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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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About this act
- Jurisdiction
- West Bengal
- Enactment date
- 1993-09-22
- Sections available
- Document reader
India Code, Government of India. Text fetched 13 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.