West bengal act 003 of 1932 : Garden Reach Municipality Act, 1932

Section 1. Short title

1. Short title.- This Act may be called the Garden Reach Municipality Act, 1932.

Section 2. Definitions

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(1) "Garden Reach area" means the area which formed the Garden Reach Municipality at the commencement of the Calcutta Municipal Act, 1923 (Ben. Act III of 1923), excluding such portions of that area as had then been or have up to the commencement of this Act been acquired by the Commissioners for the Port of Calcutta for the construction of King George's Dock and the works in connection therewith;

(2) "Garden Reach Municipality" means the new Garden Reach Municipality constituted under section 8;

(3) "Former Garden Reach Municipality" means the Municipality known as the Garden Reach Municipality as it existed at the commencement of the Calcutta Municipal Act, 1923.

Section 3. [Repealed]

3. [Repealed].- ¹[* * *]

Section 4. [Repealed]

4. [Repealed].- ¹[* * *]

Section 5. [Repealed]

5. [Repealed].- ¹[* * *]

Section 6. [Repealed]

6. [Repealed].- ¹[* * *]

Section 7. [Repealed]

7. [Repealed].- ¹[* * *]

Section 8. Constitution of Garden Reach ??? Municipality

8. Constitution of Garden Reach ??? Municipality.- Notwithstanding anything contained in sub-section (2) or section 2 of the Calcutta Municipal Act, 1923¹ (Ben. Act III of 1923), or in section 8 of the Bengal Municipal Act, 1884² (Ben. Act III of 1884), the ³[State Government] may, by notification in the ⁴[Official Gazette], consulate the Garden Reach area as a Municipality for the purposes of the Bengal Municipal Act, 1884², with effect from such date as may be specified in the notification and thereupon the Bengal Municipal Act, 1984², and the Bengal Pood Adulteration Act, 1919 (Ben. Act VI of 1919), shall notwithstanding the provisions of sub-section (2) of section 2 or the Calcutta Municipal Act, 1923¹, be deemed to be re-enacted and in force in the said area from such date.

Such notification shall sped by the boundaries of the said Municipality, and the number of the Commissioners, and may further specify whether the name of the Municipality shall or shall not be included in the first or second schedule of the Bengal Municipal Act, 1884².

Section 9. [Provincial Government to appoint first Commissioners and Chat man for two years]

9. [Provincial Government to appoint first Commissioners and Chat man for two years].- ¹[* * *]

Section 10. [Provincial Government to pass accessary orders for first election of Commissioners]

10. [Provincial Government to pass accessary orders for first election of Commissioners].- ¹[* * *]

Section 11. [First election of Commissioners]

11. [First election of Commissioners].- ¹[* * *]

Section 12. Consequences of constitution of Garden Reach Municipality

12. Consequences of constitution of Garden Reach Municipality.- On the publication of the notification referred to in section 8 the following consequences shall ensue, namely:-

On and from the date specified in the said notification as the date of the constitution of the Garden Reach area as a Municipality-

(1) The orders or the ³[State Government] made under sub-section (2) of section 7 shall commence to have effect.

(2) All movable properly apportioned by the Committee to the Garden Reach Municipality and all immovable property in Garden Reach area and all interests of whatever nature therein vested in the Corporation of Calcutta shall vest in the Commissioners of the Garden Reach Municipality.

(3) All rights and liabilities attaching to the Corporation of Calcutta from contracts, agreements or leases, to which the Corporation of Calcutta is a party in respect of and solely affecting the Garden Reach area shall vest in the Commissioners of the Garden Reach Municipality.

Section 13. [Valuations, etc., under the Calcutta Municipal Act, 1923, to remain in force for one year]

13. [Valuations, etc., under the Calcutta Municipal Act, 1923, to remain in force for one year].- ¹[* * *]

Section 14. Revival or rules etc. of former Garden Reach Municipality

14. Revival or rules etc. of former Garden Reach Municipality.- Subject to the provisions of this Act the rules, orders, by-laws, regulations and directions made or issued under the Bengal Municipal Act, 1884¹ (Ben. Act III of 1884), and in force in the former Garden Reach Municipality at the commencement of the Calcutta Municipal Act, 1923² (Ben. Act III of 1923), shall from the date of the constitution of the Garden Reach Municipality under section 8 be deemed to be revived and in force in the Garden Reach Municipality, until they are superseded.

Section 15. [Saving of power to recover arrears of taxes]

15. [Saving of power to recover arrears of taxes].- ¹[* * *]

Section 16. Restoration to Garden Reach Municipality of movable property and records

16. Restoration to Garden Reach Municipality of movable property and records.- The Corporation of Calcutta shall make over to the Garden Reach Municipality all furniture, records (other than records relating to King George's Dock area and required by the Corporation of Calcutta for their own purpose), movable properly and other assets or the former Garden Reach Municipality remaining in the possession of the Corporation, and shall likewise make over all document and records relating to the Garden Reach area which have come into existence since the commencement or the Calcutta Municipal Act, 1923².

Section 17. Power to adopt or alter acts and orders of Corporation of Calcutta

17. Power to adopt or alter acts and orders of Corporation of Calcutta.- Subject to the provisions of the Bengal Municipal Act, 1884¹, it shall be competent for the Commissioners of the Garden Reach Municipality to adopt, amend, vary or rescind anything done or order made by the Corporation of Calcutta in respect of the Garden Reach area.

Section 18. Duty of Commissioners to execute original improvement works

18. Duty of Commissioners to execute original improvement works.- (1) Notwithstanding anything contained in Part III of the Bengal Municipal Act, 18841, or elsewhere in that Act the Commissioners of the Garden Reach Municipality shall annually reserve the sum of one lakh and twenty-five thousand rupees out of the sum of rupees two and a half lakhs to be received annually from the Corporation of Calcutta under section 90A of the Calcutta Municipal Act, 1923³, for expenditure on new works of improvement in the Garden Reach Municipality approved by the ⁴[State Government], and meeting of loans charges for such works.

(2) The ¹[State Government] may make rules for the application of the sum reserved under sub-section (1) and the form of the accounts to be maintained in connection therewith.

Section 19. [Amendment of the Calcutta Municipal Act, 1923]

19. [Amendment of the Calcutta Municipal Act, 1923].- ¹[* * *]

Section 20. General powers of the State Government to remove unforeseen difficulties

20. General powers of the State Government to remove unforeseen difficulties.- If any difficulty arises in carrying out the provisions of this Act the ¹[State Government] may notwithstanding anything contained elsewhere in this Act or in any other Act by order do anything which appears to it to be necessary to give effect to the purposes of this Act.