hereinafter referred to in this section 
as the said Commission) constituted under sub-section (1) of section 26 
of the Calcutta Municipal Corporation Act, 1980 (hereinafter referred to 
in this section as the said Act), shall, by virtue of sub-section (5A) of 
section 26 of the said Act, select such personnel for the Corporation as 
may be determined by the State Government by notification under sub-
section (5A) of section 26 of the said Act, and it shall be binding on the 
Corporation to appoint the personnel selected by the said Commission. 

(2) Any amount of contribution payable by the Corporation under 
sub-section (2) of section 29 of the said Act shall, in accordance with the 
provisions of sub-section (2) of section 20 of the said Act, be credited by 
the Corporation to the Municipal Fund of the Calcutta Municipal 
Corporation. 

West Ben. 
Act LIX of 
1980. 

Powers and 
functions of 
the Mayor-
in-Council. 

Powers and 
functions of 
the Mayor. 

C. Powers and functions of the Municipal Authorities 
and the Officers of the Corporation 

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

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

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

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

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

548 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 11.—Constitution and Government.—Chapter 111.— 
C. Powers and functions of the Municipal Authorities and the 

Officers of the Corporation.—Sections 26, 27.) 

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

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

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

26. (1) In the event of the occurrence of any vacancy in the office of The Deputy  

the Mayor by reason of his death, the Deputy Mayor shall act as Mayor Mayor to act 
as Mayor or 

until the date on which a new Mayor elected in accordance with the to discharge 

provisions of this Act to fill such vacancy enters upon his office. 	the 
of Mayor

funions 

(2) When the Mayor is unable to discharge the functions of the Mayor during 
casual 

owing to absence, illness or any other cause, the Deputy Mayor shall  vacancy in 
ice of discharge his functions until the date on which the Mayor resumes his Mayor or 

duties. 	 during the 
absence of 

(3) Subject to the other provisions of this Act, the Deputy Mayor Mayor. 

shall, while acting as, or discharging the functions of, the Mayor under 
this section, have all the powers of the Mayor. 

27. The Chief Executive Officer shall be the principal Executive 
Officer of the Corporation and shall, subject to the supervision and control 
of the Mayor,— 

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

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

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

(d) be responsible for the preparation of the annual report on 

the working of the Corporation and such report shall be 

Powers and 
functions of 
the Chief 
Executive 
Officer. 

549 



The Chandernagore Municipal Corporation Act, 1990. 

Powers and 
functions of 
the Secretary. 

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

Delegation 
of powers 
and 
functions. 

[West Ben. Act 

(Part 11.—Constitution and Government.—Chapter III.—
C. Powers and functions of the Municipal Authorities and the 

Officers of the Corporation.—Sections 28-30.) 

prepared as soon as may be after the first day of April each year and not 
later than such date as may be fixed by the State Government and shall 
be placed before the Corporation for consideration before the same is 

forwarded to the State Government. 

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

the Chief Executive Officer. 
(2) The Secretary shall be responsible for the custody of all papers 

and documents connected with the proceedings of the Corporation and 
the Municipal Accounts Committee and of other committees, if any, and 
shall preserve the same in such manner and for such period as may be 

determined by regulations. 

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

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

functions to the Mayor-in-Council. 

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

(3) Subject to such standing orders as may be made by the Mayor-

in-Council in this behalf,— 
(a) the Mayor may by order delegate, subject to such conditions 

as may be specified in the order any of his powers or functions 
to the Deputy Mayor or to the Chief Executive Officer; 

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

of the Corporation; and 

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

to any other officer subordinate to him. 

550 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 11.—Constitution and Government.—Chapter 111.—C. Powers and functions 

of the Municipal Authorities and the Officers of the Corporation.—Section 31.— 
Chapter IV—Election of Councillors and Aldermen.—Sections 32-34.) 

(4) Notwithstanding anything contained in this section, the Mayor- 

in-Council, the Mayor, the Chief Executive Officer, or the other officer 

referred to in clause (c) of sub-section (3) shall not delegate— 

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

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

31. If any doubt arises as to whether any particular power or function Doubts as to 
appertains to any municipal authority or the Chief Executive Officer, the powers Of 

functions of 
Mayor shall refer the matter to the State Government and the decision municipal 

ri thereon of the State Government shall be final. 	 au ho ties.  

CHAPTER IV 

Election of Councillors and Aldermen 

32. There shall be an electoral roll for Chandernagore showing  the 

names of persons qualified to vote and the electoral roll shall be prepared 
in accordance with the provisions of this Act and the rules made 
thereunder. 

33. ( 1 ) A person shall be disqualified for registration in the electoral 
roll if he— 

(a) is not a citizen of India, or 

(b) is of unsound mind 'and stands so declared by a competent 
court, or 

(c) is for the time being disqualified from voting under the 

provisions of this Act or any other law relating to corrupt 
practices and other offences in connection with elections. 

(2) The name of any person who becomes so disqualified after 
registration shall forthwith be struck off the electrol roll: 

Provided that the name of any person struck off by reason of a 
disqualification under clause (c) of sub-section (1) shall forthwith be 

restored if such disqualificatiOn is, during the period such roll is in force, 
removed under any law authorising such removal. 

34. No person shall be entitled to be registered in the electoral roll 

for more than one constituency or for more than once in the electoral roll 
of any constituency. 

Electoral roll 
for Chander-
nagore. 

Disquali-
fication for 
registration 
in electoral 
roll. 

Bar to 
registration 
for more than 
once. 

551 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Authority for 
preparation 
and revision 
of roll. 

Condition for 
registration. 

Meaning of 
ordinarily 
resident. 

(Part 11.—Constitution and Government.—Chapter I/—Election 
of Councillors and Aldermen.—Sections-35-37.) 

35. (1) The State Government shall, by notification, and on such 
terms and conditions as it thinks fit, appoint an election authority and 
such number of assistant election authorities as may be necessary for the 
preparation, publication, revision, correction and maintenance of the 

electoral roll and for holding of elections under this Act. 

(2) The election authority may appoint such staff for such period 

and on such pay as the State Government may sanction. 

(3) The salary of the election authority, the assistant election 

authorities and the staff appointed under sub-section (2) and all other 
expenses relating to the establishment of such authority or authorities 

shall be paid out of the Municipal Fund. 

36. Subject to the other provision of this Act, every person, who— 

(a) is not less than eighteen years of age on the qualifying date, 

and 

(b) is ordinafily resident in Chandernagore shall be entitled to 
be registered in the electoral roll for Chandernagore. 

Explanation.—For the purposes of this Chapter, the expression 

"qualifying date" in relation to the preparation or revision of an electoral 
roll, shall mean the first day or such month of the year in which it is so 
prepared or revised as may be specified by the State Government by 

notification. 

37. (1) A person shall be deemed to be ordinarily resident in 
Chandernagore if he generally resides in Chandernagore for a period of 
not less than one hundred and eighty-five days in a period of twelve 

months preceding the qualifying date: 

Provided that— 

(a) a person shall not be deemed to be ordinarily resident in 
Chandernagore on the ground only that he owns, or is in 

possession of, a dwelling house therein, or 

(b) a person, who is a patient in any establishment maintained 
wholly or mainly for the reception and treatment of persons 
suffering from mental diseases or who is detained in prison 
or other legal custody at any place, shall not by reason thereof 

be deemed to be ordinarily resident therein. 

Explanation.—A person shall be deemed to "reside" in any dwelling 

house or hut which or some portion of which he sometimes, although 
not uninterruptedly, uses as a sleeping apartment, and such person shall 

552 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part IL—Constitution and Government.—Chapter IV—Election 
of Councillors and Aldermen.—Section 38.) 

not be deemed to have ceased to "reside" therein merely because he is 
absent from it or has elsewhere another dwelling house or hut in which 
he resides, if there is the liberty of returning to it or if there is no 
abandonment of the intention of returning to it at any time. 

(2) If in any case a question arises as to whether a person is ordinarily 
resident in Chandernagore at any relevant time, the question shall be 
determined with reference to all the facts of the case and to such rules as 
may be made in this behalf by the State Government. 

38. ( I ) The electoral roll for Chandernagore shall be prepared by Preparation, 

the election authority in the prescribed manner by reference to the revision 
correctioand n of 

qualifying date and shall come into force immediately upon its final electoral roll. 

publication in accordance with the rules made by the State Government: 

Provided that the electoral roll for the time being in force for the 
election of members to the West Bengal Legislative Assembly so far as it 
relates to the area of the city of Chandernagore may be adopted as the 
electoral roll for the Corporation. 

(2) The electoral roll shall be prepared separately for each 
constituency, there being several parts for different areas within each 
constituency. 

(3) The electoral roll shall, unless otherwise directed by the State 
Government for reasons to be recorded in writing, be revised— 

(i) before each general election to the Corporation, and 

(ii) before each bye-election to fill a casual vacancy. 

(4) If the election authority, on an application made to it or of its 
own motion, is satisfied after such enquiry as it thinks fit that any entry 
in the electoral roll is or has been erroneous or defective in any particular, 
the election authority shall, subject to such general or special directions, 
if any, as may be given by the State Government in this behalf, correct 
the entry. 

(5) Save as otherwise provided in this Act, every person whose name 
is included in such part of the electoral roll for the time being in force for 
the election of members to the West Bengal Legislative Assembly as 
relates to the area comprised within a ward of the Corporation shall, so 
long as such roll remains in force, be entitled to vote at an election for 
the ward where his name so included: 

Provided that no such person shall vote at an election of Councillors, 
if he— 

(a) has been adjudged by a competent Court to be of unsound 
mind, or 

553 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Appeal. 

Bar to 
jurisdiction 
of Civil 
Courts. 

General 
qualifications 
for being 
elected 
Councillor or 
Alderman. 

Term of 
office of 
Councillors 
and 
Aldermen. 

(Part 11.—Constitution and Government.—Chapter 1V—Election 
of Councillors and Aldermen.—Sections 39-42.) 

(b) has voluntarily acquired the citizenship of a foreign State, 

or • 

(c) has been convicted of an offence under Chapter IXA of the 
Indian Penal Code punishable with imprisonment, or has 45 of 1860. 

been found in a proceeding by the Court to have committed 
a corrupt practice within the meaning of this Act. 

39. An appeal by any person aggrieved by any entry, in, or omission 
from, the electoral roll or by any order or decision of the election authority 
shall, in accordance with such procedure as may be prescribed, lie to 
such appellate authority as the State Government may, by notification, 

appoint: 

Provided that this provision shall not apply to a case where the 
electoral roll for election of members to the West Bengal Legislative 
Assembly has been adpoted as the electoral roll for the Corporation. 

40. No civil court shall have jurisdiction— 

(a) to entertain or adjudicate upon any question whether any 
person is or is not entitled to be registered in the electoral 

roll, or 

(b) to question the legality of any action taken by or on behalf of 
the election authority under this Act. 

41. A person shall not be qualified for being elected a Councillor or 

Alderman, if he— 
(a) is not entitled to vote at the election for any constituency of 

the Corporation; or 
(h) is under twenty-one years of age; or 

(c) is an officer or employee of the Corporation; or 

(d) has any share or interest, direct or indirect, in any contract 
or employment with, by or on behalf of the Corporation; or 

(e) has not paid any sum certified by the auditors to be due from 

him. 

42. (1) A Councillor or an Alderman shall hold office for a term of 
five years from the date of his election as Councillor or Alderman, as the 

case may be: 
Provided that a Councillor or an Alderman elected against a casual 

vacancy shall hold office for the unexpired portion of the term of office 
of the Councillor or the-Alderman, as the case may be, whose place he 

fills. 

554 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 11—Constitution and Government.—Chapter 1V—Election 

of Councillors and Aldermen.—Section 43, 44.—

Chapter V.—Conduct of Business.—Section 45-47.) 

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

43. A person shall not be qualified for being elected as an Alderman Bar to 
if he was a candidate for being elected as a Councillor in a general election 	election as 

immediately preceding the election of Aldermen. 	 Alderman.  

44. The procedure for holding elections of the Councillors and Procedure 
Aldermen shall be such as may he prescribed. 	 for holding 

elections. 

CHAPTER V 

Conduct of Business 

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

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

Nomination 
of a panel of 
presiding 
officers. 

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

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

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

47. (1) The first meeting of the Corporation after a general election 
shall be held as early as possible after the publication of the results of the 
election of Aldermen under the rules made under this Act and shall be 
convened by the Chief Executive Officer. 

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

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

First meeting 
of the 
Corporation 
after general 
election. 

555 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Notice of 
meeting and 
list of 
business. 

Quorum. 

(Part 11.—Constitution and Government.—Chapter V—
Conduct of Business.— Sections 48, 49.) 

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

Officer may determine. 

(4) The Presiding Officer shall report to the State Government the 
names of the 'persons elected as Mayor or Chairman and the State 

Government shall publish such names in the Official Gazette. 

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

so given: 

Provided that any member of the Corporation may send or deliver to 
the Chief Executive Officer notice of any resolution so as to reach him at 
least seventy-two hours before the time fixed for the meeting and the 
Chief Executive Officer shall with all possible despatch take steps to 
circulate such resolution to every member of the Corporation in such 

manner as he may think fit. 

Explanation.—In this section, "registered address" means the address 

for the time being entered in the register of addresses of members of the 
Corporation to be maintained by the Secretary. 

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

members of the Corporation. 

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

there is a quorum. 

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

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

such meeting. 

556 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 11.—Constitution and Government—Chapter V—
Conduct of Business.—Sections 50-54.) 

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

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

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

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

Presiding 
Officer of 
a meeting 
of the 
Corporation. 

51. (1) Any Councillor or Alderman may give notice of raising Discussion 

discussion on a matter of urgentpublic importance to the Secretary, on urgent 
public 

specifying the matter to be raised. 	 matters. 

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

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

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

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

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

Questions 
on matter 
relating to 
adminis-
tration. 

Statements 
on matters 
relating to 
adminis-
tration. 

Circulation 
of minutes 
and 
inspection of 
minutes and 
reports of 
proceedings. 

557 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part 11.—Constitution and Government.—Chapter VI.—
Control.— Sections 55, 56.) 

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

(3) The manner of transaction of business in the meetings of the 
Corporation not specifically provided for in this Act shall be such as 
may be determined by the Corporation by regulations. 

CHAPTER VI 

Control 

Power of 
the State 
Government 
to supersede 
the 
Corporation. 

Consequences 
of 
supersession. 

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

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

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

(b) such representation has been considered by the State 
Government. 

(2) The State Government may, if it considers necessary so to do, by 
order extend the period of supersession so, however, that the total period 
of supersession does not exceed eighteen months. 

56. ( ) With effect from the date of an order made under 
section 53,— 

(a) all members of the Corporation, the Mayor-in-Council and 
any Committee of the Corporation constituted under this Act 
shall vacate their respective offices except in a case where 
the supersession is partial, and 

(b) all the powers and the duties, which under the provisions of 

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

behalf: 

558 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 111.—Finance. 	Chapter VII.—The Municipal Fund, 
Budget, Loans, Accounts and Audit.—Section 57.) 

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

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

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

(3) Every order made by the State Government.  under sub-
section (1), or sub-section (2), of section shall be laid, as soon as may be 
after it is made, before the State Legislature, while it is in session, for a 
total period of fourteen days which may be comprised in one session or 
in two or more successive sessions. 

PART III 

FINANCE 

CHAPTER VII 

The Municipal Fund, Budget, Loans, Accounts and Audit 

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

(2) The Municipal Fund shall be maintained in the following for 
accounts, namely:— 

(a) the Water-supply, Sewerage and Drainage Account, 
(b) the Road Development and Maintenance Account, 
(c) the Bustee Services Account, and 
(d) the General Account. 

(3) All moneys payable to the Municipal Fund in the different 
accounts referred to in sub-section (2) shall forthwith be paid into the 
State Bank of India or in any other bank approved by the State 
Government in this behalf, to the credit of the accounts which shall 
respectively he styled as— 

(a) the Water-supply, Sewerage and Drainage Account of the 
Municipal Fund of the Chandernagore Municipal 
Corporation, 

(h) the Road Development and Maintenance Account of the 
Municipal Fund of the Chandernagore Municipal 
Corporation, 

559 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part III—Finance.—Chapter VIL—The Municipal Fund, 
Budget, Loans, Accounts and Audit.—Sections 58-62.) 

(c) the Bustee Services Accounts of the Municipal Fund of the 

Chandernagore Municipal Corporation, and 

(d) the General Account of the Municipal Fund of the 

Chandernagore Municipal Corporation. 

Payment to 
Corporation 
to meet the 
cost of 
administra-
tion of Poor 
Fund. 

Application 
of Municipal 
fund. 

Operation of 
bank 
account. 

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

Investment 
of surplus 
moneys. 

58. The State Government shall pay annually to the Corporation a 

sum of not less than twenty-five thousand rupees to meet the cost of 
maintenance and administration by the Corporation of the Poor Fund 

referred to in section 13. 

59. Subject to the provisions of section 57, the moneys credited from 
time to time to the Municipal Fund shall be applied for payment of all 
sums, charges and costs necessary for carrying out the purposes of 
this Act and the rules and the regulations made thereunder or for pay-
ment of all sums payable out of the Municipal Fund under any other 
enactment for the time being in force or under any arrangement approved 

by the State Government. 

60. Subject to the other provisions of this Act, payment from the 
Municipal Fund shall be made in such manner as may be determined 
by regulations, and the accounts referred to in section 57 shall be operated, 
by such officers of the Corporation as may be authorised by the 

Corporation by regulations. 

61. No payment of any sum out of the Municipal Fund shall be made 
unless the expenditure is covered by a current budget grant and a sufficient 
balance of such budget grant is available notwithstanding any reduction 

or transfer thereof under the provisions of this Act. 

62. Surplus moneys standing at the credit of any of the accounts of 
the Municipal Fund which cannot, immediately or at an early date, be 

applied for the purposes of this Act by the Corporation may, in accordance 
with such rules as may be made by the State Government in this behalf, 
be transferred by the Corporation either in whole or in part to any other 

account of the Municipal Fund: 

Provided that no such money shall be transferred permanently from 
any one account to any other account of the Municipal Fund without the 

previous approval of the State Government. 

560 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 111.—Finance.—Chapter VII.—The Municipal Fund, 
Budget, Loans, Accounts and Audit.—Sections 63, 64.) 

63. (1) The Corporation shall, on or before the 2nd day of March in 
each year, adopt for the ensuing year a budget estimate of the income 
and the expenditure of the Corporation to be received and incurred on 
account of the municipal government of the city. 

(2) The budget estimate shall separately state the income and the 
expenditure of the Corporation to be received and incurred in terms of 
the following accounts, namely:— 

(a) the Water-supply, Sewerage and Drainage Account, 

(b) the Road Development and Maintenance Account, 

(c) the Bustee Services Account, and 

(d) the General Account. 

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

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

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

(6) The budget estimate shall be prepared, presented and adopted in 
such form, and in such manner, and shall provide for such matters, as 
may be determined by regulations. 

(7) The Corporation may from time to time revise the budget estimate 
of a year during the course of that year, in due consideration of the 
recommendation of the Mayor-in-Council in that behalf. 

64. The Corporation may, by a resolution passed at a meeting, from 
time to time raise a loan, by the issue of debentures or otherwise on the 

security of the consolidated rate or of all or any of the taxes, fees and 
dues under this Act, or on the guarantee by the State Government, of any 
sum of money which may be required— 

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

(h) for the acquisition of land or building for the purposes of 
this Act, or 

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

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

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

Annual 
Budget. 

Power of the 
Corporation 
to raise loan. 

561 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Limit to the 
power to 
raise loan. 

Grant of the 
Corporation 
to open a 
credit 
account with 
a bank. 

Repayment 
of loan. 

Form and 
effect of 
debentures. 

(Part 111—Finance.—Chapter V11.—The Municipal Fund, 
Budget, Loans, Accounts and Audit.—Sections 65-68.) 

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

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

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

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

66. Notwithstanding anything contained in section 64, whenever 
the raising of any loans has been sanctioned by the State Government 
under that section, the Corporation may, instead of raising such loan or 
any part thereof from the public, take credit, on such terms as may be 
approved by the State Government, from any bank on a cash account to 
be kept in the name of the Chandernagore Municipal Corporation Cash 
Account to the extent of such loan or any part thereof and, with the 
sanction of the Government, may grant mortgages of all or any of the 
properties vested in the Corporation by way of securing the repayment of 
the amount of such credit or of the sum advanced from time to time on 
such cash account with interest. 

67. Every loan raised by the Corporation under section 64 shall be 
repaid within the period approved under that section and by such of the 
following methods as may be approved by the State Government, 

namely:— 
(a) from a Sinking Fund established under section 69 in respect 

of such loan, or 

(b) partly from such Sinking Fund and partly from the loan raised 
for the purpose under section 64. 

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

562 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 111—Finance.—Chapter VIL—The Municipal Fund, 
Budget, Loans, Accounts and Audit.—Sections 69-72.) 

69. (1) The Corporation shall establish a separate Sinking Fund in 
respect of each loan raised under section 61 and shall pay into such fund 
every six months a sum so calculated that if regularly paid, such sum 
together with the compound interest accrued thereon would be sufficient, 
after payment of the all expenses, to pay off the loan within the period 
approved by the State Government under the proviso to section 64. 

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

70. (1) All moneys paid into a Sinking Fund shall as soon as possible 
he invested by the Corporation:— 

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

or 	 • 
(c) debentures issued by the Corporation, or 
(d) debentures issued, if any, by the Chandernagore Development 

Authority, or 
(e) any public securities approved by the State Government and 

shall he held by the Corporation for the purpose of repaying 
from time to time the loans raised by it by the issue of 
debentures or otherwise. 

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

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

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

Sinking 
Fund. 

Investment 
of the 
amount of 
the Sinking 
Fund. 

71. Until any loan is wholly repaid, the Corporation shall not apply 	Application 

any Sinking Fund established under this Act in respect of such loan for of the 

Funds. 
 Sinking 

any purpose other than the purpose of repayment of such loan. 

72. (1) The Chief Executive Officer shall, at the end of each year, Statement of 

prepare a statement showing— investments. 

(a) the amount which has been invested during the year under 
section 70, 

(h) the date of the last investment made during the year, 
(c) the aggregate amount of securities then in the hands of the 

Corporation, and 
(d) the aggregate amount which has, up to the date of the 

statement, been applied for the purpose of repayment of loan 
under section 71. 

563 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Annual 
examination 
of Sinking 
Funds. 

Power of the 
Corporation 
to borrow 
money from 
the State 
Government. 

(Part 111.—Finance.--Chapter V11.--The Municipal Fund, 
Budget, Loans, Accounts and Audit.—Sections 73, 74.) 

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

73. (1) All Sinking Funds established under this Act shall be subject 
to annual examination by the auditors appointed under section 80, who 
shall ascertain whether the cash and the value of the securities belonging 
thereto are equal to the amount which should be at the credit of such 
funds had investments under section 70 been regularly made and had 
the interest accruing on account of such investments been regularly 
obtained. 

(2) The amount which should be at the credit of a Sinking Fund 
shall be calculated on the basis of the sums credited to such fund under 
sub-section (1) of section 70. 

(3) The value of securities belonging. to a Sinking Fund shall be 
their current value, unless such securities become due for redemption at 
par with or above their face value before maturity in which case their 
current value shall be taken as their redemption value, except in the case 
of debentures issued by the Corporation which shall always be valued at 
par with their face value, provided that the Corporation shall make good 
immediately any loss owing to the sale of such debentures for repayment 
of the loan raised under section 64. 

(4) The Corporation shall forthwith pay into any Sinking Fund such 
amount as the auditors appointed under section 80 may certify to be 
deficit unless the State Government specially sanctions a gradual 
readjustment of such deficit in respect of such fund. 

(5) If the cash and the value of the securities at the credit of any 
Sinking Fund are in excess of the amount which should be at its credit, 
the auditors appointed under section 80 shall certify the amount of such 
excess sum and the Corporation may thereupon transfer the excess sum 
to the Municipal Fund in the General Account. 

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

74. (1) The Corporation may borrow money from the State 
Government for carrying out of the purposes of this Act, other than those 
referred to in section 64, on such terms and conditions as the State 
Government may determine. 

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

564 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 111.—Finance.—Chapter VIL—The Municipal Fund, 
Budget, Loans, Accounts and Audit.—Sections 75-78.) 

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

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

75. If the Corporation fails to make any payment or to transfer any 
sum under sub-section (4) or sub-section (5) of section 73, the State 
Government may attach the.  Municipal Fund or any portion thereof 
and thereupon the provisions of section 74 shall, with all necessary 
modifications, apply. 

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

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

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

. may direct. 

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

78. (1) The Finance Officer shall— 
(a) report to the Mayor-in-Council any material impropriety 

or irregularity which he may at any time observe, in the 
expenditure or in the recovery of moneys due to the 
Corporation or in the accounts of the Corporation; 

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

Attachment 
of Municipal 
Fund for 
securing any 
payment into 
Sinking 
Fund. 

Accounts.. 

Audit of 
account by 
Finance 
Officer. 

Report by 
the Finance 
Officer. 

565 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Power of the 
Finance 
Officer to 
call for 
vouchers. 
etc. 

Appointment 
of Auditors. 

(Part III—Finance.—Chapte. VIL—The Municipal Fund, 
Budget, Loans, Accounts and Audit.—Sections 79, 80.) 

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

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

(4) The Secretary shall cause such report to be printed and circulated 
among the Councillors and the Aldermen. 

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

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

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

accounts. 
(2) The Chief Executive Officer shall submit accounts to auditors as 

required by them: 
Provided that the Chief Executive Officer shall not be bound to submit 

accounts of expenditure in connection with any anti-corruption work 
but shall, if so required by the auditors, furnish certificate under his 
signature of all such expenditure. 

(3) The auditors so appointed may, 

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

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

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

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

566 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 111.—Finance.—Chapter VIL—The Municipal Fund, 
Budget, Loans, Accounts and Audit.—Sections 81-83.) 

81. The auditors appointed under section 80 shall— 

(a) report to the Mayor-in-Council any material impropriety or 

irregularity which they may observe in the expenditure, or 

in the recovery of moneys due to the Corporation, or in the 
accounts of the Corporation; 

(b) report to the Mayor-in-Council any loss or waste of money 

or other property owned by or vested in the Corporation which 
has been caused by neglect or misconduct and may, if they 

think fit, report the names of the persons who in their opinion 
are directly or indirectly responsible for such loss or waste; 

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

(d) as soon as may be after -the completion of audit, deliver to 

the Mayor-in-Council a report upon the accounts of the 
Corporation and submit a duplicate copy thereof to the 
Corporation; 

(e) conduct a special audit, when so directed by the State 
Government or the Corporation, on any receipt or expenditure 

of the Corporation or examine any accounts of stores and 
stocks and submit a report upon the same to the Mayor-in-
Council and the Corporation; 

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

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

Provided that if there is a difference of opinion between the Mayor-

in-Council and the auditors the Mayor-in-Council, or if the Mayor-in-

Council does not remedy any defect or irregularity within a reasonable 
period, the auditors shall refer the matter to the State Government as 

soon as possible and it shall be within the competence of the State 
Government to pass such orders thereon as it thinks fit. 

Report and 
information 
to be 
furnished by 
auditors. 

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

83. (1) The Corporation shall refer all reports received under section Reference of 
reports to 8 I to the Municipal Accounts Committee for their examination and report 
Municipal under section 10. 
Accounts 

it (2) The report of the Municipal Accounts Committee shall be Comm tee. 
 

discussed at a meeting of the Corporation for such decision as the 
Corporation may think fit: 

567 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Powers of the 
auditors to 
disallow, 
surcharge 
and charge 

Rights of 
appeal to a • 
Civil Court 
or the State 
Government. 

Payment of 
certified 
amount. 

(Part III—Finance.—Chapter VII—The Municipal Fund, 
Budget, Lbans, Accounts and Audit—Sections 84-86.) 

Provided that if no report is received from the Municipal Accounts 
Committee, the Corporation shall be competent to discuss the auditors' 
reports under section 81 for such decision as it thinks fit. 

(3) The Corporation shall publish the auditors' reports referred to 
in section 81 together with the reports of the Municipal Accounts 
Committee, if any, and the decision of the Corporation thereon, in 
accordance with such rules as may be prescribed. 

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

such person. 
(2) The auditors shall record the reasons for every disallowance, 

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

Government under section 81. 

85. Any person from whom any sum has been certified by the auditors 
under section 84 to be due may, within one month after he has received 
or has been served with the certificate, either— 

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

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

86. Where an amount is certified under sub-section (I) of section 84 
to be due from any person, such amount, or where such person proceeds 
under section 85, such amount as the Court or the State Government, as 

568 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 111.—Finance.—Chapter 1/11.—The Municipal Fund, 
Budget, Loans, Accounts and Audit.—Sections 87-89.) 

the case may he, may decide to be due from such person, shall be paid 
within three months from the date of certificate under sub-section (1) of 
section 84 or, as the case may be, within such period, not less than three 
months from the date of such decision, as the Court or the State 
Government, as the case may be, may allow and in the case of default of 
payment, the amount shall be recoverable by the Corporation as an amount 
decreed by the Civil Court. 

87. (1) Any cost allowed by the Court under clause (a) of section 85 
shall he paid Out of the Municipal Fund within such period as the State 
Government may fix in this behalf. 

(2) If the Corporation fails to pay such cost within the period fixed 
by the State Government under sub-section (1), the State Government 
may attach the Municipal Fund or any portion thereof and the provisions 
of sub-section (2) of section 74 shall, with all necessary modifications, 
he deemed to apply in respect of such attachment. 

88. Where a person from whom an amount is certified to be due 
under sub-section (1) of section 84 is a member of the Corporation or of 
a committee thereof or is an officer or employee of the Corporation and 
where such person has not paid such amount within three months from 
the date of such certificate, or where an amount declared to be due from 
such person under clause (a) or clause (b) of section 85 has not been paid 
by such person within such period not less than three months from the 
date of such declaration as may be allowed to him under section 86, such 
person shall he deemed to have vacated his seat or to have been dismissed 
from the service of the Corporation, as the case may be, with effect from 
the date of an order to be made by the State Government in this behalf 
and shall not be eligible for re-election or reappointment, as the case 
may be, until the amount as aforesaid has been paid by him. 

89. ( I) The State Government may make rules for the purpose of Power of the 
State carrying into effect the provisions of this Chapter. 
Government 

(2) In particular and without prejudice to the generality of the 	to make 

foregoing power, such rules may provide for all or any of the following 	rules.  

matters: 	 
(a) the manner and the forms in which the accounts of the 

Corporation shall be kept under section 76; 
(h) the time within which, and the manner in which, the matter 

referred to in the proviso to section 82 shall be referred to 
the State Government; 

(c) the publication of the auditors' reports together with the report 
of the Municipal Accounts Committee under sub-section (3) 
of section 83; 

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

Costs 
payable out 
of Municipal 
Fund. 

Effect of 
non-payment 
of certified 
amount. 

569 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part IV—Chapter VIII.—Powers and functions of the 
Corporation.—Section 90.) 

Obligatory 
functions of 
the 
Corporation. 

PART IV 

CHAPTER VIII 

Powers and functions of the Corporation 

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

(1) in the sphere of public works,— 

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

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

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

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

(e) naming of streets and numbering of premises; 

(f) lighting of public streets and other places; 

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

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

slaughter houses; 

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

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

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

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

(c)' regulating and abating offensive end dangerous trades 

or practices; 

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

places; 

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

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

purpose; 

(g) measures for preventing and checking the spread of 

dangerous diseases; 

570 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part IV—Chapter VI1L—Powers and functions of he 
Corporation.—Section 90.) 

(h) public vaccination and inoculation; 
(i) removal and disposal of the unclaimed dead bodies and 

carcasses of the all dead animals; 
(j) 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 Mayor-in-Council may deem proper; 

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

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

(3) in the sphere of town planning and development,— 
(a) devising town planning within the limits of the city in 

accordance with the laws relating to town planning for 
the time being in force; 

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

(c) improvement of bustees; 
(d) control of regular lines of streets; 
(e) control of all building operations and regulation of 

building uses; 
(f) co-ordination of all overground rigIns enjoyed by service 

agencies; 
(g) co-ordination of activities of agencies relating to laying 

and maintenance of underground pipelines, tubes, cables 
and the like; 

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

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

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

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

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

(4) in the sphere of administration,— 

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

571 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Discretionery 
functions of 
the 
Corporation. 

(Part 1V—Chapter V111.—Powers and functions of the 
Corporation.—Section 91.) 

(b) removal of obstruction and projections in or upon streets, 

bridges and other public places; 

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

(d) registration of births and deaths; 

(e) providing boundary marks for the municipal area; 

(f) destruction of noxious animals or diseased unclaimed 

dogs; 

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

Corporation; 

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

(i) removal of unauthorised encroachment on public streets 

and public places; 

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

(k) ensuring the stoppage of wastage of water supply and 

other civic facilities; 

(1) protection of public properties in general and civic 

properties in particular; 

(m) abatement of pollutions of all kinds; 

(n) controlling stray animals and brids; 

(o) preventive measures against fire and assistance to fire 

extinction; 

(p) providing adequate training facilities for the Corporation 
employees and equiping and motivating them for public 

service; 

(q) observance of day of national importance; 

(5) in the sphere of education and social welfare,— 

(a) maintenance of schools for imparting primary and 

secondary education; 
(h) maintenance of Poor Fund referred to in section 13. 

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

(1') in the sphere of public works,— 
(a) giving relief to, and establishing and maintaining relief 

works in time of famine or scarcity for, destitute persons 

within the limits of the city; 

572 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part IV—Chapter VIII.—Powers and functions of the 
Corporation.—Section 91.) 

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

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

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

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

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

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

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

(2) in the sphere of education,— 
(a) establishing and maintaining pre-primary schools such 

as balwadies, and creche; 
(h) promotion of civic education, adult education, social 

education, non-formal education and the like; 
(c) promotion of cultural activities including music, physical 

education, sports and theatres; 
(d) advancement of science and technology in the way of 

life; 
(e) advancement of civic consciousness on public health and 

general welfare by organising discourses, seminars, and 
conferences: 

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

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

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

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

573 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part 1V—Chapter VIII.—Powers and functions of the 

Corporation.—Section 91.) 

(c) promotion of the use of bio-gas and other non-

conventional energy sources; 

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

(e) abatement of smoke nuisances; 

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

of the people; 

(g) ambulance service for carrying patients; 

(4) in the sphere of administration,— 

(a) civic reception to persons of distinction and paying 

homage on death to persons of repute; 

(b) installation of statues, portraits and pictures in 

appropriate manner; 

(c) organisation and management of fairs and exhibitions; 

(d) establishment and maintenance of art galleries and 

botanical or zoological collections; 

(e) organisation, construction, maintenance and 
management of swimming pools, public wash houses, 
bathing place and other institutions designed for 

convenience of the community; 

(f) construction and maintenance of garages and sheds and 

stands for vehicles; 

(g) purchase and hoisting of the National Flag; 

(h) measures for eradication of addiction of all kinds like 

liquors and drugs; 

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

(5) in the sphere of development,— 

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

buildings; 
(b) providing shelter for the homeless; 

(c) undertaking manufacturing of building materials and 

their distribution at fair prices; 

(d) reclamation of waste lands and promotion of social 

forestry; 

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

mass participation; 

574 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part 1V—Chapter VIII.—Powers and functions of the 
Corporation.—Section 92.) 

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

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

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

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

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

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

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

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

92. ( I) Notwithstanding anything contained in any law for the time Transfer of 

being in force, the State Government may, subject to such conditions as functions of 
State 

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

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

(a) town and country planning, 
(h) urban development, 
(c) urban development including urban water supply and 

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

terminus, 
(c) urban employment schemes and programmes, 

(J) 

(I) 

575 



The Chandernagore Municipal Corporation. Act, 1990. 

[West Ben. Act 

(Part V.—Chapter 1X.—Municipal Taxation.—A. Taxes and Fees.—
Sections 93, 94.) 

(f) health and family welfare, 

(g) relief and social welfare including social security schemes 

and programmes, 

(h) public works including road construction and housing, 

(i) cottage and small-scale industries, 

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

education and library services, 

(k) food and supplies including rationing and distribution, 

(1) civil defence, 

(m) fire protection and fire fighting, 

(n) sports and youth services, 

(o) welfare of scheduled castes and scheduled tribes, 

(p) environmental safety and improvement. 

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

section had been incorporated in that enactment. 

PART V 

CHAP l'ER IX 

Municipal Taxation 

A. Taxes and Fees 

Power to 
impose taxes. 

Levy of fees. 
charges. etc. 

93. The Corporation shall, for the purpose of this Act, have the 

power to levy the following taxes:— 

(a) a consolidated rate on lands and buildings, 

(b) a tax on professions, trades and callings, 

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

in newspapers, 

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

(e) toll on ferries and bridges. 

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

provisions of this Act. 

576 



The Chandernagore Municipal Corporation. Act, 1990. 

XXXII of 1990.] 

(Part V.—Chapter IX.—Municipal Taxation.—B. Rating and 
Valuation.—Section 95.) 

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

B. Rating and Valuation 

95. (1) For the purpose of this Act, a consolidated rate on the annual 	Consolidated 

value of lands and buildings determined under this Chapter, shall be 	rate on 
lands and 

imposed by the Corporation. 	 buildings. 

(2) Such consolidated rate shall be, 	 

(a) where the annual value does not exceed two thousand rupees, 
11 per cent of the annual value; 

(b) where the annual value exceeds two thousand rupees but does 
not exceed twenty thousand rupees, such percentage of the 
annual value as is worked out by dividing the annual value 
by two thousand and adding ten to the quotient, the sum 
thus worked out being rounded off to the nearest first place 
of decimal; 

(c) where the annual value exceeds twenty thousand rupees but 
does not exceed forty thousand rupees, such percentage of 
the annual value as is worked out by dividing the first twenty 
thousand of annual value by two thousand and the rest by 
one thousand and adding ten to the quotient, the sum thus 
worked out being rounded off to the nearest first place of 
decimal; 

(d) where the annual value exceeds forty thousand rupees, forty 
per cent of the annual value. 

Thatration.—If the annual value of any land and building comes to 
thirty-five thousand rupees, the percentage of consolidated rate to be 
imposed thereon shall be calculated in the following manner, namely:— 

10 + 
20

'
000 15,000 

2000 1000 
or thirty-five per cent: 

Provided that notwithstanding anythinc,,  contained elsewhere in this 
Act or in any other law for the time being in force, before imposition of 
consolidated rate under this section, there shall be a revised valuation of 
lands and buildings in accordance with the provisions of this Act: 

Provided further that the denominator "two thousand" as referred to 
in clause (b), or the denominator "two thousand" or -one thousand", as 
the case may he, as referred to in clause (c), of this sub-section may 
undergo an upward revision at such scale as the State Government may 
from time to time fix by notification in order to lower the percentage of 
consolidated rate applicable to different ranges ()Evaluation. 

577 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part V.—Chapter 1X.—Municipal Taxation.—B. Rating and 
Valuation.—Sections 96-100.) 

Levy of 
surcharge. 

Rebate for 
residential 
buildings. 

Exemption of 
diplomatic 
missions. 

Exemption of 
Central 
Government 
properties. 

Exemption of 
holdings 
exclusively 
used for 
public 
worship, etc. 

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

rate for the purpose of recovery. 

97. Where a holding is used by the owner exclusively for his own 
residential purposes, a rebate not exceeding 20%. of the consolidated 
rate as determined under this Chapter may be allowed by the Corporation: 

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

rates of rebate. 

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

consular officers of such mission. 

99. Notwithstanding anything contained in this Chapter, lands and 
buildings which are the properties of the Central Government, shall be 

exempt from the consolidated rate: 

Provided that noting in this section shall prevent the Corporation 
from levying on such lands and buildings a consolidated rate to which 
immediately before the commencement of this Act they were, or were 

treated as, liable: 

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

100. Notwithstanding anything contained in the foregoing sections 

n this Chapter,— 

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

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

(c) open spaces including parade grounds which are the 
properties of Government, shall be exempt from the 

consolidated rate. 

578 



The Chandemagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

West Ben. 
Act XII 
of 1956. 

(Part V—Chapter 1X.—Municipal avation.—B. Rating and 
Valuation.— Sections 101-105.) 

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

101. The Mayor-in-Council may exmpt from consolidated rate either 
wholly or in part any holding which is exclusively used with the approval 
of the Mayor-in-Council for public charity or philanthropic purposes or 
for the purpose of medical relief to or education of the poor, free of 
charge. 

102. Whenever from the circumstances of the case levy of a rate on 
any holding in the Corporation would be productive of excessive hardship 
to the person liable to pay the same, the Corporation may reduce the 
amount payable on account of such holding, or may realise the sum by 
instalments: 

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

103. (1) When any holding comprising land and building has 
remained vacant or unproductive of rent for ninety or more consecutive 
clays, the Corporation may, upon an application in writing from the owner, 
remit or fefund one half of the amount of tax due for the period of such 
vacancy. 

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

104. The Corporation may exempt from consolidated rate any holding 
comprising land or building the annual valuation of which does not exceed 
three hundred rupees: 

Provided that where a person owns or occupies more than one holding 
the. agregate annual value of which exceeds three hundred rupees, such 
holding shall not be exempted from the consolidated rate. 

105. ( I ) Notwithstanding anything contained in the West Bengal 
Premises Tenancy Act, 1956 or in any other law for the time being in 
force, for the purpose of assessment of the consolidated rate, the annual 
value of a holding comprising land and building shall be deemed to be 
the gross annual rent including service charges, if any, at which such 
land or building might at the time of assessment be reasonably expected 
to let from year to year, less an allowance of one-sixth of such annual 

Exemption 
of holdings 
exclusively 
used for 
public 
charity or 
medical 
relief or 
education of 
the poor. free 
of charge. 

Power to 
reduce rates 
in case of 
excessive 
hardships. 

Remission 
on account 
of vacant 
holding. 

Exemption of 
holding of 
low 
valuation. 

Termination 
of annual 
valuation. 

579 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part V.—Chapter IX—Municipal Taxation.—B. Rating and 
Valuation.—Sections 106, 107.) 

Determina-
tion of 
annual 
valuation of 
holdings 
exempted 
from 
consolidated 
rate. 

Unit of 
assessment. 

value for the cost of repairs and other expenses necessary to maintain 
such land or building in a state to command such gross rent. 

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

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

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

the building as aforesaid. 

(5) In the case of any land or building or part thereof used for public 
cinema shows or theatrical performances or as a place of similar public 
recreation, amusement or entertainment, gross annual rent of such land 
or building or part thereof, as the case may be, shall be deemed to be 
seven and a half per cent of the gross annual receipts in respect of 
such cinema shows or theatrical performances or place of public 
recreation, amusement or entertainment, including receipts from rent 
and advertisements and sale of admission tickets but excluding taxes on 

the sale of such tickets: 
Provided that the provisions of this sub-section shall not apply in the 

case of temporary fairs, circuses, and casual shows or performances. 

(6) The annual value as determined under this Chapter shall be 

rounded off to the nearest ten rupees. 

106. (1) Where any holding is exempt from consolidated rate, the 

annual valuation thereof shall be determined in accordance with the 

provisions of this Chapter. 
(2) Where any land is exempt from the consolidated rate under the 

provisions of this Chapter, the annual value of any building erected on 
such land not entitled to any exemption from the consolidated rate, shall 
be determined, separately from the land in accordance with the provisions 

of this Chapter. 

107. Every building together with the site and the land appurtenant 
thereto comprised in a holding shall be assessed as a single unit: 

580 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V.—Chapter 1X.—Municipal Taxation.—C. Valuation and 
Assessment List.— Sections 108-110.) 

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

C. Valuation and Assessment List 

108. (1) The annual value of a holding comprising land or building 	Periodic 

which has been determined before and is in force on the date of the assessment. 

commencemet of this Act, shall remain in force until a fresh valuation 
list is enforced under this Act. 

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

West Ben.  
Act LVII 
of 1978. 

109. (I) The annual valuation of holdings under this Chapter shall 
be made by the Mayor-in-Council or, if the State Government so directs, 
by the Central Valuation Board, West Bengal, established under the West 
Bengal Central Valuation Board Act, 1978, in which case the preparation 
of valuation list including determination of all objections shall abide by 
the provisions of that Act. 

(2) When the Mayor-in-Council undertakes the preparation of annual 
valuation, such valuation shall be made by the Assessor of the Corporation 
who shall determine the annual value of all holdings within the 
Corporation in the manner provided in this Chapter and cause publication 
of the assessment list in the prescribed manner: 

Provided that the draft assessment list may be published either in 
respect of all the holdings of the municipal area or holdings within a 
croup of wards at a time. 

110. ( 1 ) When an assessment list is prepared or revised, the 
Corporation shall cause the draft assessment list to be published by public 
notice of the place where the list may he available for inspection. 

( 2) In all cases in which any property is for the first time assessed or 
the assessment is increased, the Corporation shall also give a written 
notice thereof to the owner or occupier of the property if known. 

Preparation 
of valuation 
and 
assessment 
list. 

Publication 
of 
Assessment 
list. 

581 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part V.—Chapter IX.—Municipal Taxation.—C. Valuation and 
Assessment List.— Sections 111-114.) 

Objections 
and hearing. 

Publication 
of final 
assessment 
list. 

Municipal 
Assessment 
Tribunal. 

Constitution 
of Municipal 
Assessment 
Tribunal. 

111. (I) Any person being the owner or occupier of a holding, who 
is dissatisfied with the amount assessed upon him, or the valuation of 
his holding, or otherwise objects to the assessment as contained in the 
draft assessment list, may apply to the Corporation communicating the 
grounds of his objection within one month from the date of publication 
of the public notice or service of the written notice, whichever is later. 

(2) Every such application shall be heard and determined by such 
person or persons as may be appointed by the Mayor-in-Council in 

accordance with such rules as may be prescribed. 

112. (1) The Corporation shall publish a final assessment list after 
hearing and determination of all objections thereto in accordance with 
the provisions of this Chapter and shall give a public notice of such 

publication. 

(2) The final assessment list shall take effect from the beginning of 
the quarter of a year immediately following its publication. 

113. (1) Any person who is dissatisfied with a decision as entered 
in the final assessment list may prefer an application for review before 
the Municipal Assessment Tribunal with a period of one month from the 
date of publication of such final assessment list. 

(2) No such application for review shall be entertained unless the 
existing amount of rate together with one-half of the amount of increase 
as entered in the final assessment list for one quarter has been deposited 
and such application shall stand rejected unless such amount is continued 

to be deposited. 

(3) The Municipal Assessment Tribunal for the purpose of hearing 
of review may consist of such person or persons as may be appointed by 

the State Government in this behalf. 

(4) The order of the Tribunal shall be final and conclusive and shall 

not be questioned in any court. 

114. (1) The Municipal Assessment Tribunal shall consist of a 
Chairman and not more than two other members. 

(2) The Chairman shall be a person who is or has been a member of 
the West Bengal Higher Judicial Service and at least one of the other 
members shall be a person having experience in municipal affairs, 

valuation or assessment. 

(3) The manner of transaction of business of the Tribunal shall be 

such as may be prescribed. 

582 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V—Chapter IX.—Municipal Taxation.—C. Valuation and 
Assessment List.— Sections 115, 116.) 

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

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

changes; or 
(c) when the nature of use of the holding changes; or 
(d) when the land or building comprised in the holding has been 

re-developed or substantially altered or improved during the 
period the annual valuation remains in force; or 

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

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

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

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

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

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

Affiendment 
and 
alteration of 
assessment 
list. 

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

(2) Before finalising the valuation and assessment of such holding, 
the Mayor-in-Council shall give the owner or occupier of such holding 
an opportunity to prefer an objection. if any, within a specified time to 
the proposed valuation which shall be heard and determined by a person 
to he appointed by the Mayor-in-Council. 

Addition 
to the 
assessment 
list. 

583 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part V—Chapter 1X.—Municipal Taxation.—C. Valuation and 
Assessment List.— Sections 117, 118.) 

Submission 
of returns 
and 
inspection of 
holding for 
purpose of 
assessment. 

Transfer of 
title to land 
or building. 

(3) An application for review may be preferred within a fortnight to 
the Mayor-in-Council against any order passed by the person appointed 
under sub-section (2) for hearing and determination of the objection. 

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

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

such procedure as may be prescribed. 

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

may be prescribed. 
(3) Every owner or occupier on whom any notice is served under 

sub-section (1) or sub-section (2) shall be bound to comply with such 
notice and to furnish a return with a declaration that the statement made 
therein is correct to the best of his knowledge and belief. 

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

such land or building submitted under this Chapter. 

118. 0) Whenever the title of any person to any land or building 
is transferred, such person, if primarily liable for the payment of 
consolidated rate on such land or building, and the person to whom the 

title is so transferred shall, within three months after the execution of 

the instrument of transfer or after its registration. if it is registered, or 
after the transfer is effected, if no instrument is executed, give notice of 

such transfer in writing to the Corporation. 
(2) In the event of the death of any person primarily liable as 

aforesaid, the person on whom the title of such land or building devolves 
shall, within six months from the date of death of the former, give notice 

of such devolution in writing to the Corporation. 

584 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V.—Chapter IX.—Municipal Taxation.—C. Valuation and 
Assessment List.— Section 119.) 

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

(4) If any person, who transfers his title to any land or building, 
fails to give any notice under this section to the Corporation, he shall, in 
addition to any penalty to which he may be subject under this Act, continue 
to he liable for payment of consolidated rate 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 consolidated rate 
on such land or building. 

(5) The Corporation shall, on receipt of a notice of transfer or 
devolution, cause such transfer to be recorded in such form and in such 
manner as may be prescribed. 

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

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

119. (1) The consolidated rate on lands and building shall be 
primarily leviable,— 

(a) if the land or building is let, upon the lessor, 
(b) if the land or building is sublet, upon the superior lessor, 
(c) if the land or building is unlet, upon the person in whom the 

right to let such land or building vests. 
(2) The consolidated rate on any land or building, which is the 

property of the Corporation and the possession of which has been delivered 
under any agreement or licensing arrangement, shall be leviable upon 
the transferee or the licensee, as the case may be. 

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

Provided that the Chief Executive Officer may apportion the amount 
of consolidated rate on such building among the co-owners. 

Incidence of 
consolidated 
rate of 
lands and 
buildings. 

585 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part V.—Chapter IX.—Municipal Taxation.—C. Valuation and 
Assessment List.— Sections 120-123.) 

Cases of 
annual value 
of land or 
building 
exceeding 
the amount 
of rent of 
such land or 
building. 

Recovery of 
sum due on 
account of 
consolidated 
rate on lands 
and 
buildings 
from 
occupiers. 

Payment of 
consolidated 
rate in 
quarterly 
instalments. 

Consolidated 
rate in a 
bustec. 

120. (1) If the annual value of any land or building exceeds the 
amount of rent of such land or building payable to the person upon 
whom the consolidated rate on such land or building is leviable under 
section 119, such person shall be entitled to receive from his tenant the 
difference between the amount of the consolidated rate on such land or 
building and the amount which would be leviable if the consolidated 
rate on such land or building were calculated on the basis of the rent 

payable to him. 
(2) If the annual value of any land or building which is sublet exceeds 

the amount of rent of such land or building payable to the tenant by his 
sub-tenant or to the sub-tenant by the person holding under him, the 
tenant or the sub-tenant shall be entitled to receive from his sub-tenant 
or the person holding under him, as the case may be, the difference 
between any sum recovered under this act from such tenant or sub-tenant 
and the amount of consolidated rate on such land or building which 
would be leviable if the annual valuation of such land or building were 
equal to the difference between the amount of rent which such tenant or 

sub-tenant receives and the amount of rent he pays. 

121. (1) On the failure to recover any sum due on account of 
consolidated rate on any land or building from the person primarily 
liable therefor under section 119, the Chief Executive Officer shall 
recover from the occupier of such land or building, by attachment 
of the rent payable, by such occupier, a portion of the total sum due 
which bears, as nearly as may be, the same proportion to that sum 
as the rent annually payable by such occupier bear to the total amount 
of rent annually payable in respect of the whole of such land or 

building. 	 • 

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

time from him to such person. 

122. Save as otherwise provided in this Act, the consolidated 
rate on any land or building under this Chapter shall be paid by 
the person liable for the payment therefor in quarterly instalments. 

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

the owner of the land in the bustee. 

586 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V.—Chapter 	 Taxation.—C. Valuation and 
Assessment List.— Sections 124, 125.—D. Tax on professions, 

trades and callings.-Section 126.) 

(2) Whenever a consolidated rate on land and building in a bustee is 
leviable, the owner of the land in such bustee may recover from the 
owner of each hut standing thereon— 

(i) half of the consolidated rate on the land on which the hut 
stands; and 

(ii) the consolidated rate on the hut standing on the land. 

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

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

(b) as a commutation of all refunds in respect of the huts which 
arc vacant or which may he removed or destroyed during the 
period the consolidated rate on lands and buildings remains 
in force. 

124. If any surcharge is levied on the consolidated rate on any land 
or building, the person liable to pay such surcharge, may recover the 
same from the occupier of such land or building who uses it for non-
residential purpose: 

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

125. ( I ) When a person liable for the payment of the consolidated 
rate on lands and buildings or surcharge on the consolidated rate defaults 
to pay the sum due within the prescribed period, a sum not exceeding 
twenty-five per cent of the amount of the consolidated rate or the 
surcharge, as may he determined by the Corporation by regulations, 
may he recovered from him by way of penalty, in addition to the amount 
of the consolidated rate or the surcharge payable by him. 

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

D. Tax on professions, trades and callings 

126. (1) Every person, who exercises or carries on in Chandernagore 
either by himself or by an agent or by a representative, any of the 
professions, trades or callings mentioned in Schedule III, shall, before 
the first day of July in each year or within one month of his taking up 
such profession, trade or calling, as the case may be, pay annually a tax 
thereon at the rate mentioned in that Schedule: 

Provided that the payment of such tax shall not be deemed to affect 
the liability of such person to take out a licence under the provision of 
any law in force for the time being. 

Person liable 
to pay 
surcharge to 
recover it 
from the 
occupier. 

Default of 
payment of 
consolidated 
rate. 

Tax on 
professions, 
trades and 
callings. 

587 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Tax on 
advertise-
ment. 

Prohibition 
of advertise-
ments 
without 
payment 
of tax. 

Presumption 
in case of 
contravention. 

Power of 
Chief 
Executive 
Officer in 
case of 
contravention. 

(Part V.—Chapter IX.—Municipal Taxation.—E. Tax on 
advertisements.— Sections 127-130.) 

(2) The Chief Executive Officer may require the owner or the occupier 
of any building or place or any person subject to any tax under this Act 
or any person who exercises or carries on any profession, trade or calling 
to furnish such statement, books of accounts or information as may be 

prescribed. 

(3) The Corporation may by regulations provide for the manner of 
imposition of tax on professions, trades or callings and for payment, 

refund or remission of such tax. 

E. Tax on advertisements 

127. (1) Every person, who erects, exhibits, fixes or retains upon or 
over any land, building, wall, hoarding, frame, post, kiosk or structure 
on, upon, or in any vehicle any advertisement, or who displays any 

advertisement to public view in any manner whatsoever visible from a 
public street or other public place, shall pay for every advertisement 
which is so erected, exhibited, fixed, retained or displayed to public view, 
a tax at such rate, not exceeding the rate mentioned in Schedule IV, as 
may be determined by the Corporation. 

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

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

of payment of the tax under this section. 

128. No advertisement for which tax is payable under section 127 
shall be erected, exhibited, fixed or retained upon or over any land, 
building, wall, hoarding or structure or shall be displayed to public view 
in any manner whatsoever in any place unless the tax is paid. 

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

persons or their agents on whose behalf the advertisement purports to be 

so erected, exhibited, fixed or retained. 

130. If any advertisement is erected, exhibited, fixed or retained in 
contravention of the provisions of this Act or any rules or regulations 
made thereunder, the Chief Executive Officer may require the owner or 
the occupier of the land, building, wall, hoarding or structure upon or 

588 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V.—Chapter IX.—Municipal Taxation.—E. Tax on 
advertisements.—Section 131.—E Tax on carts, carriages 

and animals.—Section 132.) 

over which the same is erected, exhibited, fixed or retained, to take 
down or remove such advertisement or may enter any building, land or 
property and have the advertisement dismantled, taken down or removed 
or spoiled, effaced or screened. 

131. The provisions of sections 127 to 128 shall not apply to any 	Exceptions. 

advertisement which— 
(a) relates to a public meeting or an election to the Parliament 

or the State Legislature or the Corporation or any candidature 
in respect of such election; or 

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

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

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

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

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

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

(i) public charitable institution, or 
(ii) public educational institution, or 

(iii) public hospital, or 
(iv) free dispensary, or 
(v) place of worship, or 

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

F. Tax on calls, carriages and animals 

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

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

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

Tax on carts, 
carriages and 
animals. 

589 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Rate of td.x. 

Tax on 
whom 
leviable. 

Licence. 

(Part V.—Chapter IX.—Municipal Taxation.—F. Tax on carts, 
carriages and animals.—Sections 133-135.) 

(c) carriages and animals belonging to Government and 

maintained for police or military purposes; and 

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

prescribed. 

Explanation I.— The expression "carriages" include hackney 

carriage, rickshaw, cycle-rickshaw, four-wheeled or two-wheeled 
carriage, jin rickshaw, bicycle or tricycle, car drawn by animals, 

pushcart or thela, but does not include children's perambulators or 

tricycles. 

Explanation II.— The expression "animals" includes horse, donkey, 

mule, pony, cow, buffalo, goat, pig, sheep and dog. 

133. The rate of tax on carriages and animals shall be such as 

may be determined by regulations and different rates may be fixed for 

different classes of carriages or animals: 

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

134. The tax on carriages and animals shall be leviable upon 

the owners or the persons having possession or control of the carriages 

or the animals: 

Provided that in the case of an animal generally used or employed 
in drawing any carriage, the tax in respect of such animals shall be 

leviable upon the owner or the person having possession or control of 

such carriage, whether or not such animal is owned by such owner or 

such person. 

135. (1) When the owner or the person having possession or 

control of any carriage or animal pays to the Corporation the tax 

payable by him under this Act, the Chief Executive Officer shall grant 

him a licence. 

(2) The Chief Executive Officer may require the owner or the 

person having possession or control of any carriage or animal or the 

occupier of any land or building on or in which any animal is kept to 
furnish such statement in relation to such carriage or animal as may be 

prescribed. 

590 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V.—Chapter IX. Municipal Taxation.—F. Tax on carts, 
carriages and animals.—Sections 136, 137.—G. Toll.—Section 138.) 

(3) The Chief Executive Officer may, by a written notice, require 

any person who carries on trade or business of a livery stable-keeper 
to produce for inspection all books and accounts relating to such trade 
or business. 

136. The Mayor-in-Council may compound, for any period not Power of 

exceeding one year at a time, with any livery stable-keeper or other 	Mayor-in- 
Council to 

person keeping vehicles for hire or animals for sale or hire for a lump compound  

sum to he paid by such livery stable-keeper or other person in respect of 	for tax. 

the vehicles or animals so kept in lieu of the taxes which such livery 
stable-keeper or other person would otherwise be liable to pay under 
this Act. 

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

G. Toll 

138. The Corporation may, with the sanction of the State 
Government,— 

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

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

Provided that on toll-bar shall be established or tolls levied otherwise 
than for the purpose of recovering— 

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

(h) interest on such expenses— 

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

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

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

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

Levy of toll. 

591 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Manner of 
recovery of 
taxes under 
this Act. 

Time and 
manner of 
payment of 
taxes. 

Presentation 
of bill. 

Notice of 
demand and 
notice fee. 

(Part V=Chapter X.—A. Payment and recovery of taxes.— 
Sections 139-142.) 

CHAPTER X 

A. Payment and recovery of taxes 

139. Save as otherwise provided in this Act, any' tax levied under 
this Act may be recovered in accordance with the following procedure 
and in such manner as may be prescribed— 

(a) by presenting a bill, or 
(19 bylserving a notice of demand, or 
(c) by distraint and sale of defaulter's movable property, or 

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

property, or 
(e) in the case of consolidated rate of land and buildings, by 

the attachment of rent due in respect of the land or the 

building, or 
(f) by a certificate under the Bengal Public Demands Recovery 

Act, 1913. 

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

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

be allowed. 

141. (l) When any tax has become due, the Chief Executive Officer 
shall cause to be presented to the person liable for the payment thereof a 

bill for the amount due: 
Provided that no such bill shall be necessary in the case of— 

(a) a tax on professions, trades and callings; 

(b) a tax on advertisements; 

(c) a toll. 

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

borne on such certificate of posting shall be deemed to be the date of 

presentation of the bill to such person. 
(2) Every such bill shall specify the particulars of the tax and the 

period for which charge is made. 

142. (1) Save as otherwise provided in this Act, if the amount of 
the tax for which a bill has been presented under section 137 is not paid 
within thirty days from the presentation thereof or if the tax on professions, 

Ben. Act III 
of 1913. 

592 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V.—Chapter X.—A. Payment and recovery of taxes.— 
Sections 143, 144.) 

trades and callings or the tax on advertisements is not paid after it has 
become due, the Chief Executive Officer may cause to be served upon 
the person liable for the payment of the same notice of demand in such 
form as may be specified by the Corporation by regulations. 

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

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

(2) When the person liable for the payment of any tax is deemed to 
be in default under sub-section (1), such sum, not exceeding fifteen per 
cent, of the amount of tax, as may be determined by the Corporation by 
regulations, may be recovered from him by way of penalty, in addition to 
the amount of the tax, the notice fee payable under sub-section (2) of 
section 138 and simple interest in accordance with sub-section (3). 

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

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

144. (1) If any person liable for payment of tax does not within 
thirty days after the expiry of thirty days referred to in sub-section (1) of 
section 143, pay the amount due, such sum together with all costs, interest 
due and penalty may be recovered under a warrant, issued in such form 
as may be specified by the Corporation by regulations, by distress and 
sale of the movable property or the attachment on sale of the immovable 
property of the defaulter: 

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

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

Penalty in 
case of 
default of 
payment 
of taxes. 

Recovery 
of tax. 

593 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part V.—Chapter X.—A. Payment and recoveoy of taxes.— 

Sections 145, 146.) 

Distress. 

Disposal of 
distrained 
property and 
attachment 
and sale of 
recoverable 
PrePcr'Y' 

145. ( I) It shall be lawful for any officer or other employee of 
the Corporation to whom a warrant issued under this Chapter is 
addressed to distrain, wherever it may be found in any place in 
Chandernagore any movable property belonging to the person therein 
named as defaulter, subject to the following conditions, exception and 

exemptions, namely:— 

(a) the following property shall not be distrained: 

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

(ii) tools of artisans; 

(iii) books of accounts; 

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

be released. 

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

(3) If there is reason to believe that any property seized under a 
warrant of distress issued under section 142, if left in the place where it 
is found is likely to be removed by force, the officer executing the warrant 
may take it to the office of the Corporation or to any place appointed by 

the Chief Executive Officer. 

146. (1) When the property seized is subject to speedy and natural 
decay or when the expense of keeping it in custody is when added to 
the amount to be recovered, likely to exceed its value, the Chief Executive 
Officer shall give notice to the person in whose possession the property 

was at the time of seizure that it will he sold at once, and he shall sell 
it accordingly be public auction unless the amount mentioned in the 

warrant is forthwith paid. 

(2) If the warrant is not in the meantime suspended by the Chief 
Executive Officer or discharged, the property seized shall, after the expiry 
of the period mentioned in the notice served under sub-section (2) of 
section 145, be sold by public auction by order of the Chief Executive 

Officer. 

594 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V—Chapter X.—A. Payment and recover.). of c es.— 
Section 147.) 

(3) When a warrant is issued for the attachment and sale of 
immovable property, the attachment shall be made by an order prohibiting 

the defaulter from transferring or charging the property in any way and 

all persons from taking any benefit from such transfer or charge and 

declaring that such property will be sold unless the amount of tax due 

with all costs or recovery is paid into the Corporation office within fifteen 
days from the date of attachment. 

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

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

(6) The surplus of the sale proceeds, if any, shall, immediately after 
the sale of the property, be credited to the General Account of the 
Municipal Fund, and notice of such credit shall be given at the same 

time to the person whose property has been sold or his legal representa-

tives and if the same is claimed by written application to the Chief 
Executive Officer within one year from the date of the notice, a refund 
thereof shall he made to such person or representative. 

(7) All sales of property under this section shall, so far as may be 
practicable, be regulated by the procedure in force for the time being in 
the sessions' Court with respect to a sale after distress. 

(8) No officer or employee of the Corporation shall directly or 
indirectly purchase any property at any such sale. 

(9) Any surplus not claimed within one year as aforesaid shall he 
the property of the Corporation. 

(10) For every distraint and attachment made in accordance with 
the foregoing provisions, a fee of such amount not exceeding two and a 

half per cent of the amount of the tax due as shall in each case be fixed 
by the Chief Executive Officer shall be charged and included in the cost 
of recovery. 

147. (1) If the Chief Executixc Officer has reason to believe that 
any person from whom any sum is due or is about to become due on 

account of any tax is about to move from Chandernagore he may direct 
the immediate payment by such person of the sum so due or about to 
become due and to cause a notice of 	for the same to he served on 
such person. 

Recovery 
from person 
about to 
leave 
Chander-
nagore. 

595 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part V.—Chapter X.—A. Payment and recovery of taxes.— 
Sections 148-150.) 

Recovery 
under 
Ben. Act III 
of 1913. 

Distraint not 
unlawful for 
want of form. 

Occupiers 
may be 
required to 
pay rent 
towards 
satisfaction 
of con-
solidated 
rates. 

(2) If, on the service of the such notice, such person does not forthwith 
pay the sum so due or about to become due, the amount shall be leviable 
by distress or attachment and sale in the manner hereinbefore provided, 
and the warrant of distress or attachment and sale may be issued and 

executed without any delay. 

148. After a defaulter has been proceeded against unsuccessfully 
under the foregoing provisions of this Chapter or with partial success, 
and sum due or the balance of any such due may be recovered by the 
Chief Executive Officer by certificate under the Bengal Public Demands 
Recovery Act, 1913, together with interest and cost of recovery. 

149. 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. 

150. (1) For the purposes of recovery of any consolidated rate from 
any occupier under section 121, the Chief Executive Officer shall cause 
to be served on such occupier a notice requiring him to pay to the 
Corporation any rent due or falling due from him in respect of the land. 
or building to the extent necessary to satisfy the portion of the sum due 

for which he is liable under the said section. 

(2) Such notice shall operate as an attachment of such rent unless 
the portion of the sum due shall have been paid and satisfied, and the 
occupier shall be entitled to credit in account with the person to whom 
such rent is due for any sum paid by him to the Corporation in pursuance 

of such notice: 
Provided that if the person to whom such rent is due is not the person 

primarily liable for payment of the consolidated rate, he shall be entitled 
to recover from the person primarily liable for the payment of such tax 

any amount for which credit is claimed as aforesaid. 

(3) If any occupier fails to pay to the Corporation any rent due or 
falling due which he has been required to pay in pursuance of a notice 
served upon him as aforesaid, the amount of such rent may be recovered 
from him by the Corporation as an arrear of tax under this Act. 

Ben. Act Ill 
of 1913. 

596 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 19901 

(Part V.—Chapter X.—A. Payment and recover) of taxes.— 
Sections 151, 152.) 

151. (1) If any money is due under this Act from the owner of any 

land or premises on account of consolidated rate on lands and buildings 

or any other tax, expenses or charges recoverable under this Act and if 

the owner of such land or premises is unknown or the ownership thereof 

is disputed, the Chief Executive Officer may publish twice, at an interval 

of not less than two months, a notification of such dues and of sale of 

such land or premises for realisation thereof and after the expiry of not 

less than one month from the date of last publication of such notification, 

unless the amount recoverable is paid, may sell such land or premises by 

public auction, to the highest bidder, who shall deposit, at the time of 

sale, twenty-five per cent, of the purchase money, and the balance thereof 

within thirty days of the date of sale. Such notification shall be published 
in the Official Gazette and in local newspaper and by displaying on the 
land or the premises concerned. 

(2) After deducting the amount due to the Corporation as aforesaid, 

the surplus sale proceeds, if any, shall he credited to the General Account 

of the Municipal Fund and may be paid, on demand, to any person who 

establishes his right thereto to the satisfaction of the Chief Executive 
Officer or a court of competent jurisdiction. 

(3) Any person may pay the amount due at any time before the 
completion of the sale, whereupon the sale shall be abandoned. Such 

person may recovery such amount by a suit in a court of competent 

jurisdiction from any person beneficially interested in such land or 
premises. 

152. (1) No assessment and no charge or demand of the consolidated 

rate of lands and buildings or of any other tax made under this Act shall 
be called in question or shall in any way be affected by reason of— 

(a) any clerical or arithmetical mistake arising from any 
accidental slip or omission— 

(i) in the description of any property or thing liable to 
such tax, or 

(ii) in the description of any property or thing liable to 
such tax, or 

(iii) in the amount of assessment of such tax, or 

(h) 	(i) any clerical error, or 

(ii) any defect of form, not being of a substantial nature: 

Provided that the Chief Executive Officer may, either of his own 
motion or on the application of any aggrieved person, correct any clerical 
or arithmetical mistake or clerical en-or or defect of form as aforesaid. 

Recovery of 
consolidated 
rate on lands 
and 
buildings or 
any other tax 
or charges 
when owner 
of land or 
premises is 
unknown or 
ownership is 
disputed. 

Taxes not 
invalid for 
defect of 
form. 

597 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Cancellation 
of irrecover-
able dues. 

Apportion-
ment of 
consolidated 
rate by 
the person 
primarily 
liable 
to pay. 

Mode-of 
recovery. 

The consoli-
dated rate of 
lands and 
buildings to 
be first 
charge on 
premises. 

(Part V.—Chapter X.—A. Payment and recovery of taxes.—
Section 153.—B. Recovery of consolidated rate by person 

primarily liable to pay to the Corporation.—Sections 154-156.) 

(2) It shall suffice for the purpose of levying any tax under this 
Act or of any assessment of value of any property under this Act, 
if the property taxed or assessed is so described as to be generally 
known, and it shall not be necessary to name the owner or the occupier 

thereof. 

153. The Corporation may by order strike off the books of 
the Corporation any sum due on account of the consolidated rate on 
lands and buildings or any other tax or on any other account, which 
may appear to it to be irrecoverable. 

B. Recovery of consolidated rate by person primarily 
liable to pay to the Corporation 

154. Save as otherwise provided in this Act, the person primarily 
liable to pay the consolidated rate in respect of any land or building 

may recover,— 

(a) if there be but one occupier of the land or building, from 
such occupier half of the rate so paid, and may, if there be 
more than one occupier, recover from each occupier half of 
such sum as bears to the entire amount of rate so paid by the 
owner the same proportion as the value of the portion of the 
land or building in the occupation of such occupier hears to 
the entire value of such land or building: 

Provided that if there be more than one occupier, such 
half of the amount may be apportioned and recovered from 
each occupier, in such proportion as the annual value of the 
portion occupied by him bears to the total annual value of 
such land or building; 

(b) the entire amount of the surcharge on the consolidated rate 
on any land or building from the occupier of such land or 
building who uses it for commercial or non-residential 

purpose. 

155. If any person is primarily liable to pay any consolidated rate on 
any land or building and is entitled to recover any sum from an occupier 
of such land or building, he shall have. for recovery thereof, the same 
rights and remedies as if such sum were rent payable to him by the 
person from whom he is entitled to recover such sum. 

156. The consolidated rate on lands and buildings due from any 
person shall, subject to the prior payment of land revenue (if any) due to 
the Government thereupon, be a first charge upon the land or the building 
belonging to such person and upon the movable property (if any) found 
within or upon such land or building. 

598 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VT—Civic Services.—Chapter X1.—Water Supply and 
Drainage.—A. Proprietory rights of the Corporation.—

Sections 157-160.) 

PART VI 

CIVIC SERVICES 

CHAPTER XI 

Water Supply and Drainage 

A. Proprietory rights of the Corporation 

157. All public tanks, reservoirs, cisterns, wells, tubewells, aqueducts, 
conduits. tunnels, pipes, taps and other water-works, whether made, laid 
or erected at the cost of the Municipal Fund or otherwise, and all bridges, 
buildings, engines, works, materials and things, connected therewith or 
appertaining thereto, and also any adjacent land (not being private 
property) appertaining to any public tanks, which is situated in 
Chandernagore, shall vest in the Corporation: 

Provided that the Corporation may, with the approval of the State 
Government, make over the water-works for development and 
maintenance to a separate and independent agency and it shall be lawful 
for such agency to construct or acquire new water-works. 

	

158. (1) All rights over the sub-soil water resources in 	Rights over.  
Chandernagore shall vest in the Corporation. 	 sub-soil 

water (2) No person shall sink a tubewell in Chandernagore except with 	resources. 
the prior permission of the Chief Executive Officer. 

(3) The Chief Executive Officer may grant such permission on such 
terms and conditions as may be determined by regulation. 

	

159. (1) The Corporation shall, within the limits of its capacity, 	supply or 
provide for the supply of— . 	 filtered and 

unfiltered 

	

(a) filtered water in all parts of Chandernagore for domestic 	water. 
purposes, and 

(h) unfiltered water for the purpose of street-watering, flushing 
of municipal drains, public privy and urinals, gully pits and 
extinguishing fire. 

(2) Notwithstanding the provisions of sub-section ( I), the Corporation 
may supply filtered water and unfiltered water for any other purpose on 
such terms and conditions as may he provided by regulation made by it 
in this behalf. 

160. Subject to such conditions as the Corporation may from time to 
time impose, the Chief Executive Officer may allow any person owing 
or occupying any premises to lay down service-pipes from the mains of 
the Corporation for the purpose of bringing into the premises a supply of 
filtered and unfiltered water for use therein under the provisions of this 
Act or the regulations made thereunder. 

Power of 
Chief 
Executive 
Officer to 
allow owner 
or OCCUpier 

of pieinises 
to lay down 
service pipes. 

Public water-
works etc. to 
vest in the 
Corporation. 

599 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Private 
connections 
to premises. 

Regulation 
of consump-
tions of 
water and 
provisions 
for meters. 

Bathing 
platforms 
and urinals, 
latrines and 
public stand 
posts. 

Public drains 
and drains in, 
alongside or 
under public 
streets. to 
vest in 
Corporation. 

Drains etc.. 
constructed 
etc., at 
charge of 
Municipal 
Fund in 
premises to 
vest in 
Corporation. 

(Part VI.—Civic Services.—Chapter X1.—Water Supply and 
Drainage.—A. Proprietory rights of the Corporation.—

Sections I61-163.—B. Drainage and Sewerage.—Sections 164, 165.) 

161. All private connections to premises from the mains of the 
Corporation for the supply of water therein and all pipes, taps and other 
fittings used for such supply shall be made, maintained and regulated in 
accordance with such regulations as may be made in this behalf. 

162. No owner or occupier of any premises shall suffer water to be 
wasted. The Corporation may establish block meter for any area or 
cause meters to be attached to premises for recording the supply of 
filtered water for regulation of consumption of water and prevention 
of wastage of water in such manner and may impose fees at such 
rates for consumption beyond such limit, as may be determined by 

regulations. 

163. The Corporation may erect bathing platforms, urinals, latrines 
and public stand posts to be maintained in such manner as may be 
determined, and may levy such user fees for realisation of cost of 
maintenance thereof as may be specified, by regulations. 

B. Drainage and Sewerage 

164. (1) All public drains and all drains in, alongside or under any 
public street, whether made at the charge of the Municipal Fund or 
otherwise, and all works, materials and things, appertaining thereto, 
which are situate at Chandernagore shall vest in the Corporation: 

Provided that the Corporation may, with the approval of the State 
Government, make over the trunk-sewers, sewage treatment plants, 
pumping stations and other utilities to a separate and independent agency 
for maintenance and development and it shall be lawful for such agency 
to construct new trunk-sewers, sewage treatment plants, pumping stations 

or other utilities. 
(2) For the purposes of enlarging, deepening or otherwise repairing 

or maintaining any such drain, so much of the sub-soil appertaining to 
the drain as may be necessary for the said purpose shall also be deemed 

to vest in the Corporation. 

165. All drains and ventilation-shaft, pipes and other appliances and 
fittings connected with drainage works constructed, erected or set up at 
the charge of the Municipal Fund in or upon premises not belonging to 
the Corporation, whether for the use of the owner or the occupier of such 
premises or not, shall, unless the Corporation otherwise determines, vest 
and be deemed always to have vested in the Corporation. 

600 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 19901 

(Part VI.—Civic Services.—Chapter XI.—Water Supply and 
Drainage.—B. Drainage and Sewerage.—Section 166.—

C. Drainage of premises.—Sections 167, 168.) 

166. (1) Without the written permission of the Chief Executive 
Officer granted in accordance with such regulations as may be made by 
the Corporation in this behalf,— 

(a) no private street shall be constructed over any municipal 
drain, or 

(b) no wall or other structure shall be newly erected over any 
municipal drain, or 

(c) no wall, fence or structure shall be erected on the bed, bank 
or embankment or any municipal sewage or storm-water 
channel, nor any portion thereof shall be interfered with, 
encroached upon, altered or occupied for fishery, agriculture 
or any other purpose. 

(2) If any private street is constructed, or any wall or other structure 
is erected over any municipal drain, or if any wall, fence or structure is 
erected on the bed or embankment of any municipal sewage or storm 
water channel or if any portion thereof is interfered with, encroached 
upon. altered or occupied without the written permission of the Chief 
Executive Officer, the Chief Executive Officer may remove or otherwise 
deal with the same in such manner as he may think fit and the expenses 
incurred by the Corporation in so doing shall be paid by the owner of 
such private street, wall or other structure or by the person who interferes 
with or encroaches upon or alters or occupies, as the case may be. 

C. Drainage of premises 

167. The owner or the occupier of any premises shall be entitled to 
cause his house-drains to empty into a municipal drain, provided that 
before so doing, he obtains the written permission of the Chief Executive 
Officer and complies with such conditions as the Chief Executive Officer 
may determine as to the mode in which, and the superintendence under 
which, communications between house-drains and municipal drains are 
to be made. 

168. ( I ) No person shall, without complying with the provisions of 
section 167, make cause to he made, any connection of a house-drain 
with a municipal drain. 

(2) The Commissioner may in accordance with such regulations as 
may he made by the Corporation in this behalf close, demolish, alter or 
remake any connection made in contravention of sub-section (I) and the 
expenses incurred in so doing shall be paid by the owner or the occupier 
of the premises for the benefit of which such connection was made or by 
the person who made or caused to be made such connection. 

Private streets, 
etc., 
not to be 
constructed 
over 
municipal 
drain without 
permission. 

Right of 
owner or 
occupier of 
premises to -
empty 
his house-
drains into 
the municipal 
drain. 

Connection 
with 
municipal 
drain not 
to be made 
exception in 
conformity 
with section 
167. 

601 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part VL—Civic Services.—Chapter X1.—Water Supply and 
Drainage.—C. Drainage of premises.—Sections 169-173.) 

House-drain. 
closed 
cesspool, etc. 

Grouping or 
combination 
of house-
drains and 
enforcement 
of drainage 
to undrained 
premises. 

Municipal 
drains may 
communicate 
with public 
drains, etc. 

Certain 
matters not 
to be passed 
into 
municipal 
drains. 

Placing or 
carrying any 
pipe, etc., 
over, under 
or across any 
immovable 
property. 

169. Where any premises is in the opinion of the Chief Executive 
Officer without sufficient means of effective drainage, the Chief Executive 
Officer may by written notice require the owner of the premises to 
construct a house-drain up to a point to be specified in the notice or to 
construct a closed cesspool and drains emptying into such cesspool in 
such manner as may be determined by regulation. 

170. The Corporation may, if it considers necessary, mark regulations 
for 'grouping or combination of house-drains for economic or operational 
advantages and for enforcement of drainage of undrained premises and 
for any other matters in connection with drainage. 

171. Subject to the approval of the State Government, the Corporation 
may, if necessary, make the municipal drains communicate with, or empty 
into, any public drain, lake, canal or water-course outside the municipal 
limit of the Corporation and may, in doing so, exercise throughout the 
line outside the municipal limit of the Corporation along which the 
municipal drains are to run all the powers exercisable by it under this 
Act if the said municipal drains were to run entirely within the municipal 

limit of the Corporation. 

172. (1) No person shall throw, empty or otherwise discharge into 
any water source, channel or municipal drain within or outside the 
municipal limit of the Corporation any matter, refuse, trade effluent or 
waste so as to cause pollution, health hazard or nuisance prejudicial to 

environment. 

(2) Subject to the provisions of any other law for the time being in 
force, the Corporation may by regulation provide for treatment standard 
to be maintained before discharge of any industrial waste or foul water 
or refuse into any river, water source, channel or municipal drainage 

and sewerage system. 

173. If it appears to the Mayor-in-Council that it is necessary to 
place or carry any pipe or drain over, under or across the immovable 
property of any person to maintain the only or the most convenient 
municipal water-supply to, and drainage of, any premises, the Mayor-
in-Council may, after giving the owner of the immovable property an 
opportunity of being heard, authorise the owner or occupier of the 
premises to place or carry such pipe or drain over, under or across such 
immovable property in such manner as it may think fit to allow. 

602 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VI—Civic Services.—Chapter XI.—Water Supply and Drainage.—

C. Drainage of premises.—Sections 174, 175.—D. Privies, urinals 
and bathing and washing places.—Sections. 176-178.) 

174. The Corporation may place and maintain aqueducts, conduits 
and lines of mains or pipes or drains over, under or across any immovable 
property within or without the local limit of the Corporation and may 
enter any peoperty for such purpose: 

Provided that the Corporation shall not acquire any right other than 
the right of user in the property over, under or across which any aqueducts, 
conduits, lines of mains, pipes or drains are placed. 

175. The Chief Executive shall cause to be maintained complete 
survey maps, drawings and descriptions of all underground utilities in 
Chandernagore including water-supply mains, supply pipes, sewers and 
connections thereto in such form and in such manner as may be prescribed 
and shall ensure the secrecy of the same in conformity with the provisions 

19 of 1923. 	of the Official Secrets Act, 1923. 

D. Privies, urinals and bathing and washing places 

176. The Corporation shall— 

(a) provide and maintain, in proper and convenient situations, 
water closets and urinals for the use of the public, and 

(b) cause such water closets and urinals to be constructed and 
kept so as not be a public nuisance or injurious to public 
health. 

177. (1) The Corporation may grant license to a private individual 
or organisation for maintenance and regulation of use of public toilets 
and urinals constructed by it and on such terms and conditions as may 
he determined by regulations. 

(2) Such licensee shall be entitled to recover from the users such fee 
for the use of the public toilets and urinals as may be determined by 
regulations. 

(3) No person shall keep or maintain a tiolet or urinal for public use 
without the specific permission of the Corporation and the Corporation 
may impose such conditions therefor as it may consider necessary. 

Placing and 
maintenance 
of aqueducts, 
etc., over, 
under or 
across any 
immovable 
property. 

Maps of 
underground 
utilities. 

Power of 
Corporation 
to provide 
and maintain 
public 
privies and 

License for 
public toilets 
and urinals. 

178. (1) Whenever it appears necessary on sanitary or environ- Conversion 
mental grounds, the Mayor-in-Council may declare any ward or part of of service 

pri 	into a ward of the Corporation as the area— 	 sanita
vies

ry 

(i) where, if the area be one covered with sewerage system, all toilets or 
 septic tank 

existing service privies shall be converted into sanitary toilets 	latrines. 
with necessary connection with the sewerage system, and 

603 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part VL—Civic Services.—Chapter XL—Water Supply and 
Drainage.—D. Privies, urinals and bathing and washing places.—

Sections 179, 180.) 

(ii) where, if the area is not one covered with sewerage system, 
all service privies shall be converted into sanitary latrines, 

within such period as may be fixed by the Mayor-in-Council. 

(2) In any area in respect of which a declaration has been made 
under sub-section (1), the owners of the premises served by service privies 
shall cause such conversion under clause (i) or clause (ii), as the case 
may be, of sub-section (1), to be-made at their own cost. 

(3) If any such owner fails to cause such conversion to be made 
under sub-section (2), the Corporation may cause the conversion to be 
made and recover the expenses thereof together with such penalty, not 
exceeding twenty per cent of the expenses so incurred, from such owner 
within such period and in such manner as may be determined by 

regulations. 

Privy, urinal 	179. (1) There shall be provided in every new building at or in 
and other which not less than twenty labourers or workmen are likely to be 
acconuno- 
dation at 	employed such privy and urinal accommodation and such accom- 
premises for 	modation for bathing or washing of clothes and domestic utensils as 
twenty or 
more 	 the Corporation may decide. 
labourers or 
workmen. 	

(2) Where any premises at or in which not less than twenty labourers 
or workmen are employed are without privy, urinals, bathing or washing 
place accommodation or with inadequate accommodation, the Mayor-
in-Council may by written notice require the owner of such premises to 
provide such privy, urinals, bathing or washing place accommodation as 

it may determine. 

Provisions 
for privy and 
urinal 
accommo-
dation in 
premises 
where 
accommo-
dation is not 
provided 
or is 
insufficient 

180. If any premises intended for human habitation are without privy 
or urinal accommodation or the existing accommodation is, in the opinion 
of the Mayor-in-Council, insufficient, inefficient or for sanitary reasons 
objectionable, the Mayor-in-Council may, by a written notice, require 

the owner of such premises to— 

(a) provide such privy or such additional privy or urinal 
accommodation as it may decide, or 

(b) make such structural or other alterations in the existing privy 

OF urinal accommodation as it may decide, or 

(c) substitute, notwithstanding the provisions contained in 
section 178, any service privy or service urinal accom-

modation by connected privy or connected urinal accom-

modation where there is underground sewerage system, and 

by septic-tank privy or septic-tank urinal accommodation 

where there is no underground sewerage system, 

within ninety days of such notice. 

604 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VI.—Civic Services.—Chapter XI.—Water Supply and Drainage.—
E. Cesspools and other filth receptacles.—Sections 181-183.—

Chapter XII.—Streets and Public Places.—Section 184.) 

E. Cesspools and other filth receptacles 

181. (1) No person shall construct a cesspool— 

(a) beneath any part of any building or within fifteen metres of 
any tank, reserve, water source or well; or 

(b) upon any site or in any position in Chandernagore which 
has not been approved in writing by the Chief Executive 
Officer, or 

(c) upon any site or in any position outside Chandernagore 
which has not been so approved and is situated within ninety 
metres of any reservoir, used for storage of filter water to be 
supplied to Chandernagore. 

(2) The Chief Executive Officer may at any time by a written notice 
require the owner of the premises in which any cesspool has been 
constructed in contravention of the provisions of sub-section (1) to remove 
such cesspool and to fill up the cesspool with such materials as may be 
approved by him. 

182. All house-drains, within as well as without the premises to 
which they belong, and all cesspools, privies and urinals shall, as respects 
their site, construction, materials and dimension and arrangements for 
flushing the same, be under the survey and the control of the Corporation 
and subject to such regulations as the Corporation may make in this 
behalf. 

183. (1) The Corporation may, from time to time, grant to any person 
it thinks fit, a licence to act as a plumber for the purposes of this Act. 

(2) Every such licence shall be granted in such manner and in such 
form and on such terms and conditions as may be determined by the 
Corporation by regulations. 

CHAPTER XII 

Position of 
cesspools. 

House-
drains, etc., 
to be subject 
to survey and 
control of the 
Corporation. 

Power of 
Corporation 
to grant 
licence to 
plumbers. 

Streets and Public Places 

184. (1) All streets and public places, squares, parks, and gardens 	Vesting of 
pltr not being the property of, and kept under the control of Government of ub
in the

ic s eets 

the Board of Trustees for the improvement of Chandernagore including corporation. 
the soil, sub-soil and the side-drains, footways, pavements, trees, stones 
and other materials, implements and other things provided for such streets 
and other public places, which are situated in Chandernagore shall vest 
in the Corporation. 

605 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part VI.—Civic Services.—Chapter X11.—Streets and Public 
Places.—Sections 185-188.) 

Functions of 
the Chief 
Executive 
Officer in 
respect of 
public 
streets. 

Power to 
make new 
public street, 
etc. 

Power of 
Corporation 
to remove or 
alter 
obstruction, 
encroachment 
or projection_ 

Power to 
move 
anything 
erected, 
deposited or 
hawked in 
contravention 
of this Act. 

(2) Whenever the Corporation proposes to determine the name by 
which any public street or public place is to be known or to change the 
name of any public street or public place, it shall refer the proposal to an 
Advisory Committee constituted under sub-section (3) for its 

consideration. 

(3) The State Government shall, by notification, constitute an 
Advisory Committee for naming, or changing the name or, any public 
street or square in Chandernagore. The Advisory Committee shall consist 
of such number of persons, not exceeding eight but not less than Sive, as 
the State Govenment may think fit. 

185. The Corporation shall cause all public streets vested in it under 
section 184 to be maintained by the Chief Executive Officer who shall 
for this purpose do all things necessary for the public safety and 
convenience including the construction and maintenance of the bridges, 
causeways, sub-ways, flyovers and culverts. 

186. The Corporation may lay out and make new public streets, 
construct bridges, flyovers and sub-ways, classify public streets into 
different categories, turn or divert any existing public street, prescribe a 
regular line for streets or buildings on one or both sides of any public 
street, and take steps in pursuance of a plan for improvement of street 
and street alignments and may, by regulation, make provisions in this 

reaard. 

187. (1) No person shall, except with the permission of the Chief 
Executive Officer, cause any obstruction to or encroachment upon or 
projection over or otherwise occupy any portion of any public street or 
other public place. 

(2) When any verandah, platform, building or other structure or any 
fixture attached to a building so as to form part of the building (whether 
erected before or after the commencement of this Act) causes a projection, 
encroachment or obstruction over or on any public street or other public 
place vested in the Corporation, the Chief Executive Officer, in accordance 
with such regulations as may be made by the Corporation, may, by a 
written notice, require the owner or the occupier of the building to 
remove or alter such verandah, platform, building or other structure of 
fixture. 

188. The Chief Executive Officer may, without notice, cause to be 

remove— 
(a) any wall, fence, rail, post, step, booth or other structure or 

fixture which may be erected or set up in or upon any street, 
footpath or upon or over any open channel, drain, well or 
tank contrary to the provisions of this Act; 

606 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VI.—Civic Services.—Chapter M.—Streets and Public 
Places.—Sections 189, 190.) 

(b) any article, bench, box, ladder, bale, board or shelf or any 
other thing whatsoever placed, deposited, projected, attached 
or suspended in, upon, from or to any place in contravention 
of the provisions of this Act; 

(c) any article whatsoever hawked or exposed for sale in any 
public place or in any public street or footpath in 
contravention of the provisions of this Act and any vehicle, 
package, box, board, shelf or any other thing in or on which 
such article is placed or kept for the purpose of sale, display, 
or otherwise. 

(2) No person shall milk pr cause or permit to be milked any cow or 
buffalo or other animal in any street or other public place. 

(3) Notwithstanding anything contained in any other law for the 
time being in force, the Chief Executive Officer may cause to be removed 
or impounded any animal tethered or being milked or found straying in 
any street or other public place. 

190. (1) If the Corporation considers it expedient to prescribe a 
regular line for streets or building on one or both sides of any public 
street or portion thereof, it shall give a public notice of its intention to 
do so. 

(2) Every such notice shall specify the period within which objections 
will he received by the Corporation and a copy of the notice shall be sent 
by post to every owner of the premises abutting on such public street 
who is registered in respect of such premises in the hooks of the 
Corporation. 

(3) The Corporation shall consider all objections received by it within 
the specified period and make an order specifying a building-line or a 
street-alignment or both for such public street. Every such order shall be 
published in the Official Gazette and shall take effect from the date of 
such publication. 

(4) A register or book with plans attached shall be kept by the 
Corporation showing all public streets in respect of which a building-
line or a street-alignment has been specified and such register shall contain 
such particulars as may appear to the Chief Executive Officer to he 
necessary and shall he open to inspection by the public on payment of 
prescribed fee. 

Power of 
Corporation 
to specify 
building line 
and street 
alignment. 

189. (1) No person shall tether any animal or cause or permit any Prohibition 

animal to be tethered or strayed in any public street or other public of tethering
nimals of a  

place. 	 and milking 
of cattle. 

607 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Power of 
the Chief 
Executive 
Officer to 
authorise 
temporary 
construction 
or temporary 
closure parts 
of public 
streets. 

Rights of 
way for 
underground 
utilities. 

Closure of 
public street 
for parking 
purposes. 

Owner's 
obligation to 
make a street 
where 
dealing with 
land. 

(Part VI.—Civic Services.—Chapter X11.—Streets and Public 
Places.—Sections 191-194.) 

(5) Whenever it is proposed to repair, re-build, remove, construct or 
re-construct any building or portion thereof abutting on a public street in 
respect of which a building-line or street-alignment has been specified 
by an order, the Chief Executive Officer may give direction for setting 
back or setting forward all such buildings or portions thereof in such 
manner as may be determined by regulation. 

191. The Chief Executive Officer may authorise temporary 
construction on, or temporary closure of, any part of a public street on 
such occasions and on such conditions and for such period as the 
Corporation may provide by regulation made in this behalf. 

192. Subject to the provisions of any other law for the time being in 
force, the State Government may, by rules, provide for— 

(a) sanction by the Corporation of specific rights of way in the 
sub-soil of public and private streets in Chandernagore for 
different public utilities including electric supply, telephone 
and other tele-communication facilities, gas pipes, water-
supply, sewerage and drainage, pedestrian sub-ways, 
shopping places,warehousing facilities and the apparatus 
and appurtenances related thereto provided by the State 
Government; any statutory body or any licensee under any 

law; 

(b) levy of any fee of charges permissible under law; 

(c) furnishing to the Corporation of maps, drawings and 
statements which shall enable it to compile and maintain 
the precise records of the placements of the underground 
utilities in Chandernagore. 

193. The Chief Executive Officer may, with the prior approval of 
the Mayor-in-Council, close any portion of a public street and declare it 
as a parking area and charge parking, fees at different rates for different 
vehicles for different areas and for different periods in accordance with 
such regulation as may be made in this behalf. 

194. (1) If the owner of any land utilizes, sells, leases or otherwise 
disposes of such land or any portion thereof as plots for the construction 
of buildings thereon, he shall lay down and make street or streets giving 
access to the plots into which the land may be divided and connecting 
such street or streets with any existing public street or private street. 

608 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V1.—Civic Services.—Chapter X11.—Streets and Public 
Places.—Sections 195, 196.—Lighting.—Section 197.) 

(2) Before utilising, selling or otherwise disposing of any land under 
sub-section (1), the owner thereof shall send to the Chief Executive Officer 
a written application with a layout plan of the land showing the following 
particulars: 	 

(a) the plots into which the land is proposed to be:divided for 
the erection of building thereon and the purposes for which 
such buildings are to be used; 

(b) the reservation or allotment of any site for any street, open 
space, park, recreation ground, school, market or any other 
public purpose; 

(c) the intended level, direction and width of street or streets, 
including footpaths and drain; 

(d) the regular line of street or streets; 
(e) the arrangements to be made for levelling, paving, metalling, 

flagging, channelling, sewering, draining, conserving and 
lighting street or streets. 

(3) No deed of transfer shall be registered under any law for the 
time being in force for any land governed by this section until the layout 
plans have been approved by the Chief Executive Officer and 
infrastructural constructions completed up to the satisfaction of the Chief 
Executive Officer in accordance with such regulation as may be made in 
this behalf. 

195. If any private street has been levelled, paved, metalled, flagged, 
channelled, sewered, drained, conserved and lighted to the satisfaction 
of the Mayor-in-Council, the Chief Executive Officer may and, if the 
street is not less than six metres in width, on a requisition by a majority 
of the owners of the street, shall declare such street to be a public street 
and upon such declaration, such street shall vest in the Corporation. 

196. No person shall make any new street without the prior approval 
of the Mayor-in-Council. 

Lighting 

197. (1) The Corporation shall— 
(a) take measures for lighting, in a suitable manner, the public 

streets, squares and municipal markets and all buildings 
vested in the Corporation; 

(h) procure, erect and maintain such number of lamps, lamp-
posts and other appurtenances as may be necessary for such 
lighting; and 

(c) cause such lamps to be lighted by means of oil, gas, electricity 
or such other means as the Corporation may from time to 
time determine. 

Private 
street to be 
public street. 

Prohibition 
of making 
new streets. 

Provision for 
lighting of 
public 
streets, 
squares, 
markets and 
buildings. 

609 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part VI-I.—Chapter XIII.—Buildings.— 
Sections 198-200.) 

(2) The Corporation may itself or in conjunction with any firm or 
company and in accordance with such regulations as may be made by 
the Corporation, erect plants and machineries for the generation of power 
and production of gas for the purpose of lighting. 

(3) The Corporation may place and maintain— 

(i) electric wires or gas-pipes for the purpose of lighting such 
lamps under, over, along or across any immovable property, 
and 

(ii) posts, poles, standards, stays, struts, brackets, tunnels, 
culverts or any other contrivance for carrying suspending or 
supporting such lamps, gas-pipes or electric wire in or upon 
any immovable property: 

Provided that such pipes, wires, posts, poles, standards, stays, struts, 
brackets, tunnels, culverts or other contrivance shall be so placed, as to 

• occasion as little damage, detriment, inconvenience or nuisance to any 
person as the circumstances permit. 

PART VII 

CHAPTER XIII 

Use of land 
for erection 
of new 
building. 

Application 
for sanction 
for erection 
of buildings. 

Sanction or 
provisional 
sanction or 
refusal of 
sanction of 
building. 

Buildings 

198. No person shall use any piece of land as a site for erection of a 
new building except in accordance with the provisions of this Act and of 
the rules and the regulations made there under in relation to such erection 

of building: 

199. Every person who intends to erect a building shall apply for 
sanction by giving notice in writing of his intention to the Chief Executive 
Officer in such form and containing such information or documents as 
may be prescribed. 

200. The Chief Executive Officer shall sanction the building 
ordinarily within a period of sixty days unless further information or 
document be called for or sanction be refused in the meantime on such 
grounds as may be prescribed: 

Provided that a provisional sanction may he given for the erection of 
building for the use of which a licence or permission is required from 
any department of Government or statutory body under any law for the 
time being in force in accordance with such procedure as may be 

prescribed: 
Provided further that if it appears to the Chief Executive Officer that 

the site of the proposed building is likely to be affected by any scheme of 
acquisition of land for any public purpose or by any proposed regular 

610 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part Ill.—Chapter X111.—Buildings.—
Sections 201-203.) 

line of public street or extension, improvement, widening or alteration 
of any street, the Chief Executive Officer may withhold sanction to the 
erection of the building for a period not exceeding eight months. 

201. After a building plan is sanctioned, the person who has given 
the notice shall commence work and complete the same within such 
period or extended period as may be prescribed. 

202. (1) Where the erection of any building or the execution of any 
work in pursuance thereof has been commenced, or is being carried on, 
or has been completed without or contrary to the sanction or in 
contravention of any of the provisions of this Act or the rules and the 
regulations made thereunder, the Chief Executive Officer may, in addition 
to any other action that may be taken under this Act, make an order 
directing that such erection or work shall be stopped or demolished or 
such addition or alteration thereto as the Chief Executive Officer considers 
necessary be made by the person at whose instance the erection or the 
work has been commenced, or is being carried on, or has been completed. 

(2) The Chief Executive Officer may make an order under sub-
section (1), notwithstanding the fact that the assessment of such 
building has been made for the levy of the consolidated rate on lands 
and buildings. 

(3) Any person aggrieved by an order of the Chief Executive Officer 
made under sub-section (I) may, within thirty days from the date of the 
order, prefer an appeal against the order to the Municipal Building 
Tribunal appointed under this Chapter. 

(4) No court shall have jurisdiction in any matter for which provision 
is made under this Chapter for appeal to the Municipal Building Tribunal. 

(5) If a person fails to comply with a conclusive order of the Chief 
Executive Officer or the Tribunal, as the case may be, under this section, 
the Chief Executive Officer may himself cause the order to he carried out 
and recover the expenses thereof from such person as an arrear of tax 
under this Act. 

(6) Notwithstanding anything contained in this Chapter, if the Mayor-
in-Council is of the opinion that immediate action is called for in relation 
to a building or any work being carried on in contravention of the 
provisions of this Chapter, it may, for reasons to be recorded in writing, 
cause such building or work to he demolished forthwith. 

Period for 
completion 
of building. 

Order of 
demolition or 
stoppage of 
building and 
works. 

	

203. No new building or a part of a new building shall be occupied 	Completion 

	

for use until and unless a certificate of completion of the building or a 	ceai 

part of its has been submitted to the Corporation. 

611 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part VII—Chapter XIIL—Buildings.— 
Sections 204-206.) 

Prohibition 
on change of 
use of 
building. 

Power to 
order 
removal of 
dangerous 
buildings. 

Municipal 
Building 
Tribunal for 
Chandema✓eae. 

204. (1) No person shall without any written permission of the Chief 
Executive Officer change or allow the change of the use of any building 
for any purpose other than that specified in the sanction or convert or 
allow the conversion of a tenement under a particular occupancy or use 
group to be a tenement under another occupancy or use group. 

(2) Where the Chief Executive Officer refuses to give such 
permission, he has give a reasonable opportunity of being heard to the 

person seeking permission. 

(3) Any person aggrieved by an order of the Chief Executive Officer 
under sub-section (2) may, within thirty days from the date of the order, 
prefer an appeal before the Municipal Building Tribunal. 

205. (1) If it appears to the Chief Executive Officer at any time that 
any building is in a ruinous condition or is in any way dangerous, the 
Chief Executive Officer may by an order require the owner or the occupier 
of such building to demolish, secure or repair such building. 

(2) If it appears to the Chief Executive Officer that the danger from 
such building is imminent, he may, before making the order as aforesaid, 
take such steps as may be necessary to prevent the danger. 

(3) If the owner or the occupier of the building does not comply with 
the order under this section, the Chief Executive Officer shall take such 
step in relation to the building as may be necessary to prevent any cause 

of danger therefrom. 

(4) All expenses incurred by the Chief Executive Officer in relation 
to any building under this section shall be recoverable from the owner or 
the occupier thereof, as the case may be, as an arrear of tax under this 

Act. 

206. (1) The State Government shall appoint a Municipal Building 
Tribunal for Chandernagore to hear and decide appeals under this 

Chapter. 
(2) The Tribunal shall consist of a Chairman and two Assessors. 

(3) The Chairman shall be an officer of the West Bengal Higher 

Judicial Service having such experience as may be prescribed. 

(4) One of the Assessors shall be appointed by the State Government 

and the other shall be appointed by the Corporation: 
Provided that no Councillor, Alderman or Officer or employee of the 

Corporation shall be appointed as an Assessor. 

(5) The Chairman and the Assessors shall be appointed for such 
period and on such terms and conditions as the State Government may, 

by notification, specify. 

612 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VIL—Chapter 

Sections 207-209.) 

(6) The Chairman of the Tribunal shall appoint and maintain such 
officers and employees in his establishment and on such terms and 
conditions of service as may be prescribed. 

(7) The business of the Tribunal shall be conducted in such manner 
as the Chairman of the Tribunal may, from time to time, with the previous 
approval of the State Government, determine. 

(8) All expenses of the Tribunal shall be paid out of the Municipal 
Fund. 

(9) Notwithstanding anything contained in this Chapter, the State 
Government may appoint for Chandernagore any other Municipal 
Building Tribunal under any other law in force for the time being and 
such Tribunal shall exercise the powers of the Tribunal under this Chapter. 

207. The Chief Executive Officer may, from time to time and in 
such manner as may be prescribed, grant licence to a person to act as a 
Licensed Building Architect or a Licensed Building Surveyor for the 
purpose of this Chapter. 

208. The State Government may, in addition or modification to 
Schedule II, make rules for— 

(a) regulation of restriction of the use of site of building; 

(b) regulation of fire protection measures and structural and 
other safeties of building; 

(c) regulation of conveniences and amenities in building 
including quality of materials, plumbing services, 
workmanship and the like; 

(d) regulation of architectural designs of buildings; and 

(e) regulation of building uses for the purpose of residence, 
hospitals, nursing homes, factories, ware-houses, eating 
houses, theatres, cinemas, commercial institutions, 
educational buildings and the like. 

209. (1) The Corporation may give public notice of its intention to 
declare— 

(a) that in any - street or portion thereof specified in such notice 
the elevation and construction of the frontage of all buildings 
or any classes of buildings erected or re-erected alter such 
notice shall, in respect of their architectural features, be such 
as the Corporation may consider suitable to the locality; or 

Licensed 
Building 
Architect and 
Licensed 
Building 
Surveyor. 

Municipal 
Building 
Regulation. 

Power to 
regulate 
future 
construction 
of building in 
particular 
streets of 
localities. 

613 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Power to 
prohibit 
change of 
authorised 
use of 
building. 

(Part VIL—Chapter 
Section 210.) 

(b) that in any locality specified in such notice, there shall be 
allowed the re-erection of only detached or semidetached 
buildings or both and that the land appurtenant to each such 
building shall be of an area not less than that specified in 

such notice; or 

(c) that the division or sub-division of building plots in a 
particular locality shall be of a specified area; or 

(d) that in any locality specified in the notice, the construction 
of more than a specified number of buildings on each acre of 

land shall not be allowed; or 
(e) that in any street, portion of street or locality specified in 

such notice, the construction of any one or more of the 
different classes of buildings like residential, commercial, 
mercantile, industrial, institutional, storage or hazardous 
buildings, shall not be allowed without the special permission 

of the Corporation. 
(2) The Mayor-in-Council at a meeting shall consider all suggestions 

or objections, received within a period of three months of the publication 
of such notice, and may confirm the declaration or may modify it but not 
so as to extend its effect. 

(3) The Corporation shall publish any declaration so confirmed or 

modified in the Official Gazette and the declaration shall take effect 

from the date of such publication. 
(4) No person shall, after the date of publication of such declaration, 

erect or re-erect and building in contravention of such declaration. 

(5) The Corporation shall, before making a declaration under sub-
section (1), obtain the views of the Municipal Building Committee upon 
it also ensure that such declaration is in conformity with the provisions 
of any Development Plan in force under the West Bengal Town and 

Country (Planning and Development) Act, 1979. 

210. (1) No person shall, without written permission of the Chief 
Executive Officer or otherwise than in conformity with the conditions, if 

any, of such permission— 
(a) use or permit to he 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; 

West Ben. 
Act XIII of 
1979. 

614 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V1L—Chapter Xlll. Buildings.—
Section 210.) 

(d) convert or allow the conversion of a tenement within a 
building to an occupational use other than what was intended 
in the original sanctioned plan, nor materially alter, enlarge 
or extend the use permitted by the Chief Executive Officer. 

(2) If, in any case, such permission is given, no change of occupancy 
or use shall be allowed before any necessary alterations or provisions 
have been made to the satisfaction of the Chief Executive Officer and in 
accordance with the provisions of this Act or the rules and the regulations 
made thereunder or of any other law in force for the time being. 

(3) Any change of use made before the commencement of this Act 
shall be deemed to be an unauthorised change and shall be dealt with 
under the provisions of this Act. 

(4) Notwithstanding any other action that may be taken against any 
person, whether owner or occupier, contravening any provision of this 
section, the Corporation may levy on such person, in accordance with 
such scale as may be prescribed, a fine not exceeding in each case rupees 
one hundred per square metre per month for the area under unauthorised 
use throughout the period during which such contravention continues. 

(5) The Chief Executive Officer, may, if he deems fit, order that the 
unauthorised use be stopped forthwith: 

Provided that before making any such order, the Chief Executive 
Officer shall give a reasonable opportunity to the person affected to show 
cause why an order shall not be made. 

(6) Any person a..rgrieved by an order of the Chief Executive Officer 
under sub-section (5) may, within thirty days from the date of the order, 
prefer an appeal against the order of the Chief Executive Officer to the 
Mayor-in-Council whose decision in the matter shall be final and 
conclusive. 

(7) Where an appeal is preferred under sub-section (6), the Mayor-
in-Council may stay the enforcement of an order passed by the Chief 
Executive Officer on such terms and for such period as it may think fit. 

(8) Save as otherwise provided in this section, no court shall entertain 
any suit, application or other proceeding for injunction or other relief 
against the Chief Executive Officer or the Mayor-in-Council to restrain 
from taking any action or making any order in pursuance of the provisions 
of this section. 

Explanation.—"Unauthorised use" in this Chapter shall mean change 
or conversion of a building without sanction from one occupancy or use 
to another occupancy or use for residential, commercial, mercantile, 
industrial, storage, institutional, congregational, hazardous (dangerous 
and offensive) or the like purpose. 

615 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Licence to be 
obtained for 
use of 
premises for 
non-
residential 
purposes. 

Power to 
prevent use 
of premises 
for specified 
purposes in 
particular 
area for 
environmental 
reasons. 

Approval of 
building-sites 
and sanction 
of plan for 
erection of 
building. 

Prohibition 
of erection of 
building 
without 
sanction. 

Application 
for erection 
or re-erection 
of building to 
be accom-
panied by 
building 
plan. 

(Part VIL—Chapter X111.—Buildings.—Sections 211-215.) 

211. (1) No person shall use or permit to be used any premises for 
any of the non-residential purposes as mentioned in Schedule II without 
or otherwise than in conformity with a licence granted by the Chief 
Executive Officer in this behalf on such terms and conditions including 
payment of fees as may be determined by regulations. 

(2) The Mayor-in-Council shall determine by regulation a scale of 
fee to be paid for issue of lincence in respect of premises used for non-
residential purposes under sub-section (1): 

Provided that no such fees shall exceed five hundred rupees per month 

in respect of any premises. 

212. ( I) The Mayor-in-Council may give public notice of its 
intention to declare that in any area specified in the notice, no person 
shall use any premises for any purpose specified in such notice and for 

reasons stated therein. 
(2) Objections to any such notice shall be received within a period 

of one month from the publication of the notice. 

(3) The Mayor-in-Council shall consider all objections received 
within the period as aforesaid after giving any person affected by the 
notice an opportunity of being heard and may thereupon make a 
declaration in accordance with the notice published under sub-section 
(1) with such modifications, if any, as it may think fit. 

(4) No person shall, in any area specified in the declaration published 
under sub-section (4), use any premises for any purpose specified in the 
declaration, and the Chief Executive Officer shall have the power to stop 
the use of any such premises by such means as he considers necessary. 

213. No piece of land shall be used as a site for the erection of a 
building unless such site has been so approved and no building shall be 
erected unless a building plan has been sanctioned for the same in 
accordance with the provisions of this Chapter and of any rule, regulation 

or by-law made under this Act. 

214. No person shall erect or commence to erect any building or 
execute any building work specified except with the previous sanction of 
the Mayor-in-Council and in accordance with the provisions of this 

Chapter and of the rules and the regulations made under this Act in 

relation to such erection of building or execution of work. 

215. Every person who intends to erect or re-erect a building shall 
first submit an application with a building plan in such form and 
accompanied by such plans and specification and containing such 

information as may be prescribed. 

616 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part WI—Chapter X111.—Buildings.—Sections 216-220.) 

216. (I) Every person making an application to erect or re-erect a 
building shall specify the purpose for which such building is intended to 
he used. 

(2) The Mayor-in-Council may require that a building may not be 
erected or re-erected for more than one occupancy or use or contrary to 
such mixed uses as the Mayor-in-Council may from time to time 
determine consistent with the provisions of this Act or any other law for 
the time being in force. 

217. (1) Within sixty days after the receipt of any application with 
building plan or of any information or document which the Mayor-in-
Council may require the applicant to furnish before deciding whether 
sanction shall be accorded in this regard, the Mayor-in-Council shall, be 
written order, either— 

(a) accord sanction to the building plan conditionally or 
unconditionally and give permission to execute the work, or 

(b) refuse, on one or more of the grounds mentioned in section 
220, to accord such sanction, or 

(c) accord sanction but impose conditions for permission to 
execute the work. 

(2) Any building plan snactioned under this section shall remain 
valid for three years from the date of such sanction and may be renewed 
for another two years on payment of fees as may be levied by the Mayor-
in-Council by regulation. 

218. If within the period referred to in sub-section (1) of section 217 
the Mayor-in-Council has neither accorded nor refused to accord sanction 
to a building plan, nor granted permission td execute a work, such sanction 
or permission shall be deemed to have been granted, but the same shall 
not contravene any of the provisions of this Act, or of the building 
regulations or of any rule or bye-law applying thereto. 

219. Not less than Seven days before any person commences to erect 
or re-erect a building, the owner of the building shall send to the Chief 
Executive Officer a written notice specifying the date on which he 
proposes to commence the work. 

220. The sanction of a building plan may be refused on any of the 
following grounds:— 	• 

(a) that the approval of the building site has not been obtained 
as required under the provisions of this Act and the rules 
and the bye-laws made thereunder; 

Purpose for 
which 
building to 
be used and 
conditions of 
validity of 
notice. 

Sanction of 
building plan 
and 
permission to 
execute 
work. 

Sanction to 
be implied if 
the Mayor-
in-Council 
defaults in 
according 
sanction. 

Notice to 
Chief 
Executive 
Officer before 
commence-
ment of work. 

Grounds on 
which 
sanction may 
be refused. 

617 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Period for 
completion 
of building 
work. 

(Part VI-I.—Chapter X111.—Buildings.---Sections 221, 222.) 

(b) that the ground plan, elevation, section or specification would 
contravene any of the provisions of this Act or the rules made 
thereunder, or of any other law for the time being in force; 

(c) that the application with building plan does not contain the 
necessary particulars and has not been prepared in the manner 
as required under the rules and the regulations made in this 

behalf; 

(d) that any information or document required by the Corporation 
in this behalf has not been duly furnished, and in cases 
requiring a lay-out plan under the provisions of this Act, 
such lay-out plan has not been sanctioned as required under 
the provisions of this Act; 

(e) that the building of the work would be an encroachment on 
Government land or land vested in the Corporation; 

(f) that, for the use of the building for non-residential purposes, 
if any, a license or permission has not been obtained for such 
use as required under the provisions of this Act or any other 

law for the time being in force: 

Provided that a provisional sanction may be given in this regard for 
erection or re-erection of a building which may be confirmed by final 
sanction upon production of necessary license or permission from the 
Corporation, Government or any statutory body, as the case may be. 

221. The Corporation shall, when granting permission conditionally 
or unconditionally to execute the work, specify a period within which 
the building or the work is to be completed and if the building or the 
work is not completed within the period so specified, it shall not be 
continued thereafter without fresh permission unless the Corporation on 
an application made in this behalf allows an extension of such period: 

Provided that the Corporation may, if it considers necessary, require 
a modification of the building plan for reasons to be recorded in writing 
in the case of inordinate delay in completion of the work. 

Completion 	222. (1) Every person submitting an application with building plan 
certificate. 	for every owner of a building or a work to which such application relates 

shall, within one month after the completion of erection of such building 
or execution of such work, deliver or send or cause to be delivered or 
send to the Corporation a notice, in writing of such completion 
accompanied by a certificate in the form specified in the rules made in 
this behalf and shall give to the Corporation all necessary facilities for 

inspection of such building or work. 

618 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V1L—Chapter X111.—Buildings.—Sections 223, 224.) 

(2) No person shall occupy or permit to be occupied any such building 
or use or permit to be used any building or a part thereof affected by any 
such work until permission has been granted by the Corporation in this 
behalf in accordance with the rules and the regulations made under this 
Act: 

Provided that if the Corporation fails, within a period of thirty days 
of receipt of the notice of completion, to communicate his refusal to 
grant such permission, such permission shall be deemed to have been 
granted. 

223. (1) Notwithstanding the provisions of this Act or the rules and 
the regulations made thereunder or any other law in force for the time 
being, the Corporation may, in the case of any building which is intended 
to be erected at the corner of two streets, 	 

(a) refuse sanction without assigning any reason, or 
(b) impose restrictions on its use, or 
(c) impose special conditions concerning exit to or entry from 

any street, or 
(d) require it to be rounded off or played off or cut off to such 

height and to such extent as may be determined, or 
(e) acquire on payment of compensation such portion of the site 

at the corner as may be considered necessary for public 
convenience or amenity: 

Provided that no such action shall be taken without prior approval of 
the Municipal Building Committee in accordance with the provisions of 
this Chapter. 

(2) The Corporation may require any alteration to be carried out for 
conformity to any of the provisions of clauses (b) to (c) of sub-section (1) 
in respect of any building completed before the commencement of this 
Act. 

224. (1) If the Corporation is satisfied—
(a) that the erection of any building— 

(i) has been commenced without obtaining sanction or 
permission under this Act or the rules or the regulations 
made thereunder or completed otherwise than in 
accordance with the particulars on which Such sanction 
or permission is based after such sanction or permission 
has been lawfully withdrawn, or 

(ii) is being carried on or has been completed in 
contravention of any provision of this Act or the rules 
or the by-laws made thereunder, or 

Power in 
cases of 
buildings at 
corners of 
street. 

Un-
authorised 
construction. 

619 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Power to 
stop 
excavation. 

Power of the 
Corporation 
to stop un-
authorised 
constructions. 

(Part VII.—Chapter X111.-Buildings.-Sections 225, 226.) 

(b) that any building or projection exists in violation of any 
condition, direction or requisition lawfully given or made 
under the provisions of or Act or the rules or the regulations 

made thereunder, 

(c) that any material alteration of, or addition to, any building 
has been commenced or is being carried on or has been 
completed in contravention of any provision of this Act or 

the rules or the by-laws made thereunder, 
it may after giving the owner of the building a reasonable opportunity of 
being heard, make an order directing that such erection, alteration, 
addition or projection as the case may be, or so much thereof as has been 
executed unlawfully or such building or existing structure be demolished 
or altered and upon such order, it shall be the duty of the owner to cause 
such demolition or alteration to the satisfaction of the Mayor-in-Council 
within such period as may be fixed in this behalf and, in default, the 
same may be demolished or altered by the Mayor-in-Council at the 

expenses of the said owner. 

(2) An appeal against an order made by the Corporation in this behalf 
shall lie with the District Judge having jurisdiction upon a memorandum 
of appeal filed within thirty days of the aforesaid order. 

225. If, during excavation or any other operation for the purpose of 
construction of any building or execution of any work, any of the 
underground utilities such as electric or telephone cables, water-supply, 
sewerage and drainage mains, or gas pipe is touched or is likely to be 
touched or if the Corporation is of opinion that such excavation may 
cause danger to public, the Corporation may, by a written order, stop 
forthwith any such excavation or other work till the matter is investigated 

and decided to its satisfaction. 

226. (1) In any case in which the erection of a building, or any 

other work connected therewith has been commenced or is being carried 
on unlawfully having regard to the provisions of this Chapter, the 
Corporation may, by written notice, require the person car ging on such 
erection or unlawful work to discontinue the same forthwith, pending 
further proceedings as respects such unauthorised contruction. 

(2) If any notice issued under sub-section ( I) is not duly complied 
with, the Corporation may, with the assistance of the police, if necessary, 
take such steps as it may consider necessary to stop the continuance of 

the unalwful work. 

620 



The Chandernagore Municipal Corporation Act,- 1990. 

XXXII of 1990.] 

(Part VII.-Chapter X111.—Buildings.—Sections 227. 228.—
Chapter XIV.—Bustees.—Section 229.) 

(3) If it appears to the Corporation that it is necessary in order to 
prevent the continuation of the unlawful work, to depute any police or 
municipal officer to watch the premises, the cost of providing the same 
shall be borne by the person to whom the notice was issued under sub-
section (1). 

227. (1) The Corporation may, with a view to promoting safety, 
convenience, privacy or sanitation or to securing conformity with the 
provisions of this Act and the rules and the regulations made thereunder, 
by order stating reasons in writing require the owner of any existing 
building to make such alterations therein within such period as may be 
specified in the order: 

Provided that before making any such order, the Corporation shall 
afford a full opportunity to the owner to show cause why such order 
should not be made. 

(2) An appeal against an order made by the Corporation under this 
section shall lie with the District Judge having jurisdiction. 

228. (1) The Corporation may, for sufficient reasons, by an order 
require the owner or occupier of any building abutting on a public or 
private street to keep the external parts of the building including the roof 
thereof in proper repair with lime plaster or other material, or property 
painted to the satisfaction of the Corporation. 

(2) If such owner or occupier makes persistent default in carrying 
out an order under sub-section (1), the Corporation may itself carry out 
the work and recover the cost thereof from the owner or the occupier of 
the building. 

(3) Notwithstanding anything contained in any other law for the 
time being in force, the Corporation may apportion the costs incurred 
under sub-section (1) or sub-section (2) as between the owner and the 
occupier in such manner as it may consider just and resonable. 

(4) The Corporation may create and administer a special fund for 
maintenance as well as improvement of buildings in any area on corporate 
basis in accordance with such procedure as may be prescribed. 

CHAP1 BR XIV 

Bustees 

229. The Corporation may define the external limits of any bustee 
and may from time to time alter such limits. 

Power to 
require 
alteration of 
existing 
buildings. 

Maintenance 
of building. 

• 
Power of 
Corporation 
to define and 
alter limits of 
bustees. 

621 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Preparation 
of improve-
ment 
schemes for 
bustees. 

Power of 
Corporation 
to acquire 
the right of 
user in land 
in or around 
bustee. 

Sanction of 
building 
plans in a 
bustee. 

(Part VII—Chapter X1V—Bustees.—Sections 230-232.) 

230. (1) The Corporation may, with the approval of the State 
Government, prepare and execute improvement scheme for the purpose 
of effecting environmental or general improvement of bustees. Such 
scheme may provide for water-supply, sanitation, pathways, lighting and 

the like. 

(2) Notwithstanding anything contained hereinbefore the Chief 
Executive Officer may, for reasons for environmental sanitation, cause 

the following works to be executed in any bustee:— 

(a) sinking of tube-wells inside a bustee including laying of 
water-pipe lines, installation of overhead reservoirs and other 
appurtenances necessary to maintain flushing for privies and 

sewers; 

(b) laying of drains and diversion of existing drains; 

(c) conversion of service privies into connected privies or septic 

tank privies; 

(d) removal of solid or liquid wastes from the bustees including 
removal of silt from sewers, sludge from septic tanks or 

cleaning of squating platforms; 

(e) repair work relating to any of the above activities. 

231. If, at any time, it becomes necessary to acquire the right of uses 
in any land in or around any bustee for the purpose of effecting 
improvement, the Corporation shall follow such procedure as may be 

prescribed: 

Provided that the compensation payable to any person whose right of 
enjoyment in such land has been prejudicially affected by such acquisition 
shall be calculated at ten per cent of the market value of such land on the 
date. the Corporation declares its intention to acquire such right. 

232. The Corporation may sanction building plans submitted by an 
owner of land in a bustee for the purpose of permanent construction in 
the nature of renovations, additions and alterations to and conversion of 
the existing huts into pucca structures and also for construction of new 

structures under such building regulations and upon payment of such 
fees as may be determined by the Corporation by regulation: 

Provided that a lay-out plan of a bustee or such part thereof as may 
be determined by the Corporation shall be prepared by the Corporation 
before such sanction is accorded. The method of preparation of a lay-out 
plan and the items to be•provided therein shall be such as may be 

prescribed. 

622 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VI/.—Chapter XV.—Solid Wastes.—Section 233.—Chapter XVI .—
Environmental Precautions.—Inspection and regulation of premises 
and factories, workshops and places of public resort.—Section 234.) 

CHAPTER XV 

West Ben. 
Act XIII of 
1979. 

Solid Wastes 

233. (1) For the purpose of securing efficient scavenging and 
cleansing of all streets, public places and premises in Chandernagore 
the Corporation shall undertake the function of collection, removal and 
disposal of solid wastes. 

(2) All matters deposited in public receptacles, depots, and places 
provided or appointed by the Corporation for collection of solid wastes 
shall be the property of the Corporation. 

(3) The Corporation may, by regulation, specify the duties of the 
owners or occupiers of the premises in the matter of collection of solid 
wastes and different provisions may be made for premises in different 
types of occupational uses. 

(4) The Corporation shall provide vehicles or other suitable means 
for removal of'>olid wastes. 

(5) The Corporation shall provide or appoint in proper and convenient 
situations public receptacles, depots and places for the temporary deposit 
of solid wastes including rubish, carcases and other offensive matters. 

(6) The Corporation may dispose of the solid wastes in 	manner 
as may be approved by the State Government and at such place within or 
outside Chandernagore as it considers suitable: 

Provided that no place which has not been used before the 
commencement of this Act for the purpose of disposal of solid wastes 
shall be so used except in conformity with the provisions of the West 
Bengal Town and Country (Planning and Development) Act, 1979. 

(7) Notwithstanding anything to the contrary contained in any other 
law in force for the time being, no methor or other employee of the 
Corporation who is employed toremove or otherwise to deal with defferent 
kinds of solid wastes shall, without giving the Chief Executive Officer 
any notice of his intention so to do or without the permission of the 
Chief Executive Officer, withdraw. 

Collection, 
removal and 
disposal of 
solid wastes. 

CHAPTER XVI 

ENVIRONMENTAL PRECAUTIONS 

Inspection and regulation of premises and factories, workshops 
and places of public resort 

234. If, for any reason, any building or portion of a building, intended Procedure in 

for, or used as, a dwelling place appears to the Chief Executive Officer to cases of
buildings 

be unfit for human habitation, he may, if he considers that the building deemed unfit 
for human 
habitation. 

623 



The Chandernagore Municipal Corporation Act, 1990. 

Warehouse, 
godown, etc. 
not to be 
established 
without 
permission. 

Factory, etc. 
not to be 
established 
etc. without 
permission 
of the Chief 
Executive 
Officer. 

Eating-
houses, etc. 
not to be 
used without 
licence from 
Chief 
Executive 
Officer. 

[West Ben. Act 

(Part V1L—Chapter Xi/I.—Environmental Precautions.—Inspection 
and regulation of premises and factories, workshops 

and places of public resort.—Sections 235-237.) 

or the portion thereof can be altered to make it fit for human habitation, 
by an order in writing require the owner of such building to make such 
alteration in the building or the portion thereof as he thinks necessary 
within a period specified in the order. Where the Chief Executive Officer 
considers that the building or the portion thereof cannot be so altered as 
to make if fit for human habitation or where the building or the portion 
thereof is not as altered as required by the Chief Executive Officer, the 
Chief Executive Officer shall take such steps as may be necessary to 
enforce such order. 

235. (1) No person shall, without the previous permission of the 
Chief Executive Officer, use or materially alter, enlarge or extend the 
use of any premises as a warehouse or godown or for running a goods 
transport business either by his own carriers or by arrangement with the 
owners of such carriers. 

(2) The Chief Executive Officer may refuse to give such permission 
or impose such conditions as it thinks fit, if in his opinion such use 
would be objectionable due to traffic constraints in the vicinity of 
such premises or inadequacy of space for parking of vehicles or 
loading or unloading of goods; or would constitute a fire hazard or other 
nuisance. 

236. (1) No person shall, without the previous written permission 
of the Chief Executive Officer, establish any premises, or materially alter, 
enlarge or extend any factory or workshop or work-place, in which it is 
intended to employ steam, electricity, water or other mechanical 
power. 

(2) The Chief Executive Officer may, in accordance with such 
regulations as may be made by the Corporation, rufuse to give permission 
under sub-section (1) if he is of opinion that the establishment, alteration, 
enlargement or extension of such premises, factory, workshop or work-
place would be objectionable by reason of the density of the population 
in the neighbourhood thereof or would be nuisance to the inhabitants 
of _the neighbourhood. 

237. (1) No person shall, without or otherwise than in conformity 
with the terms of a licence granted by the Chief Executive Officer in 
this behalf and on payment of such fees as may be determined, keep 
any eating-house, tea-shop, hotel, boarding house, bakery, aerated 
water factory, ice factory or other place where food is sold or prepared 
for sale. 

624 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VII.—Chapter XVI.—Environmental Precautions.—Inspection 
and regulation of premises and factories, workshops 

and places of public resort—Sections 238, 239.—Chapter XVII.— 
Markets and Slaughter houses.—Section 240.) 

(2) The Chief Executive Officer may at any time cancel or suspend 
any licence granted under sub-section (1) if he is of opinion that the 
premises covered by it are not kept in conformity with the terms of such 
licence or the provisions of any rules and regulations, relating to such 
premises, whether the licensee is prosecuted under this Act or not. 

238. No person shall, without or otherwise than in conformity with 
the terms of a licence granted by the Chief Executive Officer in this 
behalf and on payment of such fees as may be determined, keep open any 
theatre, circus, cinema-house, dancing hall or other similar place of public 
resort, recreation or amusement: 

Provided that this section shall not apply to private performance in 
any such place. 

239. If the Chief Executive Officer is of opinion that any eating-
house, tea-shop,. hotel, boarding house, bakery, aerated water factory, ice 
factory or other place where food is sold or prepared for sale or any 
theatre, circus, cinema-house, dancing hall or similar other place of public 
resort, recreation or amusement, as the case may be, is kept open without 
or otherwise than in conformity with the terms of a licence granted under 
section 238, he may by an order in writing stop the use of any such 
premises for any such purpose for such period as may be specified in the 
order after recording reason of such opinion: 

Provided that no such order shall be made until the licensee or other 
person keeping the premises so open has been given an opportunity of 
being heard. 

CHAPTER XVII 

Mrkets and Slaughter-houses 

240. (1) The Corporation may own, purchase or take on lease any 
land or building for the purpose of establishing municipal market or 

slaughter-house or stock-yard or improving an existing municipal 
market, slaughter-house or stock-yard and make provision for such 
maintenance. 

(2) The Corporation may after giving general notice close any 
municipal market or slaughter-house or stock-yard or any portion thereof 
and the premises occupied for any municipal market, slaughter=house or 
stock-yard or any portion thereof so closed shall be vacated by the 
occupants in accordance with such notice. 

Licensing 
and control 
of theatres, 
circuses and 
places of 
public 
amusement. 

Power of 
Chief 
Executive 
Officer to 
stop use of 
premises 
when used 
without or 
otherwise 
than in 
conformity 
with terms of 
licence. 

Power of 
Corporation 
to provide 
and maintain 
municipal 
markets, 
slaughter- 
houses and 
stock-yards. 

625 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part VH.—Chapter XVIL—Markets and Slaughter houses.— 
Sections 241-245.) 

Power of 
Chief 
Executive 
Officer to 
grant license 
for private 
markets, etc. 

Licensing of 
butchers and 
sale of meat, 
etc. outside 
market. 

Levy of 
stallage rent 
and fee. 

Depots for 
sale of 
essential 
commodities.  

Licence for 
hawking, etc. 

241. No person shall, without or otherwise than in conformity with 
the terms of a licence granted by the Chief Executive Officer in this 
behalf, keep open any private market or wilfully or negligently permit 
any place to be used as a private market or use any place as a slaughter-
house or stock-yard or for the slaughtering of any animal intended for 

human consumption. 

242. No person shall, without or otherwise than in conformiy with 
the terms of a licence granted by the Chief Executive Officer in this 

behalf,— 
(a) carry on within Chandernagore or at any municipal 

slaughter-house outside Chandernagore the trade or 

business of a butcher, or 

(b) sell or expose or hawk about for sale any animal or any meat 
or fish intended for human consumption in any place other 
than a municipal market or a private market. 

243. The Chief Executive Officer may, subject to such terms and 

conditions as may be fixed,— 
(a) charge such stallage rent or fee as may, from time to time, be 

fixed by the Corporation in this behalf for the occupation or 
use of any stall, shop, stand, shed, pen or space in a municipal 
market or municipal slaughter-house; 

(b) farm the stallage, rent or fec chargeable as aforesaid or any 
portion thereof for such period as he may think fit; and 

(c) put up to public auction or dispose of by private sale, the 
privilege of occupying or using any shop, stall, stand, shed, 
pen or space in a municipal market or municipal slaughter- 

house. 

244. The Chief Executive Officer may, from time to time, subject 
to such directions as he may receive from the Mayor-in-Council on the 
advice of the State Government, open depots or shops for trading any 

essential commodities. 

245. No person shall, without or otherwise than in conformity with 
terms of a licence granted by the Chief Executive Officer in this behalf,— 

(a) hawk or expose for sale in any place any article whatsoever 
whether it be for human consumption or 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. 

626 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VIL—Chapter XVIL—Markets and Slaughter houses.—
Sections 246-248.) 

246. No person shall otherwise than in conformity with a licence 

from the Chief Executive Officer and such other provisions as may be 
made by. regulation by the Corporation in this behalf carry on a trade of 
a butcher, fishmonger, poulterer or importer of flesh intended for human 

food or use of any place for the sale of flesh, fish or poultry intended for 
human food. 

37 of 19544. 	247. (1) Subject to the provisions of the Prevention of Food 
Adultreation Act, 1954 or any other law for the time being in force, the 

Corporation may cause inspection and analysis of any food, drug, edible 
oil, milk or similar items of human consumption or any utensil or vessel 
used for preparing or storing such thing. 

(2) If upon inspection or analysis, any such item for consumption is, 
in the opinion of the Chief Executive Officer or any officer or employee 
authorised by him in this behalf, including a police officer, unwholesome 
or unfit for human consumption, or is not what it is represented to be, or 
if any such utensil or vessel is of such kind or in such state as to render 
any food 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 under sub-section (2), is, in the opinion 
of the Chief Executive Officer, unfit for human consumption, he shall 
cause the same to be forthwith destroyed in such manner as to prevent its 
being again exposed for sale or used for human consumption and the 
expenses thereof shall be paid by the person in whose possession such 
food or drug was at the time of its seizure. 

248. (1) The Corporation may, with the approval of the State 

Government, undertake the formulation, execution and running 
of commercial projects including market development schemes or 
industrial estates, in relation to lands and buildings vested in or in 

the possession of the Corporation, or open depots for trading in 
essential commodities, or maintain bus or truck terminals together with 

commercial complexes, or run tourist lodges or centres along with 
commercial activities, or carry on similar projects on commercial 
basis. 

(2) All the provisions of this Chapter, so far as they are applicable, 
shall intitatis nzutandis apply to the commercial ventures undertaken by 
the Corporation under this section. 

Licence for 
sale of fish, 
poultry. 

Power to 
seize food 
or drug, etc. 

Commercial 
projects of 
Corporation. 

627 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part Vu —Chapter XVIL—Markets and Slaughter houses.— 
Food and Drugs.—Sections 249-254.) 

Prohibition 
of sale, etc. 
of adulte-
rated or 
misbranded 
food or drug. 

Registration 
of 
manufactory. 

Prohibition 
of adulte-
ration in 
place where 
butter, ghee, 
etc., are 
manufactured 
or stored. 

Place of 
manufacture, 
preparation, 
etc. for sale 
of any drug 
or food to be 
open to 
inspection. 

Licensing of 
shops and 
places for 
retail sale 
of drugs. 

Manufactory 
or place of 
storage or 
sale of food 
kept in 
contravention 
of provisions 
of this 
Chapter to 
be closed. 

Food and Drugs 

249. No person shall directly or indirectly, himself or by any other 
person on his behalf, sell, expose or hawk abOut for sale, or manufacture 
or store for the preparation of any food or drug or for sale, any food or 
drug which is adulterated or misbranded. 

250. Every manufactory of mastard oil, edible oil or edible fat or 
ghee or butter within Chandernagore shall be registered by the owner or 
the person in charge thereof in the office of the Corporation in such 
manner as the Corporation may from time to time direct. 

251. No person shall keep in any shop or place in which milk is 
stored or in any manufactory, shop or place, in which butter, ghee or any 
other milk product or wheat, flour, mustard oil, tea, edible oil, edible fat, 
sugar or gur is manufactured or stored any substance intended to be used 
for the purpose of adulteration. 

252. (1) Every place used for the manufacture, preparation, storage 
or packing for sale of any article of food or drug shall be open at all time 
for inspection by the officers of the Corporation authorised in this behalf 
by the Chief Executive Officer, and such Officers shall have the right to 
enter into such places for such. inspection at all time. 

(2) In every place used for manufacture, preparation, storage or 
packing for sale of any article of food or drug, such articles of food or 
drug or any receptacle and material used for such manufacture, 
preparation, storage or packing shall be protected from dust, flies and 
other insects by such measure as may be specified by the Corporation in 

this behalf. 

253. (I) No person shall keep any shop or place for retail sale of 
drugs not being articles of ordinary domestic consumption without or 
otherwise than in conformity with the terms of a licence granted by the 

Chief Executive Officer. 
(2) Every person to whom a licence is granted under sub-section (1) 

in respect of any shop or place shall display it in some conspicuous part 
of such shop or place. 

254. If any manufactory or place of storage for sale of any articles of 
food is kept in contravention of the provision of this Chapter, the Chief 
Executive Officer may cause the same to be closed. 

628 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VIL—Chapter XV11.—Food and Drugs.—Sections 255, 256.—
Chapter XVIIL—Restraint of Infection.—Sections 257-259.) 

255. It shall be the duty of the Corporation to take such measures as 
are necessary for preventing or checking the spread of any dangerous 
disease in Chandernagore or of any epidemic disease among any animals 
therein. 

256.- Any person being in charge of, or in attendance, whether as a 
medical practitioner or otherwise, upon, any other person whom he knows 
or has reasons to believe to be suffering from a dangerous disease, shall 
forthwith give information regarding the existence of such disease to the 
Chief Executive Officer. 

Corporation 
to take 
measures for 
prevention 
and checking 
of dangerous 
disease. 

Obligation 
to give 
information 
of dangerous 
diseases. 

CHAPTER XVIII 

Restraint of Infection 

257. The Chief Executive Officer or any person authorised by him Power of 

in this behalf may, at any time by day or by night without notice or after Chief 
Executive 

giving such notice as may in the circumstances appear to him to be Officer to 

reasonable, inspect any place in which any dangerous disease is reported inspect  
places and 

or suspected to exist and take such measures as he may think fit to prevent take 

the spread of such disease beyond such place and shall forthwith submit measures to 
prevent 

a report to the State Government. 	 spread of 
dangerous 
diseases. 

258. If the Chief Executive Officer or any person authorised by him Power of 

in this behalf is of opinion that the cleaning or disinfecting Of any building Chief 
Executive 

or any part of a building or any article therein which is likely to retain 	Officer to 

infection or of any tank, pool or well adjacent to a building which is disinfect 
 

likely to prevent or check the spread of any dangerous disease, he may 
buildings, 
tank, pool or 

cleanse or disinfect such building or any part thereof, article, tank, pool 	well. 

or well and may by a written notice require the occupier of such building 
or any part thereof to vacate the same for such period as may be specified 
in such notice. 

• 259. (1) If the Chief Executive Officer is of opinion that the water Measures to 

in any well, tank or other place is likely, if used for drinking, to endanger prevent
spread of 

or cause the spread of any disease, he may, by public notice, prohibit the dangerous 

removal of such water for drinking and by notice in writing require the diseases.  

owner or the person having control of such well, tank or place to take 
such steps as he may consider expedient to prevent the public from having 
access to or from using such water. 

(2) If Chandernagore or any part of it is visited or threatened by an 
outbreak of any dangerous disease, the Chief Executive Officer may, by 
public notice, restrict or prohibit the sale or preparation of any article of 
food or drink for human consumption. 

629 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part VIL—Chapter XIX.—Registration of births and deaths and 
disposal of the dead.—Sections 260, 261.) 

CHAP 	I ER XIX 

Registration of births and deaths and disposal of the dead 

Appointment 
of Registrars 
and Sub-
registrars of 
Births and 
Deaths. 

Registration 
of places for 
disposal of 
the dead. 

260. (1) The Health Officer of the Corporation shall be the Chief 
Registrar of Births and Deaths in Chandernagore and shall keep in such 
form as may from time to time be prescribed by the State Government a 

register of births and deaths occuring in Chandernagore. 

(2) The Corporation shall appoint a person to be the Registrar of 

Births and Deaths for each borough and may appoint the same person to 

be such Registrar for more than one borough. 

(3) The Chief Executive Officer shall appoint a Sub-Registrar of 

Births and Deaths for each registered burial or burning ground or other 
place for the disposal of the dead to register all corpses brought thereto 

for interment or cremation or for disposal otherwise. 

(4) The Chief Executive Officer shall cause to be printed and 

published a list containing the name and address of every Registrar and 

Sub-Registrar appointed under this section. 

(5) On an application from a person interested, the Chief Registrar 
or the Registrar shall issue an extract from an entry of birth or death in 

the register of births and deaths on payment of such fee as may be 

determined by regulation. 

(6) The State Government may prescribe the person by whom an 

information relating to birth and death should be given to the Corporation. 

261. (1) Every owner or keeper of a place not vested in or owned by 
the Corporation or a Board appointed by the State Government for the 

administration of such place, which is used for burying, burning or 
otherwise disposing of the dead, shall cause the same to be registered in 
a register which shall be kept by the Chief Executive Officer and shall 
deposit to the office of the Corporation at the time of registration a plan 

of such place prepared by a surveyor. 

(2) All burial and burning grounds, public or private, shall be 

registered in the book of the Corporation in such manner as may be 

determined by regulation. 

(3) The provisions of this Chapter shall be subject to the Registration 	18 of 1969. 

of Births and Deaths Act, 1969. 

630 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V1L—Chapter XX.—Rules, regulation and by-laws.-- 
Sections 262-264.) 

CHAPTER XX 

Rules, regulation and by-laws 

262. (1) The State Government may, after previous publication 
in the Official Gazette, make rules for carrying out the purposes of 
this Act. 

(2) In particular and without prejudice to the generality of the 
foregoing power, such rules may provide for all or any of the matters 
which under any provision of this Act are required to be prescribed or to 
be provided for by rules. 

(3) All rules made under this Act shall be laid for not less than 
fourteen days before the State Legislature as soon as possible after 
they are made and shall be subject to such modifications as the State 

Legislature may make during the session in which they are so laid. Any 
modification of the said rules made by the State Legislature shall be 
published in the Official Gazette and shall, unless some later date is 
appointed by the State Government, come into force on the date of such 
publication. 

263. (1) The Corporation may, with the previous sanction of the 
State Government, make regulations not inconsistent with the provisions 
of this Act or the rules made thereunder for discharging its functions 
under this Act. 

(2) Such regulations may provide that any breach thereof shall be 
punishable with such fine as may be specified therein. 

(3) Such regulations shall be published in the Official Gazette. 

264. (1) The Corporation may, with the previous sanction of the 
State Government, make by-laws not inconsistent with the provisions of 
this Act or the rules or the regulations made thereunder for discharging 
its functions under this Act. 

(2) Such by-laws may provide that any breach thereof shall be 
punishable with such fine as may be specified therein 

(3) Such by-laws shall be published in the Official Gazette and in 
such local newspapers as the Corporation may determine. 

Power to 
make rules. 

Power to 
make 
regulations. 

Power to 
make 
by-laws.  

631 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part VIL—Chapter XX.—Rules, regulation and by-laws.— 
Sections 265, 266.—Chapter XXI. Miscellaneous Provisions.— 

Sections 267-270.) 

Power of 
State 
Government 
to cancel or 
modify 
regulations 
and by-laws. 

Power to 
amend 
Schedule. 

Punishment 
for offences 
as given in 
Schedule VI 

Acquisition 
of property. 

Inventory of 
property. 

Disposal of 
property. 

265. (1) If the State Government is at any time of opinion that any 
regulation or by-law made by the Corporation should be cancelled or 
modified either wholly or in part, it shall cause the reasons for such 
opinion to be communicated to the Corporation, and shall specify a period 
within which the Corporation may make any representation with regard 

thereto. 

(2) After the expiry of such period and on consideration of the 
representation of the Corporation, if any, the State Government may at 
any time by notification cancel or modify such regulation or by-law either 

wholly or in part. 

(3) Any notification under sub-section (2) shall be published in local 

newspapers. 

266. The State Government may, on the recommendation of the 
Corporation, by notification, add to, amend or alter any Schedule to this 

Act except Schedule I. 

CHAP IER XXI 

Miscellaneous Provisions 

267. Whoever contravenes any provision of any of the sections, sub-
sections, clauses, or provisions or any other provisions of this Act 
mentioned in column 1 of Schedule VI shall be punishable with fine 
which may extend to the amount, or with imprisonment for a term which 
may extend to the period, specified in that behalf in column 3 of the said 
Schedule or with both, and in the case of continuing contravention or 
failure, with an additional fine which may extend to the amount specified 
in column 4 of the said Schedule for every day of such contravention or 
failure after conviction for the first such contravention or failure. 

268. The Corporation shall, for the purpose of this Act, have the 
power to acquire and hold movable or immovable property or any interest 
therein, whether within or outside the limits of Chandernagore. 

269. The Chief Executive Officer shall maintain an inventory of the 
movable and immovable properties of the Corporation in such form and 
manner as may be determined by the Corporation by regulation. 

270. The Corporation may dispose of, by sale or otherwise, any 
movable or immovable property belonging to the Corporation in such 

manner as may be prescribed. 

632 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part V1I.—Chapter XXI.—Miscellaneous Provisions.—
Sections 271-276.) 

2 of 1974. 	271. (1) Subject to the provisions of the Code of Criminal 
Procedure, 1973, in identical matters, the Chief Executive Officer or any 
other officer or employee of the Corporation, authorised by the Chief 
Executive Officer or empowered under this Act in this behalf, may enter 
into or upon any land or building with or without assistance for the 
purpose of enquiry, inspection, execution of any work or discharge of 
any function authorised under this Act or the rules or the regulations 
made thereunder. 

(2) It shall be lawful , for the Chief Executive Officer or any person 
authorised by him in this behalf to make forcible entry into any land or 
building or break open any door, gate or other barrier, if the same is 
considered necessary for carrying out the purposes of this Act, after calling 
upon two or more respectable inhabitants of the locality to witness such 
entry or opening. 

272. It shall be the duty of every police officer in or outside 
Chandernagore to assist the Corporation, the Mayor-in-Council, the Chief 
Executive Officer or any other officer or employee of the Corporation, in 
the exercise of the powers and discharge of the duties and the functions 
under this Act or any rule or regulation made thereunder as and when 
such assistance is called for. 

273. Any suit or legal proceeding instituted or which, but for the 
coming into force of this Act, would have been instituted, by or against 
the Chandernagore Municipality may be continued or instituted by 
the Corporation or the Chief Executive Officer, as the case may he, 
constituted or appointed under this Act. 

274. If any difficulty arises in giving effect to any of the provisions 
of this Act, the State Government may, as occasion may require, by order, 
do or cause to be done anything which may be necessary for removing 
the difficulty. 

275. Where any notice, bill, order or requisition issued or made under 
this Act or the rules or the regulations made thereunder requires anything 
to be done for doing of which no time is fixed in this Act or the rules or 
the regulations made thereunder, such notice, bill, order or requisition 
shall specify a time for doing the same. 

276. ( I) Every licence, written permission, notice, bill, summons 
or other document which is required by the Act or the rules or 
the regulations made thereunder to bear the signature of the Chief 
Executive Officer or any other officer of theNCorporation, shall be 
deemed to be properly signed if it bears a facsimile of the signature of 
the Chief Executive Officer or such officer, as the case may be, stamped 
thereupon. 

Entry and 
inspection. 

Police 
Officers to 
assist the 
Corporation, 
Mayor-in-
Council, 
Chief 
Executive 
Officer, etc. 

Saving as to 
certain suits 
and 
proceedings. 

Removal of 
difficulty. 

Notices. etc.. 
to fix time.  

Signature 
on notices, 
etc., to be 
stamped. 

633 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Part VII.—Chapter XXL—Miscellaneous Provisions.— 
Sections 277, 278.) 

Notice, etc., 
by whom 
to be served 
or issued. 

Service of 
notices etc. 

(2) Nothing in sub-section (1) shall be deemed to apply to a cheque 
drawn upon the Municipal Fund. 

277. Every notice, bill, summons or other document required by this 
Act or the rules or the regulations made thereunder to be served upon, or 
issued to, any person, shall be served or issued by an officer or other 
employee of the Corporation or by any person authorised by the Chief 
Executive Officer in that behalf. 

278. (1) Every notice, bill, summons or other document required or 
authorised by this Act or the rules or the regulations made thereunder 
to be served or issued by or on behalf of the Corporation or by any of 
the municipal authorities referred to in section 3 or any officer or 
employee of the Corporation shall, save as otherwise provided in this 
Act or the rules or the regulations made thereunder, be deemed to be 
duly served,— 

(a) where the person to be served is a company, if the document 
is addressed to the Secretary or the Manager of the company 
at its registered office or at its principal office or place of 
business and is either— 

(i) sent by registered post, or 

(ii) delivered at the registered office or at the principal office 
or place of business of the company; 

(b) where the person to be served is a partnership firm if the 
document is addressed to the partnership at its principal place 
of business identifying it by the name or style under which 
its business is carried on and is either— 

(i) sent by registered post, or 

(ii) delivered at the said place of business; 

(c) where the person to be served is a public body, Corporation, 
society or any other body, if the document addressed to the 
Secretary, Treasurer or other officer of such body, Corporation 
or society at its principal office, and is either— 

(i) sent by registered post, or 

(ii) delivered at that office; 
(d) in any other case, if the document is addressed to the person 

to be served and— 

(i) is given or tendered to him, or 

(ii) if .such .person cannot be found, is affixed on some 
conspicuous part of his last known place of residence 
or business, if within Chandernagore, or is given or 
tendered to some conspicuous part of the land or 
building, if any, to which it relates, or 

(iii) is sent by registered post to such person. 

634 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VII.—Chapter XXL—Miscellaneous Provisions.—
Sections 279, 280.) 

(2) Any document required or authorised to be served on the owner 
or the occupier of any land or building may be addressed to "the owner" 
or "the occupier", as the case may be, of such land or building (naming 
such land or building) without further name or description and shall be 
deemed to be duly served— 

(a) if the document so addressed is sent or delivered in 
accordance with clause (d) of sub-section (1), or 

(b) if the document or a copy thereof so addressed is delivered to 
some person on the land or in the building or, where there is 
no such person to whom it can be delivered, is affixed to 
some conspicuous part of such land or building. 

(3) Where a document is served on a partnership firm under this 
section, the document shall be deemed to be duly served on each 
partner. 

(4) For the purpose of enabling any document to be served on the 
owner of any premises, the Chief Executive Officer may by notice in 
writing require the occupier of such premises to state the name and address 
of the owner thereof. 

(5) Where the person on whom a document is to be served is a minor, 
the service upon his guardian or any adult member of his family shall be 
deemed to be service upon the minor. 

(6) Nothing in this section shall apply to any summons issued under 
this Act by any court. 

(7) A servant is not a member of the family within the meaning of 
this section. 

279. All offences under this Act or the rules or the regulations 
made thereunder, whether committed within or outside Chandernagore 
shall be cognizable by any Municipal Magistrate having jurisdiction 
and such Magistrate shall not be deemed to be incapable of taking 
cognizance of any such offence or of any offence under any enactment 
repealed by this Act by reason only of his being— 

(a) liable to pay under this Act any consolidated or other tax or 
rate, or 

(b) benefited by the Municipal Fund. 

280. (1) No person shall be liable to any punishment for an offence 
under this Act or the rules or the regulations made thereunder unless a 
complaint of such offence is made before a Municipal Magistrate within 
six months next after— 

(a) the date of commission of such offence, or 
(b) the date on which the commission or the continuance of such 

offence is first brought to the notice of the Corporation or 

the Chief Executive Officer. 

Cognizance 
of offences. 

Limitation of 
time for 
prosecution. 

635 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

Admissibility 
of documents 
or entry as 
evidence. 

Councillors 
and officer 
and other of 
the Corpora-
tion to be 
public 
servants. 

Occupier to 
carry out 
work in 
place of 
owner. 

Prohibition 
of nuisance. 

(Part V11.—Chapter XXI.—Miscellaneous Provisions.— 
Sections 281-284.) 

(2) For the avoidance of doubts, it is hereby declared that any failure 
to take out a licence under this Act or to pay tax under section 126 shall, 
for the purpose of sub-section (1), be deemed to be a continuing offence 
until the expiration of the period for which such licence is required to be 
taken. 

281. A copy of any receipt, application, plan, notice, ord6r or other 
document or any entry in a register in the possession of any municipal 
authority shall, if duly certified by the legal keeper thereof or other person 
authorised by the Chief Executive Officer in this behalf, be admissible in 
evidence of the existence of such application, plan, notice, order, document 
or entry. 

282. Every Councillor, every Alderman, the Chief Executive Officer 
and every other officer or employee of the Corporation shall be deemed 
to be public servant within the meaning of section 21 of the Indian Penal 
Code and in the definition of 'legal remuneration' in section 161 of that 
code the word 'Government' shall for the purpose of this section, be 
deemed to include the Corporation. 

283. When the Chief Executive Officer may require the owner of 
any premises to carry out any work, he may, if he considers it desirable 
so to do, require the occupier of the said premises to carry out such work 
and the occupier shall be bound to comply with the requisition: 

Provided that except in the case of a special agreement to the contrary, 
such occupier may deduct the amount of the expenses reasonably incurred 
or paid by him in respect of such work from the rent payable to the 
owner or may recover the same from him in any court of competent 
jurisdiction. 

284. No person shall,— 
(1) save with the written permission of the Chief Executive 

Officer and in such manner as he may authorise, store or use 
night soil, cowdung, manure, rubbish or any other substance 
emitting an offensive smell; 

(2) use or permit to be used any premises for any purpose which 
is in the opinion of the Chief Executive Officer, dangerous 
to life, health or property or likely to create a nuisance on 
any land or building or workshop or work-place. The Chief 
Executive Officer or any officer empowered by him may, by 
notice in writing, require the person or persons by whose 
act, default or sufferance the nuisance arises or continues or 
the owner, lessee or occupier of the land, building, workshop 
or work-place to remove or abate the nuisance by taking such 
measure in such manner and within such period as may be 
specified in the notice and in default of compliance with the 
requisition or the notice, the offender may be imprisoned or 
fined to the extent of rupees five hundred and daily fine of 

rupees fifty. 

45 of 1869. 

636 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Part VII—Chapter XXL—Miscellaneous Provisions.—
Sections 285-287.) 

285. Where any building or wall, or anything affixed thereto, or any 
well, tank, reservoir, pool, depression or excavation or any branch 
of tree is, in the opinion of the Chief Executive Officer, dangerous to 
persons passing by or dwelling or working in the neighbourhood, the 
Chief Executive Officer may, by notice in writing, require the owner or 
the occupier thereof to remove the same or may require him to repair, 
protect or enclose the same in such manner as he thinks necessary and 
if the danger is, in the opinion of the Chief Executive Officer, imminent, 
he shall forthwith take such steps as he thinks necessary to avert 
the same. And on failure of compliance with the notice for removal 
and abatement of the nuisance or the danger, the offender may be 
imprisoned or fined to the extent of rupees five hundred and daily fine of 
rupees fifty. 

286. (1) Notwithstanding anything contained in this Act, with effect 
from such date as the State Government may by notification appoint, all 
the powers and functions of the municipal authorities under this Act 
may be exercised and performed by a Board to be known as the 
Chandernagore Municipal Board until the municipal authorities 
commence to exercise their respective powers and perform their respective 
functions under this Act. 

(2) The members of the Board shall consist of all the Commissioners 
elected to the municipality within the limits of Chandernagore and such 
other persons from any area or areas with the limits of Chandernagore 
but not included within such municipality as the State Government may 
nominate. 

(3) The State Government may appoint one of the members of the 
Board to he the Chairman of the Board. 

(4) The Chairman of the Board or, in his absence, such other member 
of the Board as may he appointed by the State Government shall preside 
at the meetings of the Board. 

(5) Twenty-five per cent of the members of the Board shall be a 
quorum for a meeting of the Board. 

(6) No act or proceeding of the Board shall be invalid or called in 
question by reason of the Existence of any vacancy, initial or sub-
sequent, in the Board. 

Power of 
Chief 
Executive 
Officer to 
remove 
dangerous 
buildings, 
etc. 

Transitory 
provisions. 

287. The Chandernagore Municipal Act, 1955 (West Ben. Act XVIII Repeal.  
of 1955) is hereby repealed. 

637 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Schedule I.) 

SCHEDULE I 

Boundaries of the Chandernagore Municipal Corporation 

[See section 2(9).] 

Chandernagore within the meaning of clause (9) of section 2 of this 
Act constituting the territorial jurisdiction of the Chandernagore 
Municipal Corporation shall comprise the area defined as Chandernagore 
in the Chandernagore (Merger) Act, 1954 and shall include any 
contiguous area added thereto by the State Government by notification 

in the Official Gazette. 

638 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule II.) 

SCHEDULE II 

Purpose for which premises may not be used without a licence or written permission 

[See section 211(1).] 

Aerated waters—Manufacturing. 
Asafoetide—Storing. 
Aloe fibre and yarn-.Storing, packing, pressing, cleansing, preparing or manufacturing by any 

process 'whatsoever. 
Ammunition—Storing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 
Arecanuts—Soaking of. 
Articles made of flour—Baking, preparing, keeping or storing for human consumption (for other 

than domestic use). 
Ashes—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever, dumping or shifting. 
Bakelite goods—Manufacturing or processing. 
Bamboos—Storing for sale, hire or manufacture. 
Bidi leaves—Storing or processing. 
Biscuits—Baking, preparing, keeping or storing for human consumption (for other than domestic 

use). 
Blasting powder—Storing. 
Blood—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Bones—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Bread—Baking, preparing, keeping or storing for human consumption (for other than domestic 

use). 
Bricks—Manufacturing. 
Camphor—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever or boiling. 
Candles—Packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Carbide of calcium—Storing. 
Cardboard—Storing. 
Carpets—Manufacturing. 
Cashewnuts—Storing, packing, preparing or manufacturing by any process whatever. 
Catgut—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Celluloid goods—Storing. 
Cement—Packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Charcoal—Dumping, shifting, selling or storing. 
Chemical preparations—Storing, packing, pressing, cleansing, preparing or manufacturing by any 

process whatever. 
Chillies—Grinding by machinery. 
Chillies (dried)—Selling wholesale or storing for -wholesale trade. 
Chlorate mixture—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 

639 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Schedule II.) 

Cinders—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever, 

dumping or shifting. 
Cinematograph films—Shooting of, treating or processing. 
Cloths—Dyeing, bleaching, mercerising or storing. 

Coal—Dumping, shifting, selling or storing. 
Cocoanut fibre—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 
Cocoanut husks and cadjan leaves—Soaking of. 

Cocoanut shell—Storing. 
Coir yarn—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 
Coke—Storing. 
Combustible material—Storing. 
Combustibles—Baking, preparing, keeping or storing for human consumption (for other than 

domestic use). 
Compound gases (viz.,oxgen, nitrogen, hydrogen, carbon-dioxide, sulphur, chlorine, acetylene, 

etc.)—Storing. 
Copra—Preparing or storing or selling wholesale. 
Cotton of all kinds, cotton refuse, cotton seed—Storing, packing, pressing, cleansing, preparing 

or manufacturing by any process whatever. 

Cow-dung cakes 	Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 
Detonators—Storing. 
Dry leaves—Storing. 
Dyes—Packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Dynamite—Storing. 
Explosive—Storing. 
Explosive paints (viz., nitro-cellulose, lacquer, enamel, etc.)—Storing. 

Fibre—Selling or storing. 
Fat—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Felt—Storing. 
Fins—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Firewood—Selling or storing. 
Fireworks-Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 
Fish—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Fish oil—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Flax—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Fleshing 	Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 
Flour—Packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

640 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule IL) 

Fuel—Using for any industrial purpose. 
Fulminate of mercury—Storing, packing, pressing, cleansing, preparing or manufacturing by any 

process whatever. 

Furniture 	Making or storing for sale. 
Gas—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Gelating—Storing. 
Ghee—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Gold—Refining. 
Grain—Selling wholesale or storing for wholesale trade. 
Gram—Husking by machinery. 
Grass—Storing. 
Groundnut—Selling wholesale or storing for wholesale trade. 
Gun cotton—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 
Gunny-bag—Storing, packing, pressing, cleansing or manufacturing by any process whatever. 
Gunpowder—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 
Hair—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever, 

dyeing or drying. 
Hay 	Selling or storing. 
Hemp—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Hessian cloth 	Storing. 
Hides—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Hoofs—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Horns—Storing, packing, cleansing, preparing or manufacturing by any process whatever. 
Ice—Manufacturing. 
Incense—Storing. 
Jaggery—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever 

or selling wholesale. 
Jute—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Kakhi—Preparing. 
Lac—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Lead—Melting. 
Leather—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Lime—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Limeshells—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 
Manure—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Machinery 	Using or any industrial purpose. 
Matches—Storing., packing. pressing, cleansing, preparing or manufacturing by any process 

whatever. 

641 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Schedule II.) 

Meat—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Metals—(including precious metal)—Beating, breaking, hamering, casting, etc. 

Methylated spirit or denatured spirit—Storing. 
Nitro-compound—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 
Nitro-mixture—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever. 
Offal—Storing, packing pressing, cleansing, preparing or manufacturing by any process whatever. 
Oil—Storing, packing pressing, cleansing, preparing or manufacturing by any proceSs whatever. 

Oilseeds—Storing. 
Paddy—Boiling or husking by machinery. 
Paints—Manufacturing or storing. 
Paper—Paking, pressing, cleansing, preparing or manufacturing by any process whatever. 
Petroleum products—Storing, packing, pressing, cleansing, preparing or manufacturing by any 

process whatever. 
Phosphorus—Storing. 
Pitch—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Plastic or plastic goods—Manufacturing or storing. 
Plywood—Storing. 
Pottery—Packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Polythene—Manufacturing or storing. 
Radio—Manufacturing, assembling, servicing and repairing. 

Resin—(including rosin)—Storing, 	packing, pressing, cleansing, preparing or manufacturing 

by any process whatever. 
Rugs—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Sago—Manufacturing or distilling. 
Salpetre—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Seekai—Powdering by machinery. 
Shellac—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Silk—Packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Sisal fibre—Storing. 
Skins—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Soap—Packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Spirits—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 

Straw—Selling or storing. 
Sugar—Packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Sugar-candy—Packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Sulphur—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever or melting. 
Surki—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Sweet-meats—Baking, preparing, keeping or storing for human consumption (for other than 

domestic use). 

642 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule II.) 

Tallow—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever, 
or melting. 

Tar—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever. 
Tarpauline--Storing. 
Thatching materials—Selling or storing. 
Thinner—Storing. 
Tiles—Manufacturing. 
Timber—Selling or storing. 
Tobacco (including snuff, cigars, cigarettes and bidis)—Storing, packing, pressing, cleansing, 

preparing or manufacturing by any process whatever. 
Turpentine—Storing, packing, pressing, cleansing, preparing or manufacturing by any process 

whatever.' 
Varnish—Manufacturing or storing. 
Wool—Storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever, 

dyeing or drying. 
Yarn 	Dyeing or bleaching. 

Manufacturing articles from which offensive or unwholesome smells, fumes, dust or noise arise. 

In general, any purpose or the doing in the course of any industrial process anything which in 
the opinion of the Board of Commissioners is likely to be dangerous to human life or health or 
property or is likely to create or cause or nuisance: 

Provided that no licence shall be required for the storage only of any of the articles mentioned in 
this Schedule for domestic use and limited to such quantities as may from time to time be fixed by 
the Board of Commissioners. 

643 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Schedule III.) 

SCHEDULE III 

Profession, Trade and Calling and Rate of Annual Tax thereon 

[See section 126(1).] 

Serial 	 Profession, Trade and Calling 	 Rate of annual tax 

No. 	 not to exceed 

Class I 

1. As company or association or body of individuals, the Paid-up One thousand rupees. 
Capital of which is equivalent to twenty lakhs of rupees or upwards, 
which exercises or carries on any profession, trade or calling 

whatsoever. 

Class II 

2. As company or association or body of individuals, the Paid-up Five hundred rupees. 
Capital of which is I lakh and above but less than twenty lakhs of 
rupees and which exercises or carries on any profession, trade or 

calling whatsoever. 

3. As medical practitioner, licentiate in medicine or surgery, Five hundred rupees. 
homoeopath, graduate of any veterinary college, dentist, vakil or 
advocate of the High Court, pleader, average adjuster, statistical 
reporter, astrologer, analyst, shroff or banian, freight broker or 
negotiator, who has been in the profession for nine years or more. 

4. As sculptor, painter, stage or film actor or actress, singer, musician, Five hundred rupees. 
magician, dancer, impressario who is paying Income Tax on his 

professional income. 

5. As broker or dalal employed in the wholesale transfer or purchase Five hundred rupees. 
of import or export country produced silk or other merchandise or 
in house or landed property, Government securities, shares or bills 

of exchange. 

6. As proprietor of a newspaper, periodical journal or other public Five hundred rupees. 
media, the circulation in respect of which is five thousand copies 

and above per issue. 

7. As businessman, banker, travel agent, commission agent, engineer, Five hundred rupees. 

architect, builder, contractor, auctioneer or carrier. 

8. As keepter of laboratory for pathological examination of blood. Five hundred rupees. 

sputum, urine, stool or such other things, radiologist, owner of a 

X-Ray Clinic. 

644 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule 111.) 

Serial 	 Profession, Trade and Calling 	 Rate of annual tax 
No. 	 not to exceed 

9. As dealer, in precious stones, or precious metals or articles of Five hundred rupees. 
precious stones or metals. 

10. As keeper or sophisticated hair dressing saloon providing more Five hundred rupees. 
than average amenity of the customer or a beauty parlour. 

11. As owner or occupier of a cotton, jute, hide, or other screw-house Five hundred rupees: 
or press-house. 

12. As decorator, an order supplier or a retail trader or shop keeper, Five hundred rupees. 
the rent as charged by the owner or the occupier of the place of 
business or the fair letting value of whose place of business is 
Rs. 200 per mensem or more. 

13. As printer, publisher, lithographer, engraver, die-sinker, xerox- Five hundred rupees. 
copyist, photographer, photo-typer, owner of a tutorial home, 
commercial school or college, the rent as charged by the owner or 
the occupier of whose place of business or the fair letting value of 
whose place of business is Rs. 200 per mensem or more. 

14. As owner or occupier of a market or a place of public entertainment, Five hundred rupees. 
or a theatre or a cinema house, kept up for profit. 

15. As hotel keeper, boarding house keeper, lodging house keeper, Five hundred rupees. 
manufacturer, the rent as charged by the owner or the occupier of 
the place of business or the fair letting value of whose place of 
business is Rs. 200 per mensem or more. 

16. As owner or occupier of a depot, godown or warehouse for storage Five hundred rupees. 
of goods, owner of a motor garage for keeping more than 5 cars 
and for profit. 

17. As keeper of a hydrotherapy bath or other clinic or health Five hundred rupees. 
resort. 

18. As keeper of a laundry, the rent as charged by the owner or the Five hundred rupees. 
occupier of whose place of business or the fair letting value of 
whose place of business is Rs. 200 per mensem or more. 

19. As keeper of a hair dressing saloon, the rent as charged by the Five hundred rupees. 
owner or the occupier of whose place of business or the fair 
letting value of whose place of business is Rs. 200 per mensem 
or more. 

20. As dyer or a cleaner, the rent as charged by the owner or the Five hundred rupees. 
occupier of whose place of business or the fair letting value of 
whose place of business is Rs. 200 per mensem or more. 

645 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Schedule III.) 

Serial 
	

Profession, Trade and Calling 
	 Rate of annual tax 

No. 	 not to exceed 

21. As tax or management consultant, consulting physician, practising 
surgeon, barrister, attorney, public accountant, proctor, notary 

public. 

22. As dealer or seller of automobile spare parts the rent as charged 
by the owner or the occupier of whose place of business or the 
fair letting value of whose place of business is Rs. 200 per mensem 

Or more. 

23. As owner of hire-purchase business, the rent as charged by the 
owner or the occupier of whose place of business or the fair 
letting value of whose place of business is Rs. 200 per mensem 

or more. 

24. As owner of a music or dance school the rent or fair letting value 
of which is Rs. 200 per mensem or more. 

25. As proprietor or keeper of a nursing home or a sanatorium. 

26. As bullion merchant, money-lender and financier. 

27. As sole or authorised agent or distributor of any merchandise or 
holder of dealership of any manufacturer or company. 

28. As wholesale trader of any commodity, merchant or exporter or 

importer. 

29. As keeper of a restaurant with floor shows including cabaret or 

orchestra. 

30. As cinema film distributor, cinema film producer or keeper of a 
cinema film studio, a jatra or opera party. 

31. As owner of every bus, mini-bus, lorry or contract car. 

32. As owner of three or more taxi cabs, luxury taxi cabs, tempo vans, 
matador vans which are used for carrying passengers or goods on 

payment on hire. 

33. As book maker or turf accountant. 

34. As professional horse-breaker or race horse-trainer. 

35. An advertising agent. 

36. As stevedore or ship chandler or clearing and forwarding agent. 

37. As keeper of a shop for the sale of intoxicating liquor or drug. 

38. As owner or lessee of a petrol/diesel filling station and service 

station. 

39. As marriage negotiator or caterer who is paying Income Tax.  

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

Five hundred rupees. 

646 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule 111) 

Serial 	 Profession, Trade and Calling 	 Rate of annual tax 
No. 	 not to exceed 

Class III 

40. As company or association or body of individuals, the Paid-up Four hundred rupees. 
Capital of which is rupees twenty-five thousand and above but 
less than rupees one lakh and which exercises or carries on any 
profession, trade or calling whatsoever. 

41. As medical practitioner licentiate in medicine or surgery, Four hundred rupees. 
homoeopath, graduate of any veterinary college, dentist, vakil or 
advocate of the High Court, pleader, average adjuster, statistical 
reporter, analyst, astrologer, shroff or banian, freight broker or 
negotiator, who has been practising for 6 years or more but less 
than 9 years. 

42. As Kabiraj or Hakim who has been in the profession for nine Four hundred rupees. 
years or more. 

43. As decorator, order supplier, a retail trader or shop keeper, the Four hundred rupees. 
rent as charged by the owner or the occupier of whose place of 
business or the fair letting value of whose place of business is 
Rs. 100 per mensem or more but less than Rs. 200. 

44. As printer, publisher, lithographer, engraver, diesinker, xerox- Four hundred rupees. 
copyist, photographer, phototyper, owner of a tutorial home, 
commercial school or college, the rent as charged by the owner or 
the occupier of whose place of business or the fair letting value of 
whose place of business is Rs. 100 per mensem or more but less 
than Rs. 200. 

45. As hotel keeper, boarding house keeper, manufacturer, the rent as Four hundred rupees. 
charged by the owner or occupier of whose place of business or 
the fair letting value of whose place of business is Rs. 100 per 
mensem or more but than Rs. 200. 

46. As keeper of a laundry, the rent as charged by the owner or the Four hundred rupees. 
occupier of whose place of business or the fair letting value of 
whose place of business is Rs. 100 per mensem or more but less 
than Rs. 200. 

47. As keeper of a hair dressing saloon, the rent as charged by the Four hundred rupees. 
owner or the occupier of whose place of business or the fair letting 
value of whose place of business is Rs. 100 per mensem or more 
but less than Rs. 200.  

647 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Schedule III.) 

Serial 
No. 

Profession, Trade and Calling Rate of annual tax 
not to exceed 

Four hundred rupees. 
48. As dyer or cleaner, the rent as charged by the owner or the occupier 

of whose place of business or the fair letting value of whose 
place of business is Rs. 100 per mensem or more but less than 

Rs. 200. 

49. As dealer or seller of automobile spare parts, the rent as charged 
by the owner or occupier of whose place of business or the fair 
letting value of whose place of business is Rs. 100 per mensem or 

more but less than Rs. 200. 

50. As owner of two taxi cabs, luxury taxi cabs, tempo van, matador 
which are used for carrying passenger or goods for hire. 

51. As owner of a music or dance school the rent or fair letting value 
of which is Rs. 100 per mensem or more but less than Rs. 200. 

52. As owner of a hire purchase business, the rent as charged by the 
owner or the occupier of whose place of business or the fair letting 
value of whose place of business is Rs. 100 per mensem or more 

but less than Rs. 200. 

53. As a jockey licensed by any Turf Club in the State. 

Class IV 

54. As company or association or body of individuals, the Paid-up 
Capital of which is less than rupees twenty-five thousand and 
which exercises or carries any profession, trade or calling 

whatsoever. 

55. As proprietor of a newspaper, periodical, journal or other public 
media, the circulation in respect Of which is less than 5000 copies 

per issue. 

56. As sculptor, painter, stage or film actor or actress, singer, musician, 
magician or dancer who is not paying Income Tax. 

57. As an order supplier or a detail shop keeper or trader, the rent 
charged by the owner or the occupier of whose place of business 
or the fair letting value of whose place of business is Rs. 50 per 

mensem or more but less than Rs. 100. 

Four hundred rupees. 

Four hundred rupees. 

Four hundred rupees. 

Four hundred rupees. 

Four hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

648 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule III.) 

Serial 
	

Profession, Trade and Calling 
	

Rate of annual tax 

No. 	 not to exceed 

Two hundred rupees. 58. As printer, lithographer, engraver, diesinker, xerox-copyist, 
photographer, phototyper, the rent as charged by the owner or 
the occupier of whose place of business or the fair letting value of 
whose place of business is Rs. 50 per mensem or more but less 
than Rs. 100. 

59. As decorator, publisher, hotel keeper, boarding house keeper, 
lodging house keeper, manufacturer, owner of a tutorial home, 
commercial school or college who is included in any other class. 

60. As medical practitioner, licenciate in medicine or surgeon, 
homoeopath, graduate of any veterinary college, dentist, vakil or 
advocate of the High Court, pleader, average adjuster, statistical 
reporter,. analyst, astrologer, shroff or banian, freight broker or 
negotiator who has been in the profession for more than 3 (three) 
years but less than 6 (six) years. 

61. As Kaviraj or Hakim who has been in the profession for 6 years or 
more but less than 9 years. 

62. As keeper of a laundry, the rent as charged by the owner or the 
occupier of whose place of business or the fair letting value of 
whose place of business is Rs. 50 per mensem or more but less 
than Rs. 100. 

63. As keeper of a hair dressing saloon, the rent as charged by the 
owner or the occupier of whose place of business or the fair letting 
value of whose place of business is Rs. 50 per mensem or more 
but less than Rs. 100. 

64. As dyer or cleaner, the rent as charged by the owner or the occupier 
of whose place of business or the fair letting, value of whose place 
of business is Rs. 50 per mensem or more but less than Rs. 100. 

65. As dealer or seller of automobile spare parts, other than those 
mentioned elsewhere in this schedule. 

66. As owner of a hire-purchase business, who is not included in any 
other class. 

67. As owner of every taxi cab, luxury taxi cab, tempo van, matador 
van which is used for carrying passenger or goods for hire. 

68. As keeper of a billiard room. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

649 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Ad 

(Schedule III.) 

Serial 	 Profession, Trade and Calling 	 Rate of annual tax 

No. 	 not to exceed 

69. As owner of a music or dance school, the rent or fair letting Two hundred rupees. 
value of which is Rs. 50 per mensem or more but less than 
Rs. 100. 

70. As insurance agent, mukhtear, who has been in profession for Two hundred rupees. 

5 years or more. 

71. As a poddar or money changer. 	 Two hundred rupees. 

72. As custom house agent, a private detective. 	 Two hundred rupees. 

73. As plumber, electric fitter or gas fitter who has been in the Two hundred rupees. 
profession for more than 5 years. 

74. As professional draftsman, surveyor (including a licenced building Two hundred rupees. 
surveyor or measurer). 

75. As licensed shipping broker, boat supplier, labour supplier. 	Two hundred rupees. 

76. As manufacturer's representative. 	 Two hundred rupees. 

77. As marriage negotiator or caterer who is not paying Income Tax. Two hundred rupees. 

Class V 

78. As medical practitioner, licenciate in medicine or surgery, One hundred rupees. 
homoeopath, graduate of any veterinary college, dentist, vakil 
or advocate of •the High Court, pleader, average adjuster, 
statistical reporter, analyst, astrologer, shroff or benian, freight 
broker or negotiator who has been in profession for 3 years 

or less. 

79. As Kabiraj or Hakim who has been in profession for more 
than 3 years but less than 6 years. 

80. As insurance agent, mukhtear whose practice is below 
5 years. 

81. As order supplier, retail trader or shop keeper who is not 
mentioned elsewhere in this schedule. 

82. As printer, lithographer, engraver, diesinker, xerox-copier, 
photouapher, phototyper, the rent as charged by the owner 
or the occupier of whose place of business is less than Rs. 50. 

One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

650 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule III.) 

Serial 
	

Profession, Trade and Calling 
	

Rate of annual tax 
No. 	 not to exceed 

83. As dyer or cleaner, the rent as charged by the owner or the occupier 
of whose place of business or the fair letting value of whose place 
of business is Rs. 20 per mensem or more but less than Rs. 50. 

84. As keeper of a hair dressing saloon, the rent as charged by the 
owner or the occupier of whose place of business or the fair letting 
value of whose place of business is Rs. 20 per mensem or more 
but less than Rs. 50. 

85. As carriage dealer or horse dealer, the rent as charged by the owner 
or the occupier of whose place of business or the fair letting value 
of whose place of business is Rs. 20 per mensem or more. 

86. As plumber, electric fitter or gas fitter, who is not included 
Class-IV. 

87. As keeper of a laundry, other than those mentioned elsewhere in 
this schedule. 

88. As owner of a steam ferry boat or steam cargo boat. 

89. As palmist. 

90. As chalani trader or purchaser of goods in Calcutta for transport 
and sale beyond the limits of Calcutta. 

91. As practising apothecary. 

92. As owner of a music or dance school the rent or fair letting value 
of which is less than Rs. 50 per mensem. 

93. As bond supplier or stamp vendor. 

94. As owner of every auto-rickshaw. 

Class VI 

95. As retail trade or shop keeper, the rent as charged by the owner or 
the occupier of whose place of business or the fair letting value of 
whose place of business is Rs. 10 per mensem or more but less 
than Rs. 20. 

96. As keeper of an unsophisticated hair dressing saloon the rent as Fifty rupees. 
charged by the owner or the occupier of whose place of business 
or the fair letting value of whose place of business is Rs. 10 per 
mensem or more but less than Rs. 20. 

Fifty rupees. 

One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

n One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

651 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Schedule III.) 

Serial 	 Profession, Trade and Calling 	 Rate of annual tax 

No. 	 not to exceed 

97. As dyer or cleaner, the rent as charged by the owner or the occupier Fifty rupees. 
of whose place of business or the fair letting value of whose place 
of business is Rs. 10 per mensem or more but less than Rs. 20. 

98. As Kabiraj or Hakim who has been in profession for 3 years or Fifty rupees. 

less. 

99. As fortune teller. 	 Fifty rupees. 

• 

100. As owner of a cargo boat or a passenger boat or a bullock or a Fifty rupees. 
buffalow cart which is let out on hire. 

101. As owner of three or more jin-rickshaws, cycle rickshaws, carriage Fifty rupees. 
or hand-carts, which are let out on hire. 

Class VII 

102. As keeper of a shop or other place of business other than those Thirty rupees. 
mentioned elsewhere in this schedule. 

103. As pedlar, vendor of goods. 
	 Thirty rupees. 

104. As owner of less than three jin-rickshaws, cycle rickshaws, carriage Thirty rupees. 

or hand-carts, which are let out on hire. 

105. As petition writer or bill writer. 
	 Thirty rupees. 

652 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule IV) 

Tax on Advertisements 

[See section 127(1).] 

Per month 	Per year 
Rs. P. 	Rs. P.,. 

1 Advertisements on hoardings, walls or posts or in the form 
of non-illuminated sky-signs— 
(a) for a space up to 1 square metre 	 12.00 
(b) for a space over 1 square metre and up to 2.5 square 

metres 	 25.00 
(c) for every additional 2.5 square metres or less 	 20.00 

2. Advertisement on cloth hung across streets or footpaths— 
(a) in a street up to 6 metres wide 

	
1.00 

(per running 30 centi-
metres) 

(b) in a street over 6 metres wide 
	

1.50 
(per running 30 centi-

metres) 

3. (i) Advertisements which are fixed to or against the wall or outer' 
face of a building and 
(I) no part of which projection on or over a street: 

(a) for a space up to 1 square metre 	 12.00 
(b) for a space over 1 square metre and up to 2.5 square 

metres 	 25.00 
(e) for every additional 2.5 square metres or less 	. 	 20.00 

(2) which are placed in a position inclined to the vertical or 
otherwise project on or over a street: 
(a) for space up to 1 square metre 	 12.00 
(b) for a space over 1 square metre and up to 2.5 square 

metres 	 25.00 
(c) for every additional 2.5 square metres or less 	 20.00 

(ii) Advertisement suspended over or across street— 
(a) for space up to 1 square metre 	 12.00 
(b) for a space over 1 square metre and up to 2.5 square 

metres 	 25.00 
(c) for every additional 2.5 square metres or less 	 20.00 

In addition to the usual amount on the basis of the surface area of the cloth, calculated at the rates as in item I, reduced in 

terms of a month. 

N.B.--If the advertisement board projects more than sixty centimetres over or across street—Rs. 4 for every additional 30 
centimetres in addition to the tax prescribed above. 

N. B.--If the board exceeds I 5 centimetres in thickness 2 per 30 centimetres of h thickness in addition to the tax above. 

653 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Schedule IV) 

	

Per month 	Per year 

	

4. Advertisement hoarding standing blank but bearing the name of 	Rs. P. 	Rs. P. 

the advertiser or with the announcement 'To bet let' displayed 
thereon: 
(a) for a space up to 1 square metre, 	 0.50 
(b) for a space over 1 square metre and up to 5 square metres 	 1.00 
(c) for every additional 2.5 square metres or less 	 1.00 

5. Advertisement board carried1 on vehicles (or advertisements 
displayed on the body of vehicles)- 
(a) for a space up to 1 square metre 	 20.00  
(b) for a space over 1 square metre and up to 2.5 square 

metres 	 41.00  
(c) for a space over 2.5 square metres and up to 5 squarg 

metres 	 75.00. 
(d) for every additional 5 square metres or less 	 75.00 

Provided that in the case of a person advertising in more than one 
vehicle at a time the total space advertised in all the vehicles taken 
together shall be taken into account for the purpose of determination of 
the tax. 

6. Illuminated advertisement boards carried on vehicles (for 
illuminated advertisements (displayed on the body of vehicles)- 
(a) for a space up to 2.4 square metres 	 75.00 
(b) for a space over 2.5 square metres and up to 5 square metres 	 150.00 
(c) for every additional 5 square metres or less 	 150.00 

7. Advertisement boards carried by sandwich boardmen- 
(a) for each board up to 1 square metre 	 1.25 
(b) for each board over 1 square metre and up to 2.5 square 

metres 	 2.50 
(c) for every additional 1 square metre or less 	 1.25 

8. Illuminated advertisement boards carried by sandwich boardmen- 
(a) for each board up to 1 square metre 	 2.50 
(b) for each board over 1 square metre and up to 2.5 square metres 	5.00 
(c) for every additional I square metre or less 	 2.50 

9. Illuminated sky-signs and advertisements other than those referred 
to in items 6 and 8- 
(a) for a space over 2,000 square centimetres 	 16.00 
(b) for a space over 2,000 square centimetres and up to 5,000 

square centimetres 	 32.00  
(c) for a space over 5,000 square centimetres and up to 2.5 square 

metres 	 40.00 

(d) for every additional 2.5 square metres or less 	 . . 	 40.00 

N.B.-In the case of projected advertisements in addition to the tax 
prescribed above, the same rate will apply regarding projection and 
thickness, as given in item 3 above. 

654 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule IV) 

Per month 	Per year 

	

Rs. P. 	Rs. P. 

10. Advertisement exhibited on screens by means of lantern slides of 
similar devices— 

(a) for a space up to 5,000 square centimetres 	 64.00 

(b) for a space over 5,000 square centimetres and up to 2.5 square 
metres 	 80.00 

(c) for every additional 2.5 square metres or less 	
, 80.00  

11. Posters on walls, hoardings, frames, posts, kiosks upon or in 
vehicles— 

(a) for a space not exceeding a single royal 	 0.25 
(b) for a space not exceeding double royal 	 0.50 

(c) for every additional 1 square metre 	 0.37 

If a poster for which tax has already been paid has to be replaced due 
to damage or otherwise before the expiry of the period for which the tax 
has been paid, a stamp may be affixed to the new poster to the effect that 
it is covered by the original receipt for payment, the number and date 
whereof should be specified on the body of the poster: 

Provided that the previous approval of the Chief Executive Officer 
shall be taken before erecting such new posters. 

12. Fly posters or hand-posters— 

(a) of a size up to 96 square centimetres 	 . 1 paisa each 

(b) of a size over 96 square centimetres and up to 192 square 
centimetres 	 . . 2 paise each 

(c) of a size over 192 square centimetres and up to 320 square 
centimetres 	 . 3 paise each 

(d) of a size over 320 square centimetres and up to 480 square 
centimetres 	 . 5 paise each 

(e) of every additional 96 square centimetres or less 	 . . 1 paisa each 

Explanation 

1. In calculating the space or area referred to above all the faces of the advertisement hoardings, 
boards, etc., utilised for purposes of display shall be taken into account: 

Provided that in the case of a sky-sign, in addition to the above, the face surface of the 
supporting pillars or raised platforms, if any, below the actual displaying area shall also be 

taken into account. 
2. An advertisement shall not be deemed to be an illuminated advertisement within the meaning of 

this Schedule if such advertisement is illuminated merely by light which, in. the opinion of the 
Chief Executive Officer, is not more than what is necessary to make the same visible at night. 

655 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Schedule V) 

SCHEDULE V 

[See section 105(4).] 

Parts of plant or of combination of plant and machinery in certain cases not to be 
excluded in calculating the annual value of any land or building. 

The following parts of a plant or combination of plant and machinery whenever and only to 
such extent as any part is, or is in the nature of a building or structure: 

Acid concentrators, 
Bins and Hoppers, 
Blast Furnaces, 
Burners, Forges, Furnaces, Kilns, Ovens and Stoves, Chambers, 
Absorption of gases or fumes, 
Aerographing and Spraying, 
Bleaching, 
Chemical Reaction, 
Conditioning or Treatment, 
Cooling, 
Dyeing, 
Dust or Fume collecting, 
Fibre Separation (Wool Carbonising), 
Fuming, 
Impregnating, 
Refrigerating, 
Sandblasting, 
Sterilising, 
Sulphuric Acid, 
Chimneys, 
Cooking Ovens; 

Condensers and Scrubbers— 
Acid, 
Alkali, 
Gas, 
Oil, 
Tar; 

Conveyor Grantr es; 
Cooling Ponds; 
Crane Gantries; 
Coupolas; 
Economisers; 
Elevators and Hoists: 

656 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule V) 

Evaporators; 
Fan Drifts; 

Floating Docks and Pontoons with any Bridges or Gangways not of a temporary nature used 
in. connection therewith; 

Flues; 
Flumes and conduits; 

Foundations, Settings, Gantries, Supports, Platforms and Stagings for plan and machinery; 
Gas— 

Holers, 
Producers and Generators, 
Purifiers and Cleaners; 

Head Gear— 
Mine, Quarry and Pit, 
Hydraulic Accumulators, 
Well; 

Pits, Beds and Bays— 
Casting, 
Cooling, 
Drop, 
Inspecting or Testing, 
Liming, Soaking, Tanning or other treatment setting; 

Rack; 
Refuse, Destructors and Incinerators; 
Restors; 
Ship Construction and Repair; 

Cradles, 
Grids, 
Slipways, 
Uprights; 

Silos; 

Stages, Staithes and Platforms for loading, unloading and handling materials; 
Stills; 
Superheaters; 
Tanks; 
Towers for 

Absorption of gases or fumes, 
Chemicals Reaction, 
Cooling, 
Oil Refining and Condensing Treatment, 
Water, 
Transporter Gantries, 
Transverser and Turntables, 
Vats, 
Weighbridges, 
Wheles Masts. 

657 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben. Act 

(Schedule VI.) 

SCHEDULE VI 

Penalties 

[See section 267.] 

Section and sub- 
section, clause or 

provisio. 
Subject 

2 

Maximum fine or 
imprisonment that 
may be imposed. 

3 

Maximum daily 
fine that may 
be imposed. 

4 

Section 80, sub-section (3) 

Section 126 

Section 128 

Section 132 

Section 135, sub-
sections (2) and (3) 

Section 160 

Section 166 

Section 168. sub-
section (1) 

Section 169 

Section 172 

Section 177, sub-
section (3) 

Section 179, sub-
section (2) 

Section 180 

Section 181, sub-
section ( I) 

Requisition by auditors to produce 
documents, to appear in person or to 
make and sign declaration to answer 
question or to submit statement. 

Default in payment of tax on profession, 
trades and callings. 

Advertisement made without payment 
of taxes. 

Default in payment of tax on carriages 
and animals. 

Default in furnishing statement and 
production of books and accounts. 

Laying down service pipes from the 
mains' of the Corporation without 
permission. 

Construction of private streets, walls, 
fence, etc. on municipal drain, channel 
etc. without permission. 

Unlawful connection of house drain 
with municipal drain. 

Requisition to owner to arrange for 
sufficient means of effectual drainage. 

Throwing, emptying or turning certain 
matters not to be passed through 
municipal drains. 

Keeping or maintaining toilet or urinal 
for public use without permission. 

Failure to provide privy, urinal, bathing 
-or washing place. 

Failure to provide privy or make 
alteration or substitution of service 
privy by other system. 

Construction of cesspool in violation of 
provision. 

Two hundred rupees. 	Fifty rupees. 

Three times the tax payable Twenty-five rupees. 
annually. 

One thousand rupees. 	One hundred rupees. 

Three times the tax payable.  Twenty-five rupees. 
annualy. 

One hundred rupees. 	Ten rupees. 

One thousand rupees or Fifty rupees. 
imprisonment for three 
months or both. 

	

One thousand rupees. 	One hundred rupees. 

	

One thousand rupees. 	One hundred rupees. 

	

One thousand rupees. 	One hundred rupees. 

	

One thousand rupees. 	Fifty rupees. 

	

Five thousand rupees. 	Fifty rupees. 

	

Five hundred rupees. 	Fifty rupees. 

	

Five hundred rupees. 	Fifty rupees. 

	

Five hundred rupees. 	Twenty-five rupees. 

658 



The Chandernagore Municipal Corporation Act, 1990. 

XXXII of 1990.] 

(Schedule VI.) 

Section and sub- 
section, clause or 

provisio. 
Subject 

2 

Maximum fine or 
imprisonment that 
may be imposed. 

3 

Maximum daily 
fine that may 
be imposed. 

4 

Section 181, sub-
section (2) 

Section 187, sub-
section (2) 

Requisition on owner to fill up or 
remove unlawful cesspool. 

Failure to comply with a notice for 
removal or alteration of verandah, 
platform, building etc. 

Five hundred rupees. 

One thousand rupees. 

Twenty-five rupees. 

Fifty rupees. 

Section 188 
	

Failure to remove wall, fence, rail, 
platform, etc. 

Section 189 	 Prohibition of tethering of animals and 
milking of cattle. 

Construction or reconstruction in 
violation of the regular line of a street 
or building line without proper 
permission. 

Utilisation or sale of land for 
construction of buildings without 
provision for streets giving access to 
the site. 

Section 190, sub-
section (5) 

Section 194, sub-
section (1) 

Five thousand rupees. 	Fifty rupees. 

Two hundred rupees. 	Ten rupees. 

One hundred rupees. 

One thousand rupees. 

Section 196 

Section 198 

Prohibition of making new streets. 

Unauthorised use of land as building 
site. 

One thousand rupees. 

Two thousand and 
five hundred rupees or 
imprisonment for six 
months or both. 

One hundred rupees 
per square metre. 

Section 202. sub-
section ( I) 

Unauthorised erec on of a building. Two thousand and 
five hundred rupees or 
imprisonment for six 
months or both. 

Two hundred rupees. 

Section 203 

Section 204, sub-
section (1) 

Section 233, sub-
section (3) 

Section 235, sub-
section (1) 

Section 236, sub-
section ( I ) 

Occupation of a building without 
a completion certificate. 

Change of the use of premises 
sanctioned for specified purposes. 

Failure to perform duties in the 
matter of collection of solid 
wastes. 

Use, alteration, etc. of premises 
as godowns, warehouses, etc. 
without permission. 

Establishing a factory without 
permission or altering or 
extending the same otherwise 
than in conformity with 
the condition. 

Five hundred rupees. 

Two thousand and 
five hundred rupees or 
imprisonment for six 
months or both. 

Three hundred rupees. 	Twenty-five rupees. 

Two thousand and 
five hundred rupees or 
imprisonment for six 
months or both. 

Two thousand and 
five hundred rupees or 
imprisonment for six 
months or both. 

Twenty-five rupees. 

Two hundred rupees. 

Two hundred rupees. 

Two hundred rupees. 

659 



The Chandernagore Municipal Corporation Act, 1990. 

[West Ben Act XXXH of 1990.] 

(Schedule VI.) 

Section and sub- 
section, clause or 

provisio. 
Subject 

2 

Maximum fine or 
imprisonment that 
may be imposed. 

3 

Maximum daily 
fine that may 
be imposed. 

4 

Keeping eating house, etc. without 
permission or otherwise than in 
conformity with a licence. 

Keeping open theatres, circuses, etc. 
without permission or otherwise than 
in conformity with a licence. 

Keeping open any private market, 
etc. otherwise than in conformity with 
a licence. 

Carrying on the trade of a butcher 
otherwise than in conformity with 
licence. 

Prohibition of selling of flesh, fish or 
animal without licence. 

Prohibition of hawking, etc. 
otherwise than in terms of a 
licence. 

Prohibition of carrying on trade of a 
butcher, fish monger, etc. otherwise 
than in conformity with a licence. • 

Prohibition of sale, etc. of adulterated 
or misbranded food or drug. 

Failure to register manufactory. 

Prohibition of keeping adulterants in 
a place where butter, ghee, etc. are 
manufactured or stored. 

Failure to provide protection to articles 
of food, drug, receptacle, etc. 

Keeping of shops, etc. otherwise than 
in conformity with a licence or failure 
to display the licence. 

Failure to give information of 
dangerous diseases. 

Failure to take measures to prevent 
spread of dangerous diseases. 

Non-registration of place for 
disposal of the dead and failure 
to deposit plan in municipal office. 

Section 237, sub-
section (I ) 

Section 238 

Section 241 

Section 242, 
clause (a) 

Section 242, 
clause (b) 

Section 245 

Section 246 

Section 249 

Section 250 

Section 251 

Section 252, sub-
section (2) 

Section 253 

Section 256 

Section 259 

Section 261, sub-
section (1) 

Two thousand and five- 
	Two hundred rupees. 

hundred rupees or imprison-
ment for six months or 
both. 

One thousand rupees. 	One hundred rupees. 

Two thousand and 
	

Two hundred rupees. 
five hundred rupees or 
imprisonment for six 
months or both. 

Two thousand and 
	

Two hundred and fifty 
five hundred rupees or 
	rupees. 

imprisonment for six 
months or both. 

Five hundred rupees. 	Twenty-five rupees. 

Five hundred rupees. 	Twenty-five rupees. 

Five hundred rupees. 	Twenty-five rupees. 

Two thousand and 
	

Two hundred rupees. 
five hundred rupees or 
imprisonment for six 
months or both. 

Two thousand and 
	

Two hundred rupees. 
five hundred rupees or 
imprisonment for six 
months or both. 

One thousand rupees. 	Two hundred rupees. 

Two hundred rupees. 	Fifty rupees. 

One thousand rupees. 	One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

One hundred rupees. 

660 


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Jurisdiction
West Bengal
Enactment date
1993-09-22
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India Code, Government of India. Text fetched 13 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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