West Bengal act 014 of 1956 : Howrah Improvement Act, 1956

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West Bengal Act X N of 1956

T W HOWRAH IMPROVEMENT ACT, 1956.

CONTENTS.

C W R I.

Preliminary. Sccrion. 1 . Shon title, commcnccment and cxrcnt.

2. Dcfinilions.

CHAPTER II.

Thc Doard of Trustees. Corrsrirrrriotr of tire Board.

3. Crcarion and Incorporauon of Board.

4. Consli~ulion of ~ h c Board. 4A. (Otsitted. )

5. Disqualificalions for being appointed or elccled a Truslee.

6. Appoinuncnr of Chairman of thc Board.

7. Rerrmnera~ion of Chairmm.

8. Tcmporaly appointment OF a salaried officer as Chairman of the Board.

9. Leavc of abscncc or deputation of ~ h c Chairman. ^-

10. Appointmenr, elc.. of acung Chairman. I I . Leave of absence of other Truslees.

12. Removal of Chairman or Trustees.

13. Filling of casual vacancies in certain cases.

14. Term or officc of Truslces.

15. Mecting of Board.

16. Temporary asscciatian of members wilh the Board for particular purposes.

17. Consri~ution and funclions of Cornmiltee.

18. Mccting of Comrniltezs.

19. Fces Tor attendance at meetings.

20. Trusrces and associated members oi Board or any Committee not to rake part in proceedings in which rhcy are personally inreresrzd.

20A. Powcr of Board to exrcutc ccnin works ar to render ceFlain services. 2 1 . Power to rnakc and perform contracts.

32. Execution or contrads and approval of cstimatcs.

23. Further provisions as to execution of contracts md provision as to scal of Board.

24. Tenders.

25. Security for pcrrormnnce of conmact.

26. Supply of documents and informaion to h e Srare Government.

Tlre Howmh Inlproverrreflr Act, 1956. [Wcst Den. Act

2'1. Staremcnt ol strength and rcmuncration of st&.

28. Board to make rules.

29. Powcrs of appoinrmenl. etc.. in whom vested.

30. Sanction of Slate Govcrnnlent rcquired to cenain statemcnts, rules and orders. 3 1 . Conlrol by Chairman.

32. Delegation of certain powers, durics and iu~ictions of thc Chairman.

Improvement Schemes.

33. Improvcmcnt schemes.

34. Maltcrs to be considcrcd when framing improvemenl schemes.

35. Mnlrcrs to be provided Tor in improvemen1 schemes.

36. Duly of Municipality lo prevcnl misuse of rescivcd areas.

37. Whcn gcncral improvcmcnl scheme may be framcd.

35. Authoriry for making an oificial represenr;l!ion for a gcneral improvemenl schcmc.

39. Considerarion or official represcn~alions.

40. Wllen streel schcmc may be frarncd. i

4 l . Wid~h of slreers. I

42. Scheme for the improvcmcnt 01 insanitary brrstee area. I I

13. Re-housing pcrsons displaced by inlprovemenl schcmc.

44. Housing accommodalion scllcmc. I I

45. Prepamuon, publicarion and uansmission of nouce as la improvement scheme, and supply I of docuinents to applicanu.

46. Transmission to Board of reprcsen~ation by Municipality or olher Iocal Au thorily.

47. Scrvice of noricc as to proposed acquisition of land or recovcry of betterment fee.

48. Furnishing of copy of, or extracls from, Ihe municipal assessmenr-book.

$9. Abandonment of irnprovemenr scheme, or npplicalion to Stale Governmcnr to sanction il.

50. Powcr to sancrion or rejecl improvement schemc.

5 1. Nuiificarions of sanciion to jrnprovcmcnt scheme.

52. Alleralion of jmprnvcment scheme afier sanclion.

53. Combinarion of improvement schemes.

54. Transfer lo Board for purposes of improvemenl schcme, of builiding or land vcsrcd in h e Commissioners of Municipality.

55. Lands acquircd for drainage schemc 10 vest in h e Board.

56. Provisions of drain or walenvork lo rcpjacc another siluated on land vested in h e Board

under section 54.

57. Bar lo applicarion of cemin secuon of the Calculta Municipal Acr. 1923, to sweets vested 1 in rhc Bonrd.

58. Repair and watering of streets ves~ed in Ihc Board.

59. Guarding and lighling whcn w e e l vested in h e Board is opened or broken up or when i

slrrcl is under conslrucuon and speedy cornpIction of work.

Tlie Howrali hrrprovenrerir Acr, 1956. ⁷¹³

Section.

60. Prevention of restriclion of Lralfic in sireel vestcd in Ihe Board during progress of work.^,^.. , , . 6 1. Provision of facililics whcn work is cxccuted by Board in public sueel vested in them.

62. Powcr to B o , d lo lurn or closc public sucer or square vcsrcd i n thcm.

63. Projected public srreet and parks.

64. Board may makc plans for future cx~ension of sewage disposal sire. 65.. Vesting in Commissioners of Hownh Municipality of-streels laid out or altered, and open spnces providcd, by rhc Board under an irnprovcment scheme.

66. Applicauo~l of scclion 65 lo othcr Municipalities.

CHAPTER IV.

. . .. . Acquisition and disposal of land. . .

Acqrrisiriorr by agreetset~r at~d cot~ipulsory ocqrrisitioa

67. Powcr lo purchase or lcase by agrccmcnt and to acquire land under the Land Acquisition

Acl, 1894.

68. Power of Board to acquire land for fulurc improvcmcnr schcme.

69. Tribunal lo be constituted.

70. Modificarion of the Land Acquisirion Act, 1894.

7 1. Cons~itution of Tribunal. 1

72. Ramunem~ion of mcmbcrs of Tribunal.

73. Officers and servanrs of Tribunal.

73. Pitymenls by Board on accounl orTribuna1.

75. Power to make rules Cor Tribunal.

76. Award of Tribunal how ro be dercrmincd.

77. Appcal.

78. Stale Govcrnmc~ll may appoinr the Tribunal for Calculta lo bc thc Tribunal for Howrah.

79. Abandonment of acquisition in considerarion of spccial payment.

Bertenrle~zr fee. SO. Payrneni of bcuern~enr fee. 8 1. Assessmenr of be~rcrment fee by Board.

82. Settlen~ent of berlcrmcnt Fee by arbitrators.

83. Fecs for arbi~ators.

84. Proceedings of arbi~rators.

85. Board to give notice to persons liablc 10 payment of beuermenr fees.

86. Agrecrnenl to inakc payment of beltermenl fcc a charge on land.

Recovev of special puyitrerrrs orrd berrerrrrent fees.

87. Recovery of moncy payable in pursuance of sccrions 79 ,S l . 82, or 86.

88. Board to appojnl persons for enforccmcnt 01 processes for recovcry or dues.

[Wet Ben. Act Scc~iou.

Acqrrisition 011 fresh declaration.

39. Agreemcnl or pqmcnl no1 to bar acquisilion under a fresh declaration. Disposal 01 land.

90. Powcr to dispose of land.

91. Calculla Tlzika Tenancy Act, 1949, and West Bcngal Non-Agriculluml Tenancy Act, 1949,

nol to apply.

CHAPTER V

Taxation.

92. Duly on cerlain transfers of immavablc prapcrly.

93. Par~iculars to bc sct forlh in documents making uansfcr of propeny.

94. Dislribuuon of cusloms duty on exports of jure.

95. Powcr ro Slarc Govcrnmcnt 10 mnkc mlcs. 95A. Powcr to Starc Govcrnmcnt to issuc direction.

CHAFER VI.

Finance.

96. (Orjrirred.)

97. State Governn~enr to pay lo the Board a share of h e net proceeds of h e lerrrtinal taxes assigned to i t .

Loarrs.

98. Power of Board to borrow money.

99. Loans from Banks.

100. Diversion of borrowcd moncy lo purposcs othcr than those first approved.

10 1 . Form, signature, exchange, Lranskr and cfrccl or dcbcnwres.

102. Signature of coupons attached 10 dcbcnlurcs.

103. Paymcnrs to survivnrj of joint payers.

104. Receip~ by joint holdcr for intcrcsl or dividend.

105. Priorily of payments for interest and repayment of loans.

106. Rcpaymcnt of loans taken under section 98.

107. Establishmcni and n~aintcnance of sinking funds.

108. Power to discon~inuc paymenb into sinking funds.

109. Investmenr of sinking runds.

7 l c Howrah Inrprove~nerlr Act,-1956. XIV of 1956.1

1 10. Application or sinking runds. 1 1 1. ,Annual ssratcmcnrs by uuslccs.

112. Annual examination of sinking iunds. 1 13. Proccdurc if Board fail to make any pa$ncnt or invcsrment in respect of loans. 1 14. (Olllirred)

1 15. Paymcnls undcr sccdon 1 13 to be a charge on the property of rhc Board.

116. Procedure if Board fails to rcpay loans obtained from the State Govcrnmcn~. 1 17. Estimarcs oT income and expendilute to be laid annuaIly bcforc thc Board. 1 18. Sanclion of Board lo cslimalcs.

1 19. Approval of S~are Government to estimalcs.

120. Transmission or copy of es~irnnte to Chairman of Howrah Municipality.

12 1. Special provisions as lo the first cslimate aner the conslimlion of thc Board.

122. Supplementary cslirnalcs.

123. Adherence ro estimare, and maintenance of closing balance.

124. Rccciprs or moneys, and deposit to S~a le Bank of India.

125. Invcs~mcn~ of surplus money.

126. Paymenu by cheque.

127. Signalum of orders under section 125 and chequc.

128. Duly of Chairman and others before signing cheque.

129. Accounts of receipts and disburserncnls how to be kept.

130. Defini [ion of "cast of managemenl". 1 3 1 . Keeping of capital account and revenue accounL.

132. Crcdits to capital account. 1 33. Application of capital account.

134. Credits to revenue account. 1 35. Applicnlion of revenue account.

136. Power 10 direcr snlc of securirics in which any surplus of the rcvcnuc account is invcswd. ^{, -}

137. Advanccs rrom revenue accounl to capital account.

138. Advances Irom capital account to revenue account.

139. Striking off irrccovcrable sum. :I

140. Submission of abs~rack of accounls to Slate Governmenl. 14 1. Annual audit of accounrs.

142. Powers of audiror.

Secdon. Tlre Howralr Itrrproven~ent Act, 1956. [West Bcn. Act

443. Remunerarion of auditor.

144. Reports and information lo be furnished by auditor to the Board.

145. Board to remedy dcfects pointed out by audiror.

146. Audiror's report to be sen1 lo each trustee end considered by Board.

147. Publica~ion and msmission of an abstracr of thc accounts.

CHAPTER W.

148. Further powers lo Slale Govcromcnl for making rulcs.

149. Funher powers lo Board for making rules.

150. Condirions prcccdenr to (he making of rules under secuons 95, 148 or 149. 15 1. Publicalion of rules.

152. Prinling and salc or copies of rules.

153. Exhibirion of copies of rules. C H A r n R VIII.

Supplemental Provisions. Stat~rs of Trtfsrees, elc.

154. Truslees, elc., dccmcd public servants. Coti(ribrr/iot~s lowads leave allo~~~arrces ar~d pensions ofseivatrrs of the 1

Govemnlenr.

155. Contributions by Board lowards lcave allowances and pcnsions of servants of [he^:^'

Government employcd under this Act. Erlertsion of Act to nreas it1 the neigkbourlrood ofthe Howrah Mrinicipality.

158. Saving of Telegraph and Railways Acls.

Legal proceedings

159. Cognizance of offences.

160. Limi~alion of lime for proseculion. 16 1 . Powcs of Chairman as to institurioo, etc.. of legal proceedings and obtaining legal advice.

162. Indemnily lo Board, elc.

163. Noiici of suit against Board. etc.

The Howruh h~rprnve~t~art Act, 1956. Seciion.

Police.

164. Co-operalion of the policc. - 165. h e s ~ of offenders. Evidence.

166. Proof of conscnl, elc.. of Board or Chairman or oflicer or servanr of Board.

167. Validalion of acls and proceedings. Compel tsorion.

168. Gcneral power of Board to pay cornpensadon.

' 169. Cornpensarion to be paid by offenders for damage caused by hem. Public rzorices ond advertise~~~err~s.

170. Public notices how ro be made known.

17 I . Newspapers in which advcrriscrnenls or nolices 10 be publishcd. Sigtiatrrre atrd service of notices or bills.

172. Slamping signarurcs on nolices or bills.

173. Services how to be effected. Surveys.

174. Powcr to make surveys, or conlribulc towards heir cost. Polver- of etifty.

175. Power of e n q . Penalties.

176. Punishment for acquiring share or inlcrcst in conuacl, etc., w i h the Board.

177. PenaIty for removing fence, elc., in streel.

178. Pcnalty for building wilhin smeet alignment or building line of a projected public srreel. ^,^.^.

179. Penalty for failurc to remove wall or building in respect of which agreement has k e n execured.

180. Penalty for failure to comply with requisition made by auditor. 18 1. Penalty for obsmcting conrraclor or removing mark. Recovery of expetlses.

182. Removal of wall or building and rccovcry of expenses. Swsperrsiotl or abolitiori, at~d re-i)trpositbi, of tarltfion or trt~ttiicipal conrribrrtiorls.

1 S3. Suspension or aboli~ion, and re-imposiuon, of laxation or municipal conlrjbutions. Dissolrr~ior~ oJ Board.

154. Power of Srarc Government to supersede the Board.

184A. Conscqucncics of supersession. Schedule I.

Schcdule U.

West Bengal Act XIV of 19561 THE HOWRAH ZMPROVEMFNT ACT, 1956.'

IVcsl Bcn. Acr m1 of 1966. Wcsl Ben. Acr XVLI of 1969. Wesr Ben. Act VUl of 1972. Wes~ Ben. Act XI of 1972. West Bcn. Acl XLIll or 1983. West Bcn. Act XV of 1995. [91h J~r l e , 1956.1 A11 Acr ro provide for rhe 611pivvettrenr of Hawra/~. WHERFAS jl is cxpedient ro make provision for !he improvemer~t and

expansion of Howrah in h e milnncr hereinaftcr appearing; AND WHEREAS it is expcdient that n Board of Trustees should be

constilutcd and invcsrcd w i ~ h spccid powers for carrying our thc objects

of [his ACI:

It i s hcrcby enacted in thc Seventh Year oFthc Rcpublic of India, by lhc Lcgisla~urc of Wcst Bengal, as follows:-

C H A F E R I.

Preliminary.

1. (I) This Acl may bc calIed h c Howrdi lmprovcmcnt Act. 1956, si:$g-

(2) It shall cornc i n l o forcc' on such day as thc ~ ~ a l c ~ ~ o v e r n m c n ~ men1 and

cxtcnt. may, be norificalion, appoint.

"(3) 11 extends LO h e wholc of Howrah. or rhr m~crncn~ of Objuclr and Kc;usons. set h e Calcufrtr Guzerre. fitrurrrdinuq:

da~cd hc5!hSeplcnikrV 1955, Prui IVA, p q c 153RThc Rcponofrht:Joini Sclccr Commirirc

o f h c \Vat Bengal Lfrislaturc was published i n thc Colcurru Garfee. Errruordi~raq: datcd

rbiz ??nd Much., 1956. Pan IVA, pagc 407; for pmctcdings of h c Wcsr Bengal Lcgisla~ivc

Asscn~bly, scecheprocccdingsolrhr. nrcl ingsoirht \Vat B c n g d L r g ~ h i v c A s s c m b l y held on the 10th Scprcmkr. 1955, and 111c 15rh. ZDlh, 2 1 ~ 1 , 23nl and 34th Mnrch, 1956;,yld for pmcecdinpsoC11ic Wcs~Bengal Lrgisl~liueCouncil.~ec hi: pmwdingsof ~ h z mrzilngs

of the \Vest Bcngal Lfislalivc Cuuncil held on h e 41h Octobcr, 1955 and ~ h c 2 Isr and

28ihMarch. 1956. T h e provisions ofhis Act rrla ing to rhc sewyc d i spsa l scheme for ~ h c Municipality or Howmhshs!I stand r c d e d n i ~ h cffccl lromthc da~co lvminp l in thc CdcuaaMcrmnolim

\Valcr and Smitalion ;brurhorily of Ihc works rclaring to such ;chcme, vide scc~ ion t(k(2) or

the Calcutia McmpaLiian Watcr and S ~ i t a ~ i o n Authorily Acr 1966 (Wcst Ben. Act XlIl or 1966).

'This Aci ws bmught inro force \ \$ lhcffr~t fromtht261h Imunry, 1957, ride NouCulion No. 595-M. 1 A39156,datcdrhe I81h J m u w 1 9 5 7 , c i t h c ~ Self-Govcmrtwnr h ~ m n l . published in thr: C(11clrr1d Gaierre, dalcd rhc 241h I m u u y , 1957, Pan I, pagz?61. ' 'Sub-scclion (3) was subs r i~u~cd for thc clriginal sub-scclim by s. 2 of rhc l lownh I~uprovemxnt (Anwndmenl) ACI, 1995 ( W a t Ben. Act XV o f 1995). Prior:o [his subsrj~uuon.

the ~ollowingchangcs a c m d in original sub-scdion (I), nmcly:-

(i) thc words "and the Bdly Municipality" wuc inserted by s. ?(I) of the H o w d Impmucri~~nt (A~n~ndrncnt) Act 1983 (Wcst Bcn. Acl XLlIl of 1983). and

(ii) lhe words % o r Municipali~ics" s c r c s u b ~ i l u l c d Tor tk w d "rhar Municipaliry"

by 5 . 2 (2), ibid.

Tlte Holvmh I~i~provertterrt Act. 1956. ['CYcst Ben. Act

kfinilions. 2. In this Act, unless ~herc is anyrhing rcpugnanl in rhc subject or

b context,-

(a) "betterment fee" rncans the fec prescribed by scction 80 i n respect of an increase in value of land resulling from the execution of an inlprovemcnt scheme;

(6) "the Board" means ~ h c Board of Trustees for rhc irnprovcment of Howrah, consri~uted under [his ACI;

(c) "building" includes a house, out-house, stable, privy, urinal, shed, hut, wall (orhcr than a boundary wall not cxceeding ten fecl i n height) and any other srructure, whcther of masonry, bricks, wood, mud, rnecal or any combination of rhesc materials, or any other mawrial wharsocver but does not include a tent or ohc r ponable shclter and docs not also include any temporary shcd erecred on ccrernonial or festive occasions;

(d) "building line" rncans a line (in scar of h e srreet alignmenl) up lo which [he main wall of a building abutting on a projecled public slreei may lawfully exlend;

(e) "Chairman" means the Chairman of [he Board;

'(cc) "Chief Exccutive O1ficcr1' means the person appointed by

the Slare Govcrnrnent lo be [he Chicf E~ecutivc Oficer of ~ h c Board;

=(f) "IfIowrah" rncans the area within rhc jurisdiction of rhe district of Howmh;

-'(A) "Howrah Municipal Corporation" means the Howrall Municipal Corporation cstablished under the Howrah Municipal Corporation Act, 1980;

(g) "irnprovcment scheme" means a scheme falling undcr any

of the categories mentioned in section 33 bul does not include a projected public sweet or a projecied public park referrcd

lo in sec~ion 63;

(h) "land" has the samc meaning as in clause (a) of section 3 of [he Land Acquisition Act, 1894;

(i) "municipal assessment-book" means rhc municipal assessment-book referred to in sub-scction (1) of scclion 143 of the Calcutta Municipal Act, 1923, as cxlended to rhe Howrah Municipalily 4[and the assessmenl list prepared for the Bally Municipality under secuon 136 of the Bengal Municipal Act, 1932, as !he case may be];

Ben. Act 111 of 1913. 'Claw (ee) wa inxncd by s. 3 (2) of ~hcHowmhlmpmvemenr(Arrwndmen[) ACL 1995 (\Vcsf Bcn.ActXV or 1995).

'Clause(0 was subsli~utcd Tor origind clause by s. 3 (b), ibid R-iorio rhissubstiturion, ltac

words "and lhc Bally Municipality" were inscnrd. in original clausc (0. by s. 3( 1 ) of.lhe Hownh impmvcrnent (Amcndmenr)Aa, 1983 (Wat Ben.Aa XLIlI of 1983), 'Cl~use [IFj wva inseried by s. 3(c) olthc Howmh Impmvcrncn~ (Amendmcn1)Act. 1995 (Wcjt Ben. ACL XV of 1995).

'Thc words m d figurn wirhin Ihc square bnckek werc inserled by s, 3(2)of lhc Hownh Impmvemnr (Arnendrnenr)Act. 1983 (iVestBen.Aci XLlIlaF 19831.

XTV of 1956.1 (Cl~clpter 11.-Tlre Board of Tnrstees.-Sectiorls 3, 4.)

it i .51 Ecn. '(ii) "Municipality" has [he same meaning as in clause (38A) of - AcIXXLI :

of 1993. section 2 of [he West Bengal MunicipaI Act, 1993; ti) "nolificarion" means a notificalion published in thc Oficiul Gazerre;

(k) "Sccrclary to thc Board" mcans h e person for [he lime being appoinrcd by hc Board to discharge [he funcdons of the Sccrctary to rhc Board;

(I) [hc "Tribunal" mcans ~ h c Tribunal consurured under seclion 71;

(m) "Trustcc" mcans a Mcmbcr of [he Board; and In) [he expressions "brrs~ee", "drain", "public street" and "smeel

align men^" have a he same meaning as in clauses (41, (13), Ben. Acr XV (44) and (52), respecdvely, o f section 3 of the Bengal or 1432. Municipal Act, 1932.

CHAPTER 11. I

The Board of Truslees. I

Co~~stirrrrior~ f rl~e Board,

3. The duty of carrying our [he provisions or this Act shall. subjecl Creation I

to thc conditions and limi~alions hcreinancr contained, bc vested in a :$ken 1

Boad, lo bc callcd, 'The Trustccs Ibr rhc Irnprovcmcnt or Hownh" : o f ~ o a r d . I and such Board shall be a body corporarc and havc pcrpclual succession

and a common seal, and shall by [he said name sue and be sued.

'4. The Board shall consis[ oreleven Truslees as specified below:- Constitu~ion

of B o d , (a) the Mayor of lhc Howrah Municipal Corporation (hcrcinafter

, .

referred lo as [he Mayor);

(b) one representative of [he Department of Urban Development, Governmen[ of West Bengal;

(c) one representative of the Finance Deparmcnl, Governrncnl of Mst Bengal; . ,

'Clause (ii) was inserted by s. 3(d] ofrhcHowrah Irnpmvemnr (Amcndrncnr) Acl. 1995. (\PC41 Bcn. Act XV of 1995).

! S t c ~ i o n 4 was substiiulrd Tor the original section by s. 4. ibid. Prior to this suhslilulion, rhc fo!lowingchmgcso~currcd in original scciion 4, n m l y : - (il subscaion ( 1 ) wusubstiru~ed by s.4 (a) of rhc Hownhhpm~rnwnr(Amcndmcn~) Act. 1983 (Wcst Bcn. Act X L I I I o f 1983).

(ii) in sub-=&on (2).-

(a) the words, bnckca and Icucrs "claucs (c). (0 and (g)" were subsrilu~ed lor !hcwor&, bnckelsmd lcltcn 'Tlauxs(c) and (d)" by s. 4(b)(i). ibid., and

(b) rhe words ". thl: Chairmvl o f thc Bdly Municipality" wcn: inscned by s. 4(b)(ii), ibid., and

(iii) in sub-scclion (3),-

(3) h e words, bmkfrsand le~rcrs "clausls (el. (I) nnd (g)"wcresubsritu~ed forrhc words, bnckets and Icilcrs "clauxs (c) md (d)" by s.4(c)(i), ilrid.. and

(6) h e words "or such Coi~~nus~ ionerof lhe Bdly Muuicipdi~y" wcrcinscncd by S . ~ ( C ~ [ U ) . ;b;d,

Di \qu~ l~ - licarions for+in:

appo~nled or cltc~cd n Tustcc. Tlie Ho~vruft It~rpn-enrerlr Act, 1956. [West Ben. Act

(Clrapter II.-TII~ Boord of Tr~tslecs.-Sectio~1.s 4A, 5 . )

(d) onc official of the Calculta Mclropolilan Dcvclopment

Aulhority ro be appointed by llle Smlc Govcmmcnt;

(c) ~ h c Chicf Execuli vz Officer;

(f) fivc pcrsons [a bc appointed by h e State Govcrnmcnt;

(g) 111c pcrson appointed by the S~are Governmcnl lo bc ~ h c

Secretary of tlic Board, who shall be the Member-Secretary:

Provided rhnr wl~cn nn ordcr ~Tsupc~scssion of the Howrah Municipal Corporarion bas becn madc undcr the Howrah Municipal Corporalion wC51 U t n .

Act, 1980, and is in force, i t shall br: compctcnl for [he Slate Government

of 1980.

lo nominarc in place of the Mayor a person having spccial knowledge or

cxpericncc in Municipal adminis~ration. '4A. [(Corrsritrrtio)~ 01 r l ~ e Bourd u11 nppoinntret~r of Exccrrtiuc Oficer for Holvrah M~rr~icipality srrder sccrio~l 67A of the Bellgal Mrrtricipal Acr, 1932,+0nrirred by s. 5 of rlrc Ho~vrall Ittr~~ro~~et~rerlr (ilrrre~rd~~rei~r) Act, 1983 1 Wesr ,3e11. Act XLIII of 1983J.l

5. (1) A pcrson shall be disqualified for bcing appointed

'" * * * a Truslee if he- .

(a) hns been convicted and sentenced by my Court for an oifence punishable with in~prisonrnent for a period of not lcss than

six monhs; or

(b) is an undischarged insolvcnl; or

(d) has, dircclly or indirecrly. by himself, or by any panncr,

clnploycr or crnployec, any share or interest in any conlracl or elnployrncnt wih , by, or on behalF of, [he Board; or

(e) is a director, or a sccrcrary, manager or other salaried olficer, of any jncorporatcd company which has any share orinleresl

in any conmct or crnploy mcnt wilh, by, or on behalf of, thc Board.

(2) But a person shall not bc disqualified as aforesaid or be deemed to I~avc any share or in~eresl i n such contract ar employment as aforesaid, by rcason only of his having a sllruc or intcrest in-

(i) any sale, purchase, leasc, or cxchangc of land, or any

agrcemcnt for the same; or

(ii) any agrccmenl Tor lhc loan of money, or any sccurity Tor Ihc paymen[ of moncy only; or

( i i i ) any newspaper in which nny advertiscrnenr rehung la h e

afrairs of the Board is inscrled; or

'Scction J h \ v s inscncd by s, 2 or the How& lnipmrcmcnt (Arncndmrnt) Act. 1969 (\Vest Bcn. Acl XVlI or 1969).

-The ix40rds "'orclec~cJ"~vrrt omincd by s. 5 of h c Howmh Improvcmcnr (Amendmcn~) h e IIO(I5 IIV,.rr R r n A r l \'\rnr 100<\

Tlie Ho 1uru11 Inrpmvetnenr Acr, 1956. XIV of 1956.1

(Ci~upfer /I.-The Board of Tr~rslee~~.-Secr~u~ls 6-9.)

(iv) the occasional salc lo he Board, to a valuc nor exceeding two thousand rupces in any onc financial yeear, of any article in which hc rradcs;

or by reason only of his having a sharc or inlcrcsr, olllerwise lhan as director, or sccrctay, manager or o~hcr salaricd oliicer, in any incorporated company which has any share or in~erest in any conlracl or employment wi(h, by, or on bchall or, thc Board.

(3) Thc S ta!c Govcrnnlcnt may, if it lhinks fil, remove by an order the disqualificntion mcntioned in clause (a) of sub-seclion ( 1 ) and shall do so if, i n I I IC opinion of !he Srate Government, the offence does not involve moral ~urpi~ude.

6. ( I ) The Slate Govcrnmcnl shall appoint, by nolification, Appinlriwnt

[[Mayor] ro be the Chairman or Ihc Board. or C h i m ?* s * * * * * * ofthc Board.

7. .'(I) The Chairman shall reccivc such monthIy "[honorarium or Rrrnulicn-

allowance] as may bc fixcd by rhc Srarc Govcrnmc~~l. lion or C h i m n .

8. Nothing in section 6 shalI be deemed lo prevent the Stale Tcrnpor;lry Government from appoinring a salaried officcr lo bc thc Chairman of ~~~~~~ the Board i n addition 10 his own duties as a remporary measure, in^ol^liccra which casc such Chairman shall rcccive in addition lo his pay such fkL':&,

allowanccs as rhc Statc Govcrnrncnr may fix bul shall no1 be entitled to receive he b[honorarium or allowance] mcnuoncd in scc~ion 7.

9. (1) I l e Slate Government may, afier consultation w i h the Board, h a v e of

gram lcvve of absence to [he Chairman, or depute him to other dudes. ~$~~~~ for such pcriod as i t thinks lit. o f lllc

C h m m .

'The word within h e s q u n bnclrcls wassubs~i~urcd Tor h c words "apfrson" by s. 6(a)oT thr:Hoivr;rh ln~provc~~ient (Amend~wnl) Act, 1995 (Wat Bcn. Act XV 01 1995). 'Sub-section (2 ) was o~niltcd by s, 6(b), ;bid.

Sub-sec~ion (1) wm substitu~cd for thc original subs-scction by s. 6 or rhc How& Irnprovcmcnt (Ar~icndrnent)Act, 1983 (\Vest Ben. Act f i l l 1 of 1983). 'Thcwords wihin thcsquarcbnckc& wcrcsubslituled iorthe word "Salxy" by s.7(a) of thc How& Ir~~pwvement (Amendmcn1)Acr. 1995 (JVCSI Ben, Act XV o f 1995). 'Sub-scctions (2). (3) m d (4) rvcrc ornincd by s. 7(b) , ibirl. Thc w o k within h e square bnckcrs wcrc subsliiuicd lor the words "Saluy nnd nllnwnnrr~" hv s R ihid

Appnilil- mcnr, trc. of ac~ilig. Chairman. Rt~uclvalof Chairman or Trusrm,

Tlre Hoalrall l r~rprove~~re~~r Act, 1956. [West Ben. Act

(Cliapter !I.-The Board of Trrrsrees.-Sectioas 10-12.)

(2) Tl~e allowancc ( i i any) lo be paid to the Chairman while absent on leave or dcpu~arion shall bc such amount, not exceeding his '[honorarium or allowancc under subseclion ( I ) of secrion 7,] as may be

fixed by thc Stale Governmenr:

Providcd ha[, if the Chairman is a servanr of the Statc Govcmmcnt, the amounl or such allowance shall be such ns he may bc cnutled lo

under thc conditions of his service under the Govcrnmcnt rclaling to rransrer lo iorcign scrvicc.

10. ( 1 ) When [he Chainnan is granted lcavc o i abscncc or deputed lo olhcr dutics or when the post of Chairman falls vacanr by reason of his death, resignadon or rcmoval or otl~crwise, the Stale Government ,may appoinr n person to act as Chairman for such period as it thinks fit .

- (2) The salary and house-rent and conveyance allowance (if any) of any pcrson appoinled to act as Chairman shall be fixed by thc Sralc Govcrnmcn~ '* * * * *.

(3) Any person appointed to act as Chairman shall cxcrcisc [he

powers and perform h e dutics confcrrcd and irnposcd by and under dus

Acr on tbc Chairman, and shall be-subjecr ro [he same liabjliries, restrictions and conditions as h c Chairman.

11. Thc Board may permit any Truslee, olher than [he Chairman

'* * * * *, ro absent himself from meetings or h e Board for any pcriod not exceeding six months.

12. (1) If a[ any time it appears to the State Govcrnmcnt h a t he Chairman has becn guilty of any misconducl or neglec~ in h e discharge of his dutics or has shown himself to be ohenvise unsuitable for the office. which renders his rcmova1 cxpedicnl, it may, after giving him an opportunity of showing cause against the proposed aclion, declarc, by notilicalion, that he shall cease to hold officc a thc Chairman.

(2) The Slate Govcrnmcnr may, by notification, declarc ha1 any Truslce shall cease 10 bc a Trusrcc jf-

(a) hc has actcd in conuavenuon of secuon 20, or

(b) he has been absent from, or is unable 10 auend, h e meetings of the Board for any period exceeding s i x consecutive

months, or

'Thc words, ligum and bnckru within thesquur: bnckcuwercsubsriruted forlheword ' s d a ~ ~ " by s. 9 o l h c H o ~ d Irnprovcnicni (Amcndmcnr) ACL 1995 (Wat Bcn. Aci XV of

199.5).

'The words and figure "subjcct ~othcpron'sions of xclion 7" wereomitlcd by 5.10, ibirl,

'ThewTdS"Qrhc Chimanof hc Bdly Municipdity" wcrc first inscncd by s.7 olrhe Huwnh Improvement (Ameodmmt) Act, 1983 (West Ben. Acl XLIIl of 1983). ThereaRer, lhc wonk "or thc Chairman o f thc Hownh Municipality or the C h h m of the Bally Municiplity" were omitted by s. 11 of h e Hownh Improvement ( h n d m e n t ) Act 1995

(West Bcn. Act X V or 1995).

The Holvroh It~lpm~renlerrt Acr, 1956. XIV of 1956.1

(Cltap~er I!.-The Board of Tnrsrees.-Sectio~rs 13, 14.)

(c) hc has, without the permission of the Board, been absent from the meetings of the Board for any period exceeding h e e conseculivr months, or

(d) he is a salaried scrvant of he Governmenr, and if his continuance in oCIice as a Trusree is in the opinion or !he S~a!e Governmen1 undesirable, or

(e) in the opinion of the Slate Governmcnr hc has become incapable of acting as a Tmstee or has so abuscd his position as a Trustee u to rendcr his caniinuance as such derrimcntal to the public i n ~ e r c s t :

Provided that when the Starc Government proposes to take action under this sub-scction. an opportunily of showing causc ngains~ the proposcd aclion shall be given to the Truslcc conccrncd, and when such acrion is rnkcn, h e reasons therefor shall bc placcd on record.

(3) T h c Statc Government shall, by no~ificalion. dcclarc !ha! a liusree shall cease to bc a Truslcc-

(i) if hc incurs any of rhe disqualifications n~entioncd in sccrion 5 aftcr his appoinlment or election, as the cast may bc, as a Trusree; or

I* * * * *

13. If any Trusrcc bc pcrmiltcd by h^e Board to absent himsclf from Filling of a u a l rneedngs of [lie Board for any period cxcecding thrcc months or if any ,,~

Trustee, I* * * * * * *, dies, or resigns thc i n c c n i n oiiicc oiTrustcc, or ccoscs lo hold Ihc office of Truslee in pursuance of a ^M. nolification published undcr scction 12, the vacancy shall be filled by a fresh appojntmen~ or election, m thc case may be, under secdon 4.

314. The term of office of [he Trustees, olher [han [he Chairman, Terrnol shall be hree years. ⁰^l^lⁱ^~⁰^r Trustrxs.

'Clausc (ii) was omiltcd by s.12 of thc Hawmh Impmvcmen~ (Arnendrncn~) Acr. 1995 (Wrt Ben. Act XV 01 1995).

T h c words "or of h c Bdly Municipality" wcnr rust inrf icd by s. 9 of h e Howmh Improvement (Amendmenl)Act. I983 (Wcrt Ben. Act XLIII 01 1983). Themher, the word<

"orher Ihm rhc Chairman of ~ h c How& Municipality or of lhc B a y Municif lw' were orniucdby s. 13 olrhe Hownh Impmvrnlenl (&txndmznOAa, 1995 (West Ben-Act XVof

1995).

'Section 14 was subsliiutcd for originid sccrion by s.14, Bid. Prior 10 this substitution, there occumd following chmgci in origknl seelion 14, n m l y : -

(i) rhc words ' b r I h e C h i m . Bdly Municipnlily" wcrcinserled by s. Iqe) ollhe H o w d ~ Improvcmcnt (A~ncndmcni) Aci. 1983 (Wcsl Ben. Act XLllI or 1963), rrnd

(ii) rhc rvods, bndrels and Icners "chux (c) or c l a w (I) or c l a w (g)" w u t silkrimred for~he rvords. hnckels nnd Ieuers "clauscIc) orclni~se (dY bv s. lab). ;hid,

Tlre Hou,rulr Itrrprovetrre~~r Act, 1956. I\Vwt Ben. Act

(Clruprer It. -Tlte Bond of Tr~rsfees.-Secrio~ls 15, 16.) Colldrrcr of bvsilzess.

h l c ~ i i n g 15. The Board shall mecr, and shall, from lime to time, make such of board. arrangcmenls wid1 rrspcct to t l ~ c place, day, hour, nolice, managemen1 and adjournment of their meeting, as they may ~hink f i t , subject lo thc following provisions, nan1cly:-

(a) an ordinary mccling shall be hcld once at Icast in cvcry

tnon!h;

(b) die Chairman may, whenever he lhinks fit, and shall upon thc wril[.cn rcqucst of not lcss than lwo othcr Trustccs, call a special rnccting;

(e) ~hechni r rnan shall ar~cnd cvcry meering of [he Board unlcss absent on Icavc or prcventcd by sickncss or olhcr reasonable

causc; '(d) onc-half of thc cxisting numbcr of the Trustccs shall makc

n quorum for transac~ion of busincss at any mccling:

Providcd tlkni no quorum shall bc ncccssary for an adjourned meeijng;

(e) every meeting shall be presided ovcr by rhc Chairman and in his absence by a Trustee chosen by h e memhrs presenl to preside over thc meeting;

(Ij all quesrions shall be decided by a majority of votes of rhe

Trustccs prcscnr, rhc person presiding having a sccond or casling vore in all cases of equalily of vorcs;

(g) if a poll be demanded, the names of the Truslccs voring, and [he nature of their votes, shall be rccordcd by thc pcrson

presiding;

(h) minutes of !he proceedings of each meeting (together with the names of the Trustees prcsent) shall bc rccordcd and such rnjnures shall be read and signcd ar the ncxl mccring

by rhc pcrson presiding at such meeling and shall be open

Lo inspeclion by any Trustcc during office hours. 'Trn~ponry 16. (1) The Board may associate with themselves, in such manner

aqEM.i3'i0n and for such period as may bc prescribed by rules made under section of~twnlkrs w i ~ h IIIC 149, any person or pcrsons whose assistance or advice [hey may desire

lor in carrying our any of h e provisions of his Act. p.uricular

purposcf, (2) A person associated wirh thcmsclvcs by the Board under sub- scclion ( 1 ) [or any purpose shall have n righr lo takc part in the discussions or lhc Board relative to [hat purpose, but shall not havc a right to vote at a rneeling of Ihc Board, and shalI not be a membcr of rhc Board for any

other purpose.

'Clausc (d) was substirutcd Tor thc original by s. I I of the Howmh Improvcrnent (Amendmcn~)Ac~, 1983 (West Ben. ACI XLIIIof 1983).

Trustees and mocia~cd ~ucnlkrsof Uomd or any Corn~ililtw 1101 lo rakc

p m in

pronrdinp

inwhich they yu pcnonally inlrwncd. The Ho~vrali I~~rprovenzet~r Ac . 1956. [West Ben. Act

(Cl~nprer !I.-Tire Bonrd of Tnrsrees.-Secriotrs 19, 20.)

19. Subject to rhe rules made under section 145 in this behalf, every Trusree (other than the Chairman) and every person associated wilh h e

Board under secuon 16 shall bc enli~led to receive a fee of '[Gr~y rupees], and cvcry mcrnbcr of a Conimiltee a fee of ?[twcncy-fivc rupees], for attending a rnceting of rhc Board or a Comrniucc at which busincss is rransacted:

Providcd (hat a pcrson who is a salaried scrvant of rhe Stntr: or [he Ccntral Goi~cmmcnt shall not bc cnurled lo rcccivc any fcc as arorcsaid.

(a) has, directly or indireclly, by himscli or by any parrner,

e~nployer or employee, any such share or intercst as is described in sub-seclion (2) of secdon 5, in respect of any mailer, or

(6) has acted professionally, in rclarion to any matlcr, on behalf of any person having [herein any such sharc or inrcrest as

aforesaid, shall not vote or take any olhcr part i n any proceeding of lhe Board or

any Comrniltcc rclating to such maucr.

(2) IT any Trusrcc, or any pcrson associated wirh the B o d under section 16, or any oher member of a Conlmiitec appoinlcd undcr h i s

Act, has, direc~ly or indireclly, any beneficial intcresr in any land situalcd in an arca comprised in any improvement scheme framed under this Act, or in an area in which it is proposed LO acquire land for any of the purposes o r [his Act,-

(i) he shall, before taking par1 in any proceeding at a meeting of the Board or any Comrniuee relaung to such area, inform the person presiding at h e meeting of h e nature of such

inrercst,

(ii) hc shall not vole at any meeting of the Board or any Commit~ee upon any rcsoIution or question relating to such

land, and

(iii) he shall no1 take any olher parr in any procccding at a meeting of the Board or any Committee rclating ro such

area if the person presiding ar the meering considers it incxpedient [hat he should do so.

'Tk words wilhinthesquare bmckels weresubsti~uted for the words "twenty rupees" by s, 13[1), d h e How& Improvcrncn~ (A~ncnd~nent) Act, 1983 C\Vest Ben. Act XLIII or

1983).

'The words wi~hin ~ h c square bmkels wcre subsrirutcd lor rhc words 'tcn rupecs" by s. 1312). ibid.

The H o ~ ~ ~ r u t ~ Itt~provcn~etll Act. 1956. '20A. The Board may, on behalf of any pcrson or the Siale

", Govcrnmcnt, cxccutc any work or rcnder any service, not being a work or scrvicc which is inconsisrcnt wilh ~ h c provisions of [his Act, in any arca lo which this Act applies on such lcms and conditions as may bc agrccd upan belwecn rhc Board and such pcrson or the SWc Govcmment, as the case may be:

Provided [hat whcn any work is cxcculcd or any service is rendered on behalf of any person, no such work shall bc cxccutcd or senGccs rzndcrrd cxcepl wilh [he previous sanclion of the S I ~ L C Govcmmenr. Fbwcrof

hoard to executc ccmin works or 10 rrndcr certain services.

21. Thc Board may pcrform all such work and enter into and perform Powcr to

a11 such canlracls as h c y may consider necessary or cxpulicn~ f ~ r carrying out any of [he purposes of [his Act. contracts.

22. (1) Evcry such con tract shall be made on behalf of [he Board by Exxu~ion of the Chairman: conuacts md anproval

Provided ~liat- orestikes.

(a) a contract involving an expendi~ure excecding ? [ f i r ~ y

rhousand rupees] shall not be made by he Chairman wilhoul ~ h c previ~us anc~ion of rhe Board; and

(b) a contract involving an cxpcndilurc cxcccding -'[~wen~y-five Iahs of rupees] shall not bc rnadc by the Chairman wilhout the previous sanction of the Board and or ~ h c State Govcrnmcnt.

(2) Evcry cstimate for the expendilute of any sum for carrying out any of [he purposcs of his Act shall be subject to the approval of h e authoriry who is cmpowered by sub-secdon (1) lo make or sanclion [ha making of a conkact involving the expenditure of a like sum.

(3) Sub-scciions (I) nnd (2) shall apply lo every variarian or ahandonmen( of a conmcL or csirnatc, as we1 I as to an original conlract

or cslima~c.

23. ( I ) Every conmcl rnadc by thc Chairman on behalf of the Board Funk?

provlsrom shall bc cntcred inlo in such manner and form as would bind h e Chairman a roerecu-

ir such contract were made on his own behalf, except that h e common ::;Lk

seal of h e Board shall be uscd (where necessary); and cvcry such conrnct ~ , j may in the like manner and form be varied or discharged. 'Section 20A w u inscried by s. 3 of Bc Wcst Bengal Impmvcmenl Laws (Amcndmnk) AcI, 1972 (Wesl Bcn. Act VIII o f 1971).

Tl~lw:aonls \vivilhin Ihcsqu~br;icl;cawcrcsubslir~~od I rhcrhevords'k huxtndrups''

by s. 141) oirhc Hownh Improvcmeot (Amendrncnr) Act. 1983 West Bcn. Acl XLIll 01

1983).

'Thc work within by s. l4(2), ibirl. wresubsriturcd l o r h words "one lakhof rupees"

Tlre Ho~vralr I~~~prnvetaent Act, 1956. [West Den. Act

(Clrup~cr /I.-The Boonl of Tnrsrees.-Sccriotr 23.)

(2) Every conlracl lor thc cxecu!ion of any work or the supply of any

rr,

marerials or goods which will involve an expenditure exceeding '[five

rhousand rupees] shall bc in wiring, and shall bc sealed.

(3) The common scal of the Board shall remain in the custody 01 [he Secrerary ro the Board, and shall nor hc ~Ff ixcd !o any conrracL or other instrumcnt cxccp~ in rhe presence or a Trusrcc {othcr than rllc Chairnun),

who shall arlach his signature to the contracl or insrrumcnr in rokcn [hat

rhe samc was scaled in his presence.

(4) The signalurc of thc said Trustee sl~al l be in addition 10 thc signature of any wilncss to ~ h c execution of such contracl or instrument.

(5) A contncl not cxccutcd ns providrd in this section shall not bc

binding on thc Board.

24. ( 1 ) The Board may dclcrminc cilhcr gcncrally for any class of cases or specially for any parricular case wherher a work should bc execu~ed by cunlract or o~hcrwisc.

(2) When i t is decidcd t o cxccutc a work by contract or purchnse any

malerials ar goods and thc cxpcnditure involved in such execution or

purchasc i s csrimilrcd to cxcced ?[five thousand rupees] [he Ch7' , imlnn

shall, at lcasl scvcn days bcfore entering inlo such conlracl or making such purchase give nolice by advenisement in thc local ncwspapcrs

i n v i ~ n g tenders Cor the samc:

Provided [ha[ the Board may, at the instancc or thc Chainnan and

with the sanction of rhc Statc Govcmmcnt, for rcasons to bc rccorded in the proceedings, authorise thc Chairman LO cnlcr inro a conlract without invi~ing tcndcrs:

Provided further that every contracr madc by lhc Chairman involving

an expendilurc cxuccding ?[Lhy rhousand rupccs) shall .bc reporled by thc Chainnan lo the Board wid~in fillern days aCter i t is made.

(3) In cvcry cast involving an cxpendi~urc xcccding J[lilty ~housand rupcesj in which lcndcrs arc invitcd, thc Chairman shall place before

thc Board the specifica~ions, condi[ions and cslimatcs and all thc rcndcrs rcceivcd, specirying rhc pnrricul,~ tcndcr (if any which hc proposes to accept.

"hc\vords within tksqum bnckurs wcnrsubs~itu~ed for h c +vords "onc thousandrupccs" by s. I S oliheklounh Impmrcmcn~(Amndmnr)AcI. 1983 (Wcs~ Bcn. Acr XLlIlor 1983). T h c tbur t l r r v i l h i n r h c q m bnckcrs wrresuhiruted for Ihc words "one thouxu~d rup~," by s. I6 (a){i), ibid.

'Thcwards within thc squm bncketsuoere subsrituled Iorrhc rvords "onelhousmd rum

and nor cxcccding thrcc thousand rup~.c%" hy s. 16 (a)(ii), ;bid.

'Thc wonk ~ v i t h i n h c q ~ bmkcls wcrcsubsri~utcd lor rhc~vods'lhrcc thousand r u p "

hy s. 16(b), ;hid.

Tlie Howraft I~np~vve~~lsel t t Act, 1956. (Cllnp~er IL-Tile Board of Trrurees.-Sectio~is 25-27.)

(4) In every case in which h c acccplance or a icndcr would involvc

' an expenditurc cxcccding '[twenty-fivc lakhs of rupccs] and rhc Board propose to acccpl a rcndcr which is not rhe lowcsl lcndcr reccivcd, rhcy

shall submit to [he Srarc Governrncnl h e specificalions, conditions and eslirnates and all rhc tcndcrs rcccivcd, spccifying rhc pnlicular render

which they proposc ro ncccpi w i h rhc reasons for such proposal.

(5) Nci~hcr the Board nor [he S ~ a t c Government shall bc bound to sanction thc ncccptancc of any rendcr which has becn made; b u ~ [he Board, or rhc Srale Govcrnmcn[, as [he case may be, may sanclion the ncceplancc of any of such lenders which appears to them, upon a view of all the circumsrances, to be the most advantageous, or may direcl [he

rejection of all [he lcndcrs submitted lo ~lwm.

25. The Chairman shall take suff ic ien~ s e c u r i ~ y for the due kcurityfor

pcdomancc of cvcry conlracl involving an expendilure exceeding '[five $:~EF

thousand rupccs].

26. ( 1 ) Thc Chairman shall forward to rile Slale Government a copy Supply of or thc rninurcs of h c proceedings of each rnecting of the Board, wilhin ^&^~^m^l^l^l^s ten days rroni the dale on which the minutes of the proceedings of such inlomdon

meeting were signed as prescribed in clausz (h) of scc~ion 15. to the S1w

Goirm~ucnt. i

(2) If rhc Srarc Govcrnmcnl so dirccls in nny casc, rhc Chainnan

shall forward ro il a copy of all papers which were laid before [he Board

for consideration at any meeting.

(3) Thc Slate Govcm~nenl may require [be Chainnnn lo rurnish il

with-

(a) any rcturn, statcmcnt, c s ~ i m a l c , slalistics or other infomalion regarding any maucr undcr rhc conlrol of rhc

. .

Board, or . .

(b) a rcporl on any such matter, or

27. The Board shall rrom lime ro lime preparc and maintain a^S^t^t^w^~ⁿ^cⁿ^~^o^f srntcment sl~owing- drrngl h mJ rclnuncn-

(a) thc number, designations and gndes of the officers and tionofsraff.

scrvams (othcr lhan cmployces who .ue paid by lhe day or whose pay is chargcd lo temporary work) whom they considcr it necessary and proper to employ for [he purposes of this Acr,

ITIic words within thcsyumbnckcts~vsrr:subsriru~rd forthe ~voR[S''onc I& olrupms" by s. 16(c) of thc Hownh l~nprovzriirnl (Amendmenl) Acr. 19S3 (IVrsr Ben. Act XLIll or 1983)-

-7hc words wirhin ksquan: b n c k c ~ wcnr subslitutcd Tor dm words "onc rhousand rupccs" by 5 , 17, ;I);(/.

T / I ~ Honralr Intprovel~~nrr Acr, 1956. [West Ben. Act

(Clraprer 11.-The Board of Trrrslees.-Secriorrs 28, 29.)

(b) thc amount and nalure of hc saIary, lccs and allowances lo be paid io cach oificcr and servant, and

(c) he contributions payablc undcr sccrion 155 in respect of cach such officer and servanr.

28. Thc Board shall from time 10 drnc makc rulcs-

(a) fixing the amount and nalure of [he security 10 be furnished

by any officer or scrvant of the Board from whom it may bc dccmcd expedient ro require sccuri~y;

(b) For regulating the grant orlcnvc of nbscnce, leave allowances

and acling aIlowanccs lo the oficers and servanrs of rhc Board ;

(c) for csrablishing and maintaining a provident or annui ty fund,

Tor compelling all or any or h e orficers or servants of [he Board (olhcr lhan any servanr of ~ h c Govcmment in respect

of whom a conrriburion is paid under seclion 155) to conlribute ro sucll fund, a[ such rates and subjeci to such condirjons as may be prescribed by such rules and for

supplementing such conmibutions out of the funds of the Board;

(d) for regulating compassionate allowance and gra~uitics to

oficcrs and servanls of the Board and imilies of deceased officers and servanrs;

(e) prescribing rhc qualifica~ions for employmcnr ns ofliccrs and scrvanrs undcr h e Board; and

(0 for regulating [he conduct of officers and servanrs of rhe Board :

Provided thar a scrvanl of the Government employcd as

an oficer or servant of the Board shall no1 be entitled to leave or leave allowances otherwise ihnn as may be

prcscribcd by the condilions of his service under the Govcrnmenl relaung to transfcr to foreign service. po\vcrs of

appolnltmnr, 29. ! ( I ) Subject to any direcclions contained in any slatemcnt

ctc,.in prcparcd under section 27 and any rules made undcr scction 28 and for

whom ~ h c time being in force, the powcr of appoinling, promaling and gran~ing vcncd. lcave to officers and servants oirhe Board, and rcducing them in rank or

suspending or dismissing them from scrvice for rnisconducl, and dispensing with their services for any reason other than mjsconduct, shall bc vcsted-

(a) in the case of officers and servank whosc monthly saIary

docs not exceed =[seven hundred and fifty rupccsl-in Ihe Chairman, and

'Seaion 19 was rcnumkrd as sub-seaion ( I ) of rhat section by s. 18 of lhc Hownh Irnpmvcnwnt (Amcndment) Act. 1983 (Wcst Bin. A a X l l l I 01 1983). The words within hc q u a bnckciii wcm subniiuted l o r h hevords 'two hundrcd r u p "

by s. 18(l )(a). ibid.

(Cl~dprer 11.-Tile Board o t Trrrsrees.-Sectior~s 30, 31 .)

(b) in orher cases-in [he Board:

Provided 1ha1 any officer or servnnl i n receipt of a monhly

sali~ry exceeding '[five hundrcd rupees] who is rcduced in

rank, suspended or dismissed from service by thc Chairman

may appcal ro [he Board, whosc decision [hereon shall bc final:

'Provided rurllicr that [he Chairmnn or the Board, as the case may bc. may, with the previous sanction of the Slate

Govcrnmcnt, place an oficcr or scrvanl under suspnsion

whcrc a discipIinary procceding or a departmental e n q u j l against thc ofFicer or the servant is contemplated or is pending or whcre a case a g i n n such officer or servant i n

rcspcct of any criminal offencc is undcr invesiiga~on. -'(2) Notwithstanding any thing conlaincd in sub-section ( I ) , ~ h c Slale

Govcrnmcnt sl~al l bavc powcr to appoint any person who is or has been

i n thc service of [he Starc Govcrnmenl 10 any post of thc Board carrying a monthly salary exceeding onc thousand and five hundrcd rupees:

Provjdcd 1hu1 rhc person so appoinlcd shnll be under the adminisr~tive

control of [he Chairman.

30. (a) All slalcmcnls prcpared under seclion 27;so far as thcy rclalc

ro officcrs carrying a salary oT more than '[one lhousand and five hundred

rupccs] pcr mensem,

(b) all rules made undcr ~IPUSC (b), cIause (c), clausc (d), clause

(e), or clause (1) of scc~ion 28, and

(c) all orders pssed by !he Board 5[under sub-seclion ( 1 ) of sccrion 291, and relating lo any olficcr appoinled to hold an nfice carrying a salary of more rhan '[one thousand and

livc hundred rupccs] per mansem, exccpl ordcrs granling

Icave to '* * * * * *, any such orfiucr, shall be subjccl to the previous sanction of the Starc Governn~ent.

31. Thc Chairnlan shall cxercise supervision and control over [he Control by acrs and proceedings of all oficcrs and servanls of rhc Board; and, subject Chairnu".

l o thc foregoing sections, shall dispose of all queslions relating ro ~ h c service of the said officcrs and servanls, and lhcir pay, privileges and allowances.

'Thc words wilhin t k s q u m bnckc~s uc~subniruwd for rhcwonls "one h u n d d r u ~ c s ' ' by s. 18(1 )(b)orthc How& hpmvcmcnr [Amndmrnr)Act, 1983 (Wcst Ben.Ac1 XLlll of

1983).

'The proviso \vim addcd by s. 181 I)[c), ibid. 'Sub-section (2) wns inscncd by s. 18(2). ibid.

'Thc words wirhin Ihcsqum bncktts\~m:subsliruld Tor iheaonl5 "oncrhous;md wpm'' by S. 19(l). ibid.

'Thc words and figure< within rhc squm bnclic~s wcrc subs~irured far thc wards and

figures "undcrscclion 19 by s. 19(?)(a), ibill. T h c words s i ~ h ~ n tte squuc b m l i c i ~ were subs~irutcd for IIX words "onc drownd r u w by s: 19(7,)lb), ibtd.

'Thc ihmnnl~-'. o r ~ u ~ o c n d i n ~ "\vcm.nrni~rrrl hv E 1417llrl ilrid

The Honrmlr I~l~prnver~~errl Ac , 1956. west Den. Act

hlcfarion

oi c h a i n

p N - t f i ,

dulics and

funclions oi

Chair~rlan.

(Ciinprer !I.-T/I e Board of Trr rs~ees.-Secrio~l 32.-Clzaprer Ill.- I~llpt-overt~er~t Sci~etrres.-Secriotr 33.)

32. (1) The Chairman may, by gcncral or special order i n writing, dclcgate ro l[lhe Chief Exccu~ive Officcr] any of lhc Chairman's powcrs,

duries or funclions under this Act or any rule made hcrcundcr, cxccp~

thosc conferred or imposcd upon or vestcd in him by scctions 15, 18,26, 117, 121, 125, 127 and 161:

Provided as follows:-

(a) the Chairman shall no1 delegatc his powcr undcr scclion 22 lo make on bclialf of [he Board any conlracL involving an

cxpcnditurc cxcccding ?[five lhousand rupees];

?* , * * * * * * *

(2) Thc cxercisc or discharge by J[the Chief Executive OFFicer] of

any powers, dudes or iunclions dcIega!cd to him undcr sub-scction ( 1 ) shall be subjec~ lo such condilions and limitations (if any) as may bc prescribed in rhe said order, and also lo conrrol and rev-ision by [he

Chairnun. Improvement Schema;

33. ⁽¹⁾ Tllc Board shall, as soon as Inay bc arter the coming inlo force of this Act, frame a sewage dhposal schcmc for Howrah and

undcrrake all works and incur all expendirure necessary for carrying it into cffccl; and may from lime to time extend and add to [he size of lhe

schemc.

(2) The Board may, subjccl lo the provisions of [his Act, undenake any work and incur any cxpcnditure for the improvement and development of !he arca to which lhis Acl applics by framing and executing an improven~enl scheme of onc of thc following lypcs or a combination or any ~ w o OF more of such lypes or of any special icaturcs rhcrcof, as may

be ncccssary from time to time, namely:-

(a) a gcncral improvcmcnl scheme;

(b) a slreel schernc;

(d) a re-housing schemc; and

(e) a housing accommodation schcmc.

'Thc words within h e square bnckets were substirured for the words "my oOiccr of h c

Board" by s. 15(a) of thc How& Irnpmvcmcn~ (Amendmcnt)Acr. 1995 (iVesr Ben. Act XV or 1995).

-%words within h c squat bracke~weresubnitutcd f o r k iords "oncrhoumdrupes" by s. 2C4 I) or lhc How& Irnpmremcnr (Amndmenr) Acl, 1983 (Wcsl Bcn. Act XLIll or

1983).

'Clauscs (a) and (b) were omiited by s. 20(1), ibid. 'Thc words within the square bncke~s xvcrc subsrirutcd Tor lhc words "any olticcf' by F I Tlhl nTrh+ Wnwnh Vrnnmvrrn~nr ( A i n ~ n r l n i r n ~ l A r f 1995 (WPCI F1~n Arr Y\J nr l ( l I ) C \

Tile Holvrulr l t ~ ~ p r o v e ~ ~ r e ~ t r Act, 1956.

XIY or 1956.1 (Cl~up~n- I ~ I . - I ~ ~ ~ ~ ~ r ~ o ~ e i i z e n r Jclre~~~es.-Scctio~rs 34, 35.)

34. Whcn framing an improvemen1 scheme undcr section 33 in respccl of any area rcgard shall be had 10-

(a) thu nalurc ~ n d ihe condirions of nejghbouring arcas and of Howrah as a wholc;

(b) the several direclions in which the expansion of Howrah appcars likcly lo takc place; and

(c) the likchood of impravcment schcrnes being requircd for

orhcr pads or Howrah.

35. ( 1 ) An improvemcnt schcmc nlentioncd i n scction 33 may providc for all or any of the following mallcrs, namely-

(i) lhc acquisition by ~ h c Board of any land or orher properly in

rhc area comprised in [he schcrne or rcquired tor or affectcd by the excculion of the schcme;

(ii) llie laying out or rclayjng out o l the land comprised in lhe scheme;

(iii) the demolition, alleration or reconslruction ai buildings or

pnrlions of buildings situated on ~ h c land which i r is proposed lo acquire in the said area;

(iv) [he conslruction of any building which ~ h c Board may consider neccssary ro erect for carrying out any of [lie purposes or h s Act;

(v) [he laying ou t. cons!ruction or alteration of streers (including bridges, causeways and culvcrls, if rcquired), and thc

Icvelling, paving, mclalling, flagging and channelling of such srrcets and ~ h c planring of flowcr bushes or trees on h e sidcs of such srreers;

(vi) the scwering nnd draining of such succ~s and thc provision Ihcrein of wnlcr, lighting and othcr sanirary conveniences ordinarily provided in municipalities;

(vii) rhc raising, lowering or levelling of any land in !he arca comprised in the schernc;

(vii i) he provision of i~ccommodation for any'class of !he

inhabitants;

(ix) rhe provision of facililies for communication;

Mxicn ro k pmvied Tor in

impmvcmnl schcnrs.

(x) the Ibrmnhn and rctcnlion of open spaccs, gardens, parks,

playgrounds, lakcs, ctc., and Lhc provision rhcrein of afile~ic tracks. recreation buildings and olher necessary aids to field or aquatic spons, arboriculture and any olher object which lhe Board consider dcsimblc lo providc for enhancing the

bcaury of the arca or the enlcrrainment of the public;

Duly of Municipality to prevcnl

misu~r: or 1mrvCd

m2.5. Whcn gcncnl impmw-

lixnt

schrm may k Cnliicd. Auihority lorliiaking

.an oficial rcpmenla- lion for a gcneml

irnpmvemcn~ schelre. Tile Howmlr Irtrprovetne~rr Act, 1956. [West Ben. Act

(Cliupter Ill.-l~ripm~~emerr~ Scl1emes.-Secriorrs 36-38.)

(xi) controlling hc usc of land dcvclopcd by rhe Board by zoning or reserving areas exclusively for specilic purposes;

(xii) any other mattcrs consislenl with [he provisions of tllis Act

which rhc Board may rhink fit.

(2) In addition to any of the provisions mentioned in sub-secrion

(I) , the sewagc disposal schcmc mcnlioncd in sub-section ( I ) or seclion 33 may provide for the constnrcrion of outhll works, pumping planls and scwngc trcalmcnt and disposal works togclhcr with ~ h c onstruction of such scwcrs and outfall channcls as may bc ncccssary for bringing he

scwagc into the pumping plants and discharging the effluents.

36. When arcas are cxclusivcl y rcscrved for spcci fic purposes under clause (xi) of sub-seclion (1) of scclion 35 ir shall bc the duty of thc

Commissioncrs of the Municipaliry wirhin whose jurisdiction [he arca is situate ro prohibit and prevenl their use in violalion of such purposes.

37. Whcncvcr it appcxs to rhc Board, whether upon an official

rcpresen~ation made under sec~ion 38 or willlout such reprcsent;luon,-

(a) that any buildings in any area whish arc uscd as dwclling

plnccs arc u n f i ~ for human habitation, or

(b) {hat danger to the health of !he inhabilanrs of any arca or of a neighbouring area is caused by-

(i) rhc narrowness, closeness and bad arrangemen1 and

conditions of sueels or buildings or groups of buildings in such area, or

( i i ) the want of lighl, air, ventilation or propcr convcnienccs in such arca, or

(iii) any athcr sani~ary defects in this area, or

(c) that any arc3 is undeveloped or has been developed wirhour a satisfactory plan or design and h a t i r is ncccssary to develop or re-dcvclop i~ on a bctrcr plan after incorporating all or

somc of the improvemenls menrioned in sub-sccrion (1) of

section 35, the Board may pass a rzsolulion lo [he circct that a gencral improvement scheme as mcndoncd in sub-section (2) of section 33 oughl lo be framed in respect of such area and may hen procccd ro frame such a scheme.

38. (1) An official representation refemd ro in scction 37 may be

made by thc '[Councillors or rhc Howrah Municipal Corporalion or of

any Municipality of Hownhl-

(a) of their own molion; or

(b) on a wrirtcn comphint by the Health Officer of the

?[(Howrah Municipal Corporalion) or of thc Bally

Municipalily]; or

'The words "orolrhc Bdly Municipdily" acrc first inscncd by s. 1 l ( 1 ) of hc How& I~nprovcmnl (Amcndmnr)Act, 1983 (\iksr Bcn.Acl XLIII or 1983).7hzmr1cr. Ihr wo&

within the squarc bnckcts wrw substituted lor !he \YDIJS "Commissioncrs a t thlr Howmh hlunicipatily or or thr: Bully Municipality" by s. 16 (~){i) o t the Hownh lmprovrmenr (Amcndlncnt) Act, 1995 (West Ben. Act XY ol1995).

me words "or or thc Bdly Municipsliry" wcre lint inssncd by s. 21 ( 1) ofthc Haw& l~ilprovement (Amendmenl)Act, 1983 (It'cs~ Bcn. Act XLIII of 1983). Thtrralrtr, the words

within rhc firs1 bnckers wcn: subs~i~urrrl Tor ~hc words "Howmh Municiplity" by s. 16(a)(ii) of thc Hownh lnipmvcmcn~ (Afncndmznt)Act. 1945 (W-I Bcn. ACI X V of I9951.

Tlie Ho~vrak Ittrprovea~enr Act, 1 956. X W of 1956.1

(Cllnprer III . -b t rprove~~~e~~t Sclren~es--Sectiotr 39.)

(c) in rcspccl of any area comprised in a municipal ward,--on a writ~en complaint signed by ~wenty-Five or more residenls of such ward who arc liable lo pay either the owner's share or h e occupier's share of the consolidated rare leviable under

BCIL ACI 111 [he Calcutta Municipal Act, 1923, as cx~cndcd lo (he

or 1913. Howrah Municipalily [[or of the Bally Municipality.]

(2) If thc 2[(Councillors of thc Howah Municipal Corporalion or of any Municipalily of Howrah,) as the case nlay be,] decide not 10 make an official representabon on any complaint made to lhenl under clause (b) or clause (c), [hey shall cause a copy OF such complaint to be sent to thc Board, with a statement of thc rcasons for thcir decision.

39. ⁽¹⁾ The Board shall consider cvcry orficial rcprcscnlalion made^Col~idcn-

lion of under scclion 35 and, if salisfied as lo [he correctness hereof and to the oficid sufficiency of their resources, shall decide wherher a general improvemcn~ Fpresen1* uom. scheme lo carry such representarion into effect should be framed iorlhwith or not, and shall forthwith intimate their decision to the councillors of the Howrail Municipal Corporation or of any Municipality olHowrah,)

as the case may he].

(2) If lhe Board decide thar il is no1 necessay or expcdient lo irarne a genera1 improvement s c h e n ~ e for lhwi~h, they shall inform the 2[(Councillors of the Howrah Municipal Corporation or O F any Municipalily or Ilowrah,) as thc case may bc,] of the rc,?sons for thcir decision.

(3) If the Board fail, for a period of six months aher the receipt of

any oliicial reprcsenmtion made undcr section 38 to intimate hei r decision thcrcon to thc =[(Councillors of h e Howrah Municipal Corpora~ion or of any Municipality of Howrah,) as thc case may bc,] or if rhc Board jndmate to the =[(Councillors of [he Howrah Municipal Corporation or of any Municipaliry of Howrah,) as the case may be,] their decision hat it is not ncccssnry or cxpcdicnt to inmc a general improvement scheme iorthwith, Lhc '[(Councillors of thc Howrah Municipal Corporation or of any Municipality o r Howrah,) as thc casc may bc,] may, i^lthey think Lt,

rcfcr rhe rnarLer lo the State Governmenl.

'ThcwordswilhinIhcquan: bnckc~s~vcrc imnod by s. 2L(1) ortheHowmh lrnpmvenicnt (Allicndllicnr) Acr, I983 (\Yes[ Bcn.Ac~ XLlIl of 1983).

-%c words "orof tht B d y Municipality. asrkcnsemay bc," wcrc fin1 insencd in seclion 38(1). 39(1), 39(2) and 39(3) by ss. ?I(?). 22(~1).22(b) and22(c). ~sgeclirzly, olthe Howmh I ~ ~ l p r o v e ~ w n l (Amendmcn~)Ac[. I983 I\Vcsi Bcn. Aci XLIlI of 1983). nicrcalicr, ihc words within rhe first bnckrrs wsrc subs~iiulcd Tor h c words "Co~n~nissioncrs or ihc Hownh Municipaliiy or oirhr Bally Municipality" in [he domaid scciio~~s, by5s. t6(b), 17(a), 17(b)

and 17(c). rcspcct'ively. ofthe How& Irnprorrmnt (Amcndmcnl)Ac~, 1 WS (WESI Den. Aci xv or 1995).

Width 01 u r ~ y l s . The Ifovv-ah Itrrprovetne~ir Act, 1956. [West Ben. Act

(Clraprer //I.-l~rlp~wverrrerrr Sc1zerrres.-Sectio~~s 4042.)

(4) Thc Slatc Govcmmcnt shall consider every reference made lo il undcr sub-scclian (3), and

(a) i f it considers that the Board o u g h ~ , under al l the circun~stnnces, lo have passed a decision within thc pcriod mentioned in sub-secion (3), shall direcl [he Board to pass a dccision within such iurtlier period as it may think

rcasonablc, or

(b) if it considers [liar it is, urldcr all thc circurnstanccs, expedient [hat a schcmr: should forrhwirh bc framcd, shall dirccr thc

Board to proceed fodhwith lo Franle a schemc.

(5) Thc Board shall comply with every dircclion givcn by thc Slatc

Govcrnmcnt undcr sub-section (4).

40. Whenever lht Board are of opinion thar, for ~ h c purposc of-

(a) providing building-sites, or

(b) remedying dcfcctive vcn~ilation, or

(c) crenting new, or improving existing, mcans of communica-

lion and facilitics for ~mffic, or

(d) affording bctter facilitics for conservancy, i t is expedient lo lay our ncw s~rccls or [o altcr existing streels (including bridges, causeways and culvem), [he Board may pass a resolution to

thai effec~, and sllall hen procccd to frmmc a street scheme for such area as they [nay lhjnk f i ~ .

41. No srrcc~ l i d out or allcrcd by lhe Board shall be of less widlb ~han-

(a) fony feer, if [lie stee l be inrcndcd Tor carriage traffic, or

(b) rwcnly fccr, if h c succt be intended for foot traffic only:

Provided as follows:-

(i) the widrh nf an existing street necd no1 be incrcascd lo rhc minimum rcquired by [his section, if he Board

consider it ilnpraclicablc ro do so;

(ii) no~liing in this section shall bc dccmcd to prcvenr !he Board from laying out service passages for saniray

purposcs of any widrh less than twenty feet.

42. (1) Whcncvcr it appears to the Board that ihc condition of a

brrsree is i n s a n i l q or alrcndcd with risk oFdisease 10 the persons residing within [he area or in thc ncighbourhood of such busree by reason of h e manner in which huts and olher buildings are consmcred or crowdcd togclher or of wanl of drainage, sewerage or water-supply or of thc

impracticability of scavenging or from any othcr cause, rhey may depu~e

an officer or oficers 10 inspcc~ and carry oul survey of thc arca and ro submit a report

The Hoi~lrah Irrll~rvvenre~~t Acl, 1956. XIV of 1956.1

(Cllrrpler I I l . - f ~ ~ ~ p ~ . o r t l ~ ~ e r ~ f Sclret1zes.-Secliot~s 43, 44.)

(2) If the Board nre satisfied on rcccipl of such report or othcnvisc [ha[ the condilion of the brrstee is as mcn~ioncd in sub-section (I), [hey may pass n resolulion to that cfrcct and sllall then procccd 10 i -mc a schernc lor [he improvenient of such area.

(3) A schcmc prepared under sub-section (2) shall make provision for the pervious rc-housing of persons displaccd by the improvement of [he bratee and may, in addition to any o i ~ h c martcrs mentioned in scction

35. nlakc provision for all or any onc or more of [be following malrcrs,

namely,-

(a) he conslruction or srrects or passages within [ha area surficient in number and of sufficient width lo cnable [he proper scavenging of such arca and h e provision of IighBng of such slrcets and passages,

(b) the construclion of drains and sewers in such rnanncr as lo render the arca sanitary,

(c) [he filling up of tanks, wclls, dirches, drains or low lands and rhe construclion of ncw tanks or the re-excavation and improvcmcn[ of exisring tanks wi~hin thc m a ,

(d) the parlial or cnmpletc removal or denlolirion or any hut or buildings in the xea or [he a1 tention or rcconsrrucrion of any such hut or building, and

(e) public water-supply, common bathing arrangenients and public privics and urinals for the use of the inhabilants of

this area and ~ h c l ighting of such cornnlon bathing arrangemenrs. privics and urinals.

43. Thc Board may frame schemes ( in [his ACL callcd rc-housing schemes) for the construcrion, mainlcnancc and managcmenL of such and so many dwellings and shops and orhrr classes of accommodation as they may considcr ought 10 k provided for persons w h ~

(a) arc displaccd by thc execution of any improvement scheme snnclioncd under [his Act, or

(b) are likcly to bc displaced by [he cxeculion of any improvcmcnt schcmc which it is intended ro Zmnle. or to submit l o thc Slate Govcrnmcnt for sancuon, under his Act.

44. Whenever the Board are of the opinion that it is expedient and for the public good 10 provide housing accommodation for any class of persons i n any area 10 which this ACL applies, the Board may f m ~ e a

scheme for the purpose 10 be called a housing accommodation scheme.

Housing 3cc01n- 111odaion xkW.

F b q ~ m l i o n , publhi ion

and Inns- rnission of

police ;IS to Ilnprnw-

m n t

srkliw. and supply or

documvnts

tu npplic.m~s.

Tmsniis- siun 10 B o d or mqmxnla- tion hy

Municiluliiy

ur olllcr Iwd

Auhorily. The Holvralr Ir~~proven~et l~ Act, 1956. [West Ben. Act

45. ( I ) When any i m p r o v c m c n t scheme has been framed, t h e B o d shalI prcpare a notice slating-

(n) he facr h a t thc scheme has becn framed,

(b) rhe boundaries of lhe area comprised in t h e scheme, and

(c) the place 31 which p a r t i c u l a r s of he schcrne. a map of [he area compriscd in the scheme, and a s t a t e m e n t of [he land which ir is proposcd.10 acquire and of h c land in regard ro which it is proposed to recover a bctrcrment fee, may be .

sccn at rcasonable hours.

(2) Tile Board shnll-

li) cause thc said nolice to be published weekly for t h r e e c o n s e c u t i v c wceks in he OJfTcial Gazette and in local ncwspapers. with a statement of thc pcriod wirhin which

objections will bc received, and

'(ii) send a copy ol thc notice lo the ?[Mayor] to the Chairman or any olher Municipaliry const i lu~cd under the Bengol ncn.Acl xv

M u n i c i p a l Act, 1932, in which, and 10 thc General Managcr 19-'?.

of thc Calcutla Melropolilan Water and Sanilalian A u t h o r i r y and to thc Chief Execulivc Officcr of thc C a l c u t t a MetropoIitan Dcvelopmenr Aulhorily unde r whose I

jurisdiction, any ponion of [he area comprised in the scheme is s i t u a ~ e d . i

(3) The Chaimlan shall causc copies of all documcnis referred to in clause (c) of sub-scction ( 1 ) to be dclivcrcd ro any applicant on payment I I

of such fec as may be prescribed by rule made undcr seclion 149.

'46. '[The Mayor,] Ihc Chainnan of any other Municipality, he Grnenl Managcr of [he Calcurln Metropolitan Wntcr and Sanilation Aulhorily and rhc Chicf Execu~ivc Olficer of thc Calcutta Melropolitan Development Authorily, lo whom a copy of the ' n o t i c e has bccn sen1 under clausc (ii) of s u b s e c t i o n (2) OF section 45 shall, within a pcriod of sixty days from thc date of reccip~ of the said copy, forward lo thc Board

'CIausc [ii)'wu subsiituwd Tor thc original clausc by s. 23 orrhc Hatvnh I~nprovemcnt (Amcndmmt)Acr, 1953 (We31 Hen. Act XLlll of 1983). Prior ID this subslilulion. thc words -'. m d lo rhc Gcncnl Managcr of the Cdcurta M c ~ p o l i ~ a n iV;lrcr and Smitarion Aurhori~y wihin whose jurisdicrion," wcre insrncd in LhE original clau.cc. by s. 88(3)md Schcdulc 111.

item B I, ofrhe Cillculrahlcvopolilan \Valerand Sanibtion Auhority Act. 19M(\Vesi Bcn.

Act X l l l of 1866). 'Ihc word wilhin &~.qrun: b m k was sukliruwd for Itc words " C h a i m o i h Hnwnh

Municipdity. to LhcChzirmmof lhcBally Municipdi~y"bys. 18 o l r k Hownh Irnpror~cment (AmcnJ~nent)Ac~, 1995 (West Ben.Ac1 XV of 1995).

'Scction 46 was Tar subsiirutcd lor h e origind wction by s. 88(3) and Schcdulc Ill, itcm

B 2. or the C d c u ~ ~ a Mztmpolirm Wntcr and SmiIaIion Auihori~y Act, 1966 (\Vest Ben. Acl XI11 or 1966. Larct. thc same t v x rcsubstiruted by s. 24 of lhe HotvFlh I~upmvcrnunt (Arnendmcnr) Act. 1983 (Wcsi Ben. Act XLIII of 1983).

'The words rviihin the squm bmcke~s wcrc subsiituirct T o r t k words "Thr Chirmm of

~ h c How& Municipality, h e C h a i m olthc Bdly hlunicipdiry" by s. 19(a) olrheHownh

Ii~inrnvcnwnl (Amcnd~ncn~)Acr. 1905 I iVt~t t R r n A r r XVnF 19rl5\

TIM Howral~ It~rprovemear Act, 1956. XIV of 1956.1

(Cltapter IIl.-It~rpro vcrJrerIr Scl~etrres.-Seclio~ls 47, 48.) any rcprcsentation which [[he Mayor, J thc Municipality or I he Aur hority may think fit wirh rgard to the scheme:

Providcd thal any dirccuon issued by any aurhori~y constituud under Wcsl Ben. the Wcsr Bcngal Town and Counlry (Planning and Development) Act, ACC XIII or

1979. 1979 to thc Board as to the improvemen1 scheme BaH be carried out by thc Board.

47. ⁽¹⁾ During he thirty days ncxt following the first day on which scniccof any tlotice is published undcr scction 45 in rcspect of any scheme, the no'iCC;Uj'O Board shall serve a notice on-

P W ~

acoukilion

or iand or

(i) cvcry person whose name appcars in thc municipal ,,,,wDr asscssmcnt-book as bcing primarily liable ro pay h c owncr's Mm-rmnl fec.

sharc of rhc consolidated rate, or the rate on rhc annual valuc of holdings, as the cast may be, in respecl of any Iand which the Board proposc to acquirc in execuling h e scheme or in regard io which thcy propose to recover a bellennenl fee, and

(ii) [he occupier (who nccd not be n a n d ) of each premises or holding, enrcrcd in thc municipal assessment-book, which the Board propose ro acquirc in cxecu~ing the scheme.

(2) Such nolice shall-

(a) state that the Boardproposc to acquire such land or ID mover such bet~crrnenl fee for the purpose of carrying our a general improvemcnr scheme or a street schernc, as Ihc case may be. and

(b) require such pcrson, if he dissents from such acquisition or

Fron~ [he rccovcry of such betlermenl fec, 10 stale his reuons in wriung wihin a period of thiny days rrom the service of he notice.

(3) Every such notice shall be signed by, or by order of, [he Chairman.

48. ?[The Mayor and the] Chairman of any other Municipality Furnishing Ben. ACI xv constirul~d under Ihe BcngaI Municipal ACL, 1932, in any part of which ~~~~~~~

of 1931, this Act is For the limc bcing in force, shall, rcspcctively, furnish h e imm. the Board, a1 thcir requesl, wilh a copy of, or eracln irarn. the municipal ~ l ~ ~ c - assessmenr-book at such charges as may be murually agrccd upon. book. 'The rvods xilhin h q u m b n c k e ~ ure hrtd by s. 19 (b) o f k HownhIrnprovcmcni (Arncndmen1)Acl. 1995 (\Val Bcn.Acl XV 01 1995).

T h c words ", rhcChairman oithc Rally Municipality" were T i r inscncd by s. 25 or h e How& Inlprovemenr (Arncndrnen~j Act, 1983 (Wcsl Ben. AcC XLIIl of 1983). 7Iereafic.r.

he w o k within h c s q u m bnckcls were substituled For the words "The Chairman olihe Hotvmh Municipali!y. the Chairman of thc Bally Municipdiiy and" by s. 20 olrhe Howmh ln~umvemnr (Anrndrnenrl Act. 1995 ( \Val Rcn. Act Xv of 19951.

The Howrah I~~~provemenr Acr, 1956. X f V of 1956.1

(Cltnprer III.-l~~rpr-avenict~~ Sche~~res.-Sectiol~s 51-54, )

51. ⁽¹⁾ Whenevcr llle Starc Govcrnrnenl sanctions ally schc~nc ' submi~ted under seclion 43, jl shall announce the [act by notificarion,

and the Board shall forthwill1 proceed to excculc thc scheme.

(2) Thc publica~ion of a notification under sub-sccrion ( 1 ), in mspccl of any schcmc, shall bc conclusive evidence Ilta! [hc schcmc has been duty framed and sanclioncd.

Scn. Act XV

of 1932.

52. Al any ~ⁱ^~ⁿ^cfier any scheme has bcen sanctioncd by [he Statc

Governmenl undcr scction 50 and before it has been cmicd into cxccution,

thc Board may nller or cancel i ~ :

Providcd as lol1ows:-

(3) if any alterarion is estimated to increase the estimated net cost of executing a scheme by more [ban Iivc per- cetzlrrrrr o i such cost, such al~cration shall no1 be made wilhour rllc previous sancrion o i rhc Stalc Governmenl; [b) if any nlicralion involves the acquisition, othenvisc lhan by ngrccment, of any land the acquisition of which has no1

bccn sanctioncd by [he State Govcrnmcnt. the procedure prescribed i n thc roregoing sections of this Chapter shall, so far as applicable. bc rollowcd, as if lhc nllcrarion wcrc a scparare scheme;

(c) if, owing to changes ~ilade in thc course of a scheme, any land no1 previously liable utrder h c schcmc ta the paymcnt of a be~tcrmcnl icc, becomes liable 10 such payment. the

provisions of sec~ions 45,47 and 49 shall, so far as thcy arc

applicable, be follo~ved in any such case;

(d) no schcmc shall be cancelled without giving the Municipality or Municipalilics concerned an opportunily ro express their views wilhin sixty days of the reccipt of the notice of [he cancellarion nnd withaul [he previous sanction of the Srate Government.

53. Any number of artas in rcspccL of which improvcmenr schemes have been, or arc proposed to be, frarncd, may, ar any lime bc includcd i n one comhined scheme.

54. (1) Whcncvcr any building, or any svcet, square or orhcr land,

or any part thereof, which- '(a) i s si turned in thc Hnwrah Municipal Cnrpora~ion and is vcsrcd therein, or

(b) is siluared in any parr of 'Iany Municipaliry of Howrah] constituted under rhc Eengal Municipal Act, 1932, in which [his AcL i s For [he time being in force, and is vcs~cd in the

Co~nmissioners of h a t Municipality,

'Thc \vcrnl> '*or in tlls Bally Municipality" wcrc first inserled. in thc original claux (a), by s. 26of1 hc H o i ~ r ~ h Impmvclncn! (Amend~nenr)r\ct, 1983 (\Vest Bcn. Act XLfIl or 1983). f inally clausc (a) was substi~utcd Tor the original clnusc by S. 2 I(a)(i) 01 rhc Howrah Irnpmvunlml (Ammdmtni) Act, 1995 ({Vest Bcn. Act XV of 1995).

Nolifiaion

of sanction

ro impruvc-

lmnt

schcm.

Alrenrion

orilnpmve-

m n t

schernc akcr

smcuon.

TmsCcrro

Bo.ud for

purposcs of

improvcrm.nr

scheme. of

building or

Imd resrcd

in the

Colnnisc-

ionrmol

Municiplli;~.

'Thc words within thc square bnckcls IFCK subsiiiuird for thc words "any orher Municipality" by s, 2 I(n)liil. ;bid.

T71e Howrrrfr I~~prwvc~t~ct~t Acr, 1956. [Wcsi Ben. Act

(Cl~aprcr ill.-Ir~rpmre~~~eer Scl1enres.-Sccriot~ 54,)

is within thc mca of any improvcmcnl schcmc and is rcquircd for the 9: purposcs GE such scheme, thc Board shall l[give noticc accordingly to

!hc Mayor and the Chairman] of the Municipali~y concerncd and such

building. slreet, square, other land or part, shalt thereupon vcst in h e B o d , subjecl, i n the casc ot any building, or any land, noL being a

slrcel or squarc lo the paymcnt of compcnsalion, i f any, '[to [he Howrnh

Municipal Corporation or Lhc Municipality concerncd, as the case may

be,] under scction (3):

Provided lhat ?Irhc Mayor or [he Councillors of h c Municipality

concerncd, as the casc may be,] shall be alIowcd rcasonablc opporlunity to remove a1 thcirown cost any underground pipcs, cables or olher Fixturcs

belonging to them, if [hey so dcsirc.

(2) When any land, no1 bcing a street or squarc. vcsls in the Board undcr thc provisions OF subseclion ( I ) and the Board ~nakc a dcclaralion

hat such land will be retaincd by h e Board only until it4[rc-vests in ~ h c Howrah Municipal Corporarion or [he Municipality conccmed, as thc

case may be,] as p a l of a srrze!. park, lakc or garden under secdon 65 no compensation shdl be payable by the Board S[t.O h e Bowrah Municipd

Corporation or h e Municipalily conccmcd, as h e case may bc,] in rcspect of that land.

(3) Whcrc .my land, nol bcing a slrccr or square, or building vcsls in thc Board undcr sub-seclion (1) and no declaration is made by Ihc Board that thc land will be so retaincd, rhe B ~ a r d shall pay to 6[rhc Howrah Municipal Corporation or thc Municipality concerncd, as the case may be,] as compensaljon a sum cqual lo [he market valuc of h e said land or building as on h e date of ~ h c publicalion of the nolifica~ion under secdon 51 and whcre any building, siluated on land in rcspccl of which a declaradon has becn mdc by [he Board undcr sub-secrion (2), is vcstcd in the Board undcr sub-secdon (11, like compcnsalion shall be payable in respect of such building by rhe Board.

'TIE work within thequyc bnckcri wcre subnituted f o r k words"givc n~lim h i n g l y tothe C h a i m " by s. ll(a)(iii) a r k Hownh lrnpmvcmcnr (Amendmcnt)Ac~. 1g95 (War Bcn, AcLXV of 1995).

Wwwordswi~hinIhe squarebncl;c~\vcn:substitured forlhewo~' loLheCon~misi~ners orthe hlunicipality concerncd" by s. 71b)(iv). ibid.

'The words wirhin thesquw bnckets wcresubsrirurcd iorhcwords '-CommissioncsoI

the Municipdily conccrncd" by s. 2I(a)(v). ibid. 'The words wi~hin B c s q u m bnckrts were subsururcd Ior rhe words "rc-vcsls in he Municipality concerned" by s. ?I (b)(i), ilrid.

"h words wi~hin ihe squm bmkclr, n r r c s u M ~ u k d for Ihc wo& "to h e Commiaioncrs of the Municipdi~y conccmed" by s. 21 (b)(ii). ibid.

T h e words wi~hin hcquarebmk& wzrcsubstitu~cd forthcwonls'~hcCommissi~ners ~Fthehlr~nicinnli~v contcrncd" hvs. 7,Ile). ibid.

The Howroh 111zproverrre11t Act, 1956. XIV of 1956.1

(4) If. in any casc whcre thc Doard liavc madc 3 declaralion in respccl of any land u~ldcr sub-scction (2), the Board rcrain or dispose of the land conrrxy 10 lhz tcrms of the declararion, so that the land does no1 '[rc-

vest in rllc Hoivrah Municipal Corporalion or Ihc Municipalily cclncemcd, as the case may be,] as con~emplated undcr such declara~ion, the Board shall pay to :[such Corporation or MunicipaIi~y, as [he case may be,]

compcnsalion in respcct of such land in accordance with thc provisions of sub-scc~ion (3).

(5) If any question or dispule arises-

(3) as LO whelhcr compensation is payablc under sub-seclion

(3) or sub-section (4), or

(b) as ro the sulirciency of Ihc compensation paid or proposed

10 bc paid under sub-scction (3) or sub-scc~ion (4). or

(c) as to whettier any building, strce!, squnrc or olher land, or any pad lhereofis rcquircd for the purposcs of thc scheme, thc mnttcr shall be rcfcrrcd lo ~ h c S w e Governmcnr whose decision shall be final.

55. (1) All the lands acquired by the -'IHowrah Municipal bnds I or I x 9 4 Curporu~ion or any Municipalily of Howrah] under lh6Land Acquiri [ion ;zngh ACI, 1994, For rhcir drilinage scheme and described i n Par1 A of schcmcro Schcdulc 11, excluding tllc lands described in Par1 B 01 thc said Schedule, ::2,'hc shall yes1 in thc Board.

(2) The Starc Government may, by 4notificahon, altcr, add or cancel any enrry in ~ h c said Schedulc.

56. (1) When any building, or any slrcct, square or olher land, or

any part thereof, has vcsied in the Board undcr section 54, no municipal drain or wnlcnvork therein shall vesr in [he Bead until another drain or watcnvork (LS the case may bc), if required, has bcen provided by thc Board, to the sacisfaction of rile '[Hownh Municipal Corporation or the Municipality concerned, as rhe casemay bc,] in place of [he rorrnerdnin or work.

Provisi~n 01

dnin or

w~cnr.ark

I 0 rrplacc

anolher

sirumcd on

land vcsled

in r hc Board

under

section 3.

'Thc words within h c squm bnckcrs wcn: s u b s ~ i ~ u ~ c d for tk words "re-vur in the Coi~~missioncrs or the Municipalily conccrnrd" by s. 21(d)(i) of thr Ho~vrah Improvc- Incnr (Anlcndlneo~) Act, 1995 (\Ves1 Bcn.Acl XV o f 1995).

The w~rdrjwirhinhsquan: brakrlli wrrtsubsliluml f o r k words "such Co,nmissioocrs" by s. 21{1J)(ii), ibid

'Thc wurds "or ~ h c Bally Municipdi~y" werr: first inscncd by s. 77 of rk Hawrah Ilnprovrncnt (Arnendn~nt) Aci. 1983 (Wcsr Bcn. Act XLI11 of 1983). Themfrcr. he words within the squ~rc bnckrls WCN substilu~cd for h c words "Commissioners ollhe How& Municipality or h c Bally Municipdi~y" by s. 22 ofthe Hownh Improvement (Amcndmcni) Gcl. I995 (Wcsl Ben.Acr XV or 1995).

'Fornorilica~ion amending Schcdulc I1 to rhis Acl, Tee nolifiurion No. 8399 /h4 .H459 , Ja~ed 2nd Augusl, 1960. published in thc Cakulw Grrzerre or 1960, Pm I , p~ggc 2787.

'The words wilhin the s q u m bnckcrr ~ c r e suhsli~u~cd ~ o r h e w o ~ s "Co~nrnissioncsof thc Municipaliiy concrmed" by s. 23 of thc H o w d lmprovclmn~ (Amcndmcn~) Act, 1995 (WcslBcn. ACI XTof 1995).

The Holvralr It~rpmvert~enr Acr, 1956. [West Ben. Act

(2) lr any quesrion or dispurc arises as to whether anothcr drain or

watcnvork is required, or as to thc sufficiency of any drain or warenvork providcd by the Board, undcrsub-section (I), [he matter shall bc relerred

to thc Slate Govcrnmcnl whose decision shall bc final. Unr to

applicalion

ofctnain

xctiol~s

olthc

Calculta

Municipal

Act, 1923.10

SinrLs T C S I C ~

in thc

B o d .

57. ( I ) Sccdons 296 and 297, clausc (c) or scclion 306 and sccr ion

307 or lhc Calcutra Municipal Act, 1923, as cxtcnded lo [he '[Hownh Ben. Acll^l^l Municipal Corporation], ?[and [he corrcsponding provisions, i f any, undcr of 1923. ~ h c Bcngal Municipal Act, 1932, as in force3(in any Municipality of Ben,AcrXV Howrah,)] sllall not apply ro any slreet which vested in the Board. of 1932.

(2) Rules 4 and 5 in Schcdulc XVI 104[the Calcurla Municipal Act,

1923, as extended to thc >(Howrah Municipal Corporation) and lhe

corrcsponding provjsions or ~ h c rules, if any, made undcr lhc Bengal

Municipal ACI, 19321, shall not apply when any drain, pavclnenl or surface referred to in thc said rules i s opened or brokcn up by the Board or when nny public sueel is under consvuction by 111e Board.

Rcpir Y I ~ 58. Whenevcr he Board allow any strcet vcstcd in them to be used rvarcnng

O~SITCCIS ror public rraff~c,

crslrd in (a) they shall, as far a praclicablc, keep ~ h c strccl in good repair

thl: Board. and do all things necessary [or [hc sarc~y and canveniencc

of pcrsons using it, and

(b) they shall cause the steel. to k wmcrcd, if they consider it ncccssary to do so for the public convenience.

vcstsd iu fhc Bo.ud i s

op~icd or bmken up or w h y SlKtl IS undcr cons~ruclion aid spwdy completion oruorli.

59. Whenevcr any drain in, or he pavement or surracc of, any street vcsrcd in the Board is opcncd or broken up by die Board Tor thc purpose of carrying on any work or whenever the Board allow any sueet which

they have undcr construcrion 10 bc used for public traffic, !he Board shall cnusc rlle place to be fenced and guarded and lo be sumcicnrIy

lightcd during lhe nigh(, and shall takc proper precautions for guarding against accident by shoring up and prolecling adjoining buildings, and

shall, with a11 convenient speed, complcrc Ihc said work, fill i n the ground, and repair d ~ e said drain, pnvcmcnt or surface, and carry away thc rubbish occasioned thercby or complctc [he consuuction of the said strccr, as [he

casc may bc. I'lhc rvords wilhin Ihc s q m br3ckcE were suhs~itutad f o r k tvords "klowr;rh Munitipiiry" by s. 24(n) ( i ) o f rhe H o d Impmvcwnr (Arncndmcnr) Act, 1995 (\Vest Rcn. ACI XV o f

1995).

Thcwordsand figures wilhin rhc squsn: brackc~swcn: inscncd by s.28(a)oflhc Howmh Improvemenr (Amendrnen~) ACI, 1983 (Wcst Dcn. Act XLlIl of 1983).

The words within thc firs1 bnckcrs rvcre substitutcd tor thl: words "in rhc Bdly Municipality" by s.ZJ(a)(ii) orthc Howrali In~provcnlcni (Amcndment)Act. 1995(W&t Ben. Act XV of 1995). I

'Thc words and fiyrcs within rksquarc bnckca wcm subsli~u~cd for hewords "thesaid Acr as cxlc~idcd to rhc Hovmh Municipdiry" by s. 28(b) or the Howmh Improvement (Amendment)Act. 1983 (\Vesl Brn.Ac! XLIIl of 1983),

'The words wi~hin Ihf rat brdkrrs wcrc suh~imicd lor thc words "k1owr;lh Municiplity" ht. r qdlhl nrrhr Unl*,nh Irn-m?v.~rn+n~ Irl r~vnr lnmr\ Arr 1995 IU'rrr R m Art XVnF 1995)

XIV of 1956.1

60. (1) Whcn any work refemd 10 in section 59 i^s bcing execurcd by the Board in any public skeet vesled in them, or whcn any olher work wliich may lawfully bc done is being cxccutcd by the Board in any streel vested in them, the Board may direa tha~ such sueel shall. during [he progrcss of such wark, bc either wholly or parlially closcd lo lralfic gcncrally or to tralfic of any specified description.

(2) When any such dircclion has been givcn, the Board shall sel up in a conspicuous position in or ncar thc streel an ordcr prohibiring mffic

to the extent so dircclcd, and shall hx such bars, chains or posts across or in the street as rhcy may think propcr for preventing or res~ricting balfic therein, afrcr norirying in local newspapers their inienrion to do

SO.

61. Whcn any work is bcing executed by lhc Board in any public succr vested in ~ h c m , the Board shall, so far as may reasonably be practicable, make adequatc provision for-

(a) [he passoge or diversion of lrafic;

(b) securing access lo al l prcmises appro~chcd from such sucet; and

(c) any drainage, watcr-supply or means O F Iighring which is inlerruprcd by reason of Ihc cxccution of thc work. FVevenlion

orrenriction

o r a i z c

in s w r \*csled in I hc B o d

during

P m T = S

alwok.

Rovision of facilities wbcn work is exccutcd by Board in publ icsmt vesred in ~ k n c

62. ( 1 ) The Board may- - Powcr o r Bovd to

{a) turn, divcn, disconrinue ~ h c public use of, or permancnlly I,, nrclosc cIose, any public slrctt vestcd in lhcm or any pan lhcrcof, ~ublics-l or squwc or \ - ~ ~ t d in

( b ) disconlinue the public use of, or pcrmanentIy closc, any public square vested in Ihcm, or any part [hereof.

(2) Whenever h e Board discondnuc thc public usc of, or permanenlly closc, any public srreet vesled in them or any parl hereof, thcy shall pay reasonable compensdion lo every person who was entitled, orhcnvisc

than as n mei-e liccnsee, to use such slreel or part as a means or access and has sulfered damage Irom such discondnuancc or closing.

(3) Whenevcr [he Board disconrinue the public use of, or pcrmanenlly

close, any public square ves~ed in Ihcrn. or any pan thereof, they shall pay rcasonahle compensation lo evcry person-

(a) who was cntided, olhcrwisc than as a mcrc licensee, to use such square or pan as a mcans of access, or jb) whose im~novable properly was ventilalcd by such squarc or part,

and who has suffered damage,-

(i) in case (a), irom such discon~inuaocc or closing. or (i i ) in case (b), rronl the usc ro which h e Board havc put such

XIV of 1956.1

(ii) forward a copy of thc said nolicc LO any person whose name appcars in the municipal asessmcnr-book as being prirnari ly liablc lo pay [hc owner's share of the consolidarcd rare, or [hc ra[c on thc annual value of holdings, as thc casc may bc,

in respect of any land includcd within the proposed public strccl or ~ h c proposcd public park, and

(iii) forward a copy nf the said nolice and of h e plan lo which it relates to the '[Mayor, the Chainnan of any Municipaliry or Howrah] and, i f any area in [he '[(neighbourhood of lhc Howrah Municipal Corporalion and of any Muncipalily of l i o w r a l l ) is] ~ncludcd in such plan, lo h e Chairman of the local authority administering any portion of such arca, and

(iv) causc copics of lhc said notice and plan lo be delivered to

any applicant on payment of such Tcc as may be prescribed by mlc made under section 149.

(3) On or aftcr a date (no1 being less than thirty days from thc datc

of 111c firs[ publicalion of thc notice) to be appointed by the Board in this bchali, rhc Board shall consider-

(a) all objections in writing received from any pcrson ~rfcctcd

by ~ h c plan, and

(b) any rcprescntation in regard to such plan madc to thc Board

by rhc3[Hownh Municipal Corporalion or nny M u n i c i p a l j ~ y of Howrah] of the aforesaid local authori~y,

and rhc Board may [hereupon either widldrarv rhc plan or apply to the

Stale Governnlcnl for sanclion thereto with such mdificalion (if any) as

thc Board may considcr ncccssary.

(4) If the Board apply for sancuon as provided in sub-section (3),

lhcy shall simul~aneously forward lo thc Stalc Govcrnnlent a full slatemen1 of all objeclions and rcprescn~a~ians made to [hem undcr rhc said sub- section.

(5) When a plan as aforesaid has been submitted to h e Stare Govcrnrnent under sub-sccrion (3), the Board shall cause norice of the f a c ~ lo be published for rrvo consecutive weeks in the Oficiul Guzette and in local newspapers.

'Thc words ", 10 lhr Chsimlan ortht B d y hlunicipdi~y" w c k fifil inscncd by s. 29(2)(a) o l k H r n v d lrnpmvcn~cnr (AmRd~ncnl)AcL 1983 (\Vat B t n AaXLltl of 1983). Thcrcaltm, the wnrds wilhin thcsqua hrackru weresubstituted Torthc words " C h i n ~ l m o r t k How&

hlunicipdi(y, lo he Chairman of the Bally hluic~paliiy" by s. ?5(b)(i) ol the Howmh

ln~provzmsnl (An~ndmcn1)AcL 1995 (Wmr Ben.Ac~ XVof 1995). Tl lc r ~ o r d ~ "Ho~vmb Municipdi~y and o r k Bally Municipalily is" rvcn: hi substiturcd

lor tlic words "klownh Municipali~y is" by s. 29(2)(b) or thc Hownh Irnprovcmcn~

(Amendnlcn~) Act, 1983 (\YCSL Bcn. Acr XLlII of 19.53). Themfrrr, h e words urirhin ihc Tmt br~chcrs ncrc subq~i~ur~r l lor thc words "ncighburhood olthr: Hownh blvnicipaliry and OF Ihs tlnlly hlunlc~pnlily" by s. ZS(b)(ii) orlhc Hownh lmprovernenr [hrncndr~lcnr) ACI, 1995

(\Vcsi Ucn. Act Xvor 1995).

'The words "or thc Bally Municipaliiy" rwrc first inscncd hy s. 79(3) of ~ h c Howr;.h

I~~ipmvcrrwn! (Anlcndnxnt) Act. 1983 (War Ben.Acr XLIlI of 1983). Thrrcaller. ~ h c r\o~ds within tllc .square b n c k e ~ wrcrc substirutcd Cor Ihe wurds "Conlmissioncrs or rk Hownh

Municipal~ty ur the Bnlly Municipality" by s. 25(c) o r t k Howmh ln~prnvcmcnr (Amcndnrnt) Acl. 1'145 (i1'2sl flrn.Acr XV o f 1995),

The Howrah Inrproverrretrr Act, 1956. [West Bcn. Act

(6) The State Governmcnt may sanclion, ciher with or wilhout

b modificalion, or may rcfusc lo sanc~ion, any plan submiued to i~ under

sub-seclion (3).

(7) Whenever the Slate Governrncnt sanc~ions a plan it shall

announce the fact by notification and the publicalion of such notificalion shall be conclusive evidence that the plan has bccn duly made and sanctioned; and the proposed public swcct or public park to which such notifica~ion rcrcrs shall be dccmcd LO be a projcctcd public steel, or a projected public park, a he case may be, and shall be so deemed mil -

(a) such sweet or park has becn declarcd undcr sccdon 65 lo

bc a public slrccl, or public park, or

(b) thc said nolificalion has been cancelled by another nolificarion:

Provided lhat such cancellation shall not arfcct thc validity of any action takcn by h c Board i n pursuancc or h e said nolificalion.

(8) If any persons desires to erect. re-erect or add to any wall (exceeding ten feet in height) or building which falls wilhin the arca comprised in a projcclcd public park or rvilhin rhc slrecl alignrnenl or

building line of a projecled public street shown in any plan sanctioned

by the Slate Government under this section, he shall submil an application in writing to the Chairman for pcrrnission SO to do:

Provided as follows:-

(i) no such application shall bc necessary for pcrrnission to erccl or re-erect, between a building line and [he street

a6gnmenl,-

(a) a porch or balcony, or

(b) along nor more than onc-rhird of the fronlage, an

oulhouse nor exceeding fifteen fccl in hcight;

(ji) nolhing in lhis sub-section shall relieve any person From Ihe liabjli~y to obrain such sanction as it may be ncccssary

ro obrain under any law for Ihc timc bcing in forcc from he local authority.

(9) The Chairman shall in no casc rcfuse an application submitted

under sub-secuon (8) i f I l ~ e applicanl cxccutcs an agrccmcnL binding hi mscl l and his successors in interest 10 remove, wilhour compensalion, any wall or building to which that applicalion relalcs, in h c cvcnL of h e Board-

(a) deciding (at any Bme after a scheme h x been sanctioned under section 50 for an area wilhin which such building or wall is situare) [hat the said wall or building, or any portion thercof, ought to be removed, and

The Howmk ltwproverrrer~t Act, 1956.

XLV 01 1956.1

(6) calling upon the owncr far Ihc time-being, by wri~tcn nolicc,

LO removc chc same within a lime (no1 being lcss ihan sixty days from h e dale olthc scrvjce ofdle nolicc) io be specihcd in ~ h c said nolice.

(1 0) If h e Chairn~an does not, within thirty days from thc rccejpl of an apflica~ion submiltcd under sub-section (8), grant or refuse rhc pcmission applicd Tor rhereundcr, such perniission shall be dcemed !o have k c n grantcd.

( I I ) If thc Chairman refuscs pcmission to any pcrson lo erecl, rc- erecl or add 10 any wall or building as aforesaid which falls-

(i) wii11in rhc slrcel align~ncn t of a projected public streel, or

witliin a projccted public piirk, or

(ii) belween thc strect alignmcnl and [he building linc of a

pmjectcd public street,

the owncr of the land on which il was sought lo crccl, re-erect or add to such wall or building, may call upon thc Board, at any rime, within three monhs from the date of such relusal cilher-

(a) to pay him conipensation for any damage sustained by him in consequencc of such refusal. or

(b) lo acquire so much of his land as falls within thc sueei

alignment, or be~ween 111e smcct alignmenr and thc building line ur wirhin lj~e park or spacc, as Ihe case may bc:

and Ihc Board shall lhcrcupon-

in case (a), makc lull compensa~ion ro h e said owncr for any damage which hc may be found to have sustained in conscquence of

such rcfusal, and in case (b), forthwjrh takc sleps to acquire thc said land:

Provjded thar, in thc case of such land as falls within ihc street

alignmcnt only, it shalt be optional wirh he Board to acquire [he sanlc

in licu of paying compensation dlerefor.

(12) An appeal shall lic to [he Board fram any refusal by thc Chairman lo grant m appIicalion undcr his secuon.

64. (1) The Board may, for the purpose of hc scwage disposal schemc Bomd [nay rcrcrrcd to in sub-scc~ion (1) of section 33, make plans for the proposed^d^e^p^l^m^s

for fulurc

extension of lhe scwage disposal si tc showing by reference to thc cadasual ,,,,,ion ,[ ... , . survey map or otherwise, h e localion, arca, cxlcnr and configuralion of sfivw . .

disposal si~c. thc lands no1 immcdiatzly required For sewagc ucalment and disposal but likely to be so required in iuturc.

(2) The lands rererred to in sub-secdon (1) may fall wholly wirhoul

he municipal limits of Howrah or partly within and p a d y without such limits as the Board may think fit.

The Ho~sr~rlr ~rrpmven~errl Act. 1956. [West Ben. Act

(3) Whcn the Board make a plan of a proposed exrznsion of d ~ e sewagc disposal site tllc provisions or sub-secdons (2) ro (6) of scclion 63 shall as far as practicable apply.

(4) Whcn ~ h c Srate Government sanc~ions with or wi thout modifica~ion a proposcd extension of he sewagc disposal sire ir shall

announce thc (act by notification. The publicar ion of such noti licauon shall be conclusive evidencc that

thc plan has bccn duly madc and sanciioncd and the proposed extension

of the sewage disposal siic to which such nolificarion rcrers shall bc

deemed LO be a projccted scwngc disposal sitc.

(5) No ncw building or wnll s l~nl l bc ercc~ed nor any cxisling building re-crccrcd or addcd lo on any land within [he projected scwage disposal

sile but the o\\mcr of the land on which jr wns sough[ LO crcci, re-erecr or

add (0 t l~c building or wall may call upon thc Board at any time either-

(a) ro pay him compensation, or

(b) LO acquire so much of his land as falls within the projccted scwage disposal sire,

and thc Board shdl lhereupon-

in casc (a), pay reasonable cornpensalion lo ~ h c owner, and in casc (b), Forthwith lake stcps 10 acquifc the land. Vistinp in

'Il~toivralr 65. (1) When thc Board are of apinion-

hlu~~icipal (a) that any strccr laid our OF al~ered by thcm has bccn duly Corponrion

or any Ievellcd, paved. mctalted, nagged, channelled, sewcrcd and

hluni- dmincd i n the manner providcd in rhl: plan sanc~ioncd by

c i ~ ; ~ l i ~ y of Hownl1.) L S rhc Sratc Governmenr undcr scction 50, rhv c.uc may (b) thar such lamps, lamp-posts or orher apparalus as are k.] or

SIKCIS laid necessary for rhc Iighting of such slrect have beet) provided, ULI! or and

alrcwd.and

u ~ n spits (c) that wntcr and other sanitary convcniences ordinarily providtd. by provided in a niunicipality havc heen duly provided in such ihs board

undcrnn street,

i1n@wvcmcnt they shall repor1 [his fact ro tllc Commissioners of ~ h c Howrall

S C ~ C I I E . Municipality and it shall bc the duly OF the '[(Howrah Municipal Corpora!ion or any Municipality OF HOW^^^,) as rhc case may bc,] wilhin

Ilwcc rnon~la From rhc date of rcccipl of such report, oftcr such inquiry as they think f i t to makc, eilller to dwlare thc strecl \o hc a public street

by wri~!en notice afljxcd in somc conspicuous posi~ion in such strcct,

'Tbc tvords'brihc 8 ~ 1 l y Municipality.= thccaw may bc." were first inscncd. in sturion 65, by s. 30 or [he Hntvnh Ir~ipro\~tmcnl (Amcndnlcnl) Act, 1983 (IVesr Bcn. Aci XLIII (IT I9RB). ThereaT(cr [he words within rhc firs1 br3clicis wcre subsiilurrd for 11ic word\

"Com~uiss~ontfi of [he H m v d hiunicipali~y or rhc Bally Municipality." by s. 26(n) or the H o w n l ~ I~nprovciu~~nr (A ncnd~llen~) Acr. 1495 (\\'csr Bcn. Acr XV o f 1995).

Tlre Ho\rlmll Intprovei~~o~r Ad , 1956. XIV of 1956.1

(Clrnpter- III.-Itrlpro~~o1re,1, Scl~crrles.-Sccriol~ 65.1 whereupon such slreet shall1 vcsl in thc ' [(Howrah Municipal Corporauon orany Municipality of Howrah,) as the case may hc,] and bc maintained, kept in rcpilir, ligllted and clearcd by them; nr, i f thc '[(Howrah Municipal

Corparation or any Municipality of Howrah,) as Ihc cnsc may bc,] are of opinion that ccrtain works are requircdro bc donc hcforc sucll dcclara~ion may hc mndc, 10 require the Board lo complctc sucll works:

Providcd as follows:-

(a) no engineering or acuon~modarion works. not included in rile schemes s:~nctioncd by the Staic Governnicn~ undcr seclion 50, shall bc rcquircd lo be done by the Board except with 111u Iarlcr's consenr as a condition o r such ~ransfcr;

(b) wllcn cer~ain works in conncction w i ~ h the street can be

taken up orily al'tcr a lapsc or time lo allow forconsotidntion of roads or thc crcction of buildings on borh sidcs, the declnration sliall no1 be put off ill they arc completed, but sllall be madc, within rhc ~imc prescribed under this suh-

sccrion on thc Board giving an underlaking [ha! they shall , complete the works whcn askcd by ~I~e-~[(Howrah Municipnl Corporation or any Municipality of Howrah,) ;IS thc cnsc may be,] lo do so.

(2) As soon as thc works rcquircd 10 bc do~lc by he '[(Howrah

Municipal Corpornrion or any Municipality or Howrai~.) as the casc may

bc,] as aroresaid are cnmplcrcd, thc Board sllall repon the lac1 to thcm;

and il sball be thcir duly to dcclarc thc strecl lu be ;r public strcc! by wri~ren notice arlixcd in somc conspicuous position in such strcct within two monrhs From rhc darc or receipt of the reporl, a n thc cxpiry of which pcriod rhc liability of the Board lo maintain t l ~ c slrccr and the slreet

ligll~ing or lo pay rhc municipal rarcs, if any. asscsscd on the lands comprised within sucl~ street shall ccasc.

(3) Whcn ;my opcn space, park, garden or lakc has bccn provided by thc Board i n cxccuring any iniprovcmcnl sctlcmc, and die Board are or

npinion that sucll open space. park, gardcn or lakc should be translemed lo thc Comnlissioncrs of the Howrah Municipality, lhcy may p a s a resolution to that cll'cct, and such open spacc, park, garden or lake shall

lhcrcupon \pcsl in and be ~naintained at lhc expcnsc or the '[(Howrah Municipal Corporauon or any Municipality or Howrail,) as he casc may

be,]:

Prt~vidcd that rhc: Com~l~issioners OF thc Howrah Municipality m a y

rcquirc lhc Board. bcfore any such opcn spucc, park, garden or lake i s

Pawcrlo purchmor 1fiw by ~ r c c n m t and ro

ocquire lmd under the l a d

Acquisition Act. 1894. [West Bcn. Act (Cl~crpter Ill.-Irrrprove~~re~rr Sclierrres.Secrio~l 66.-Clropter I V- Acqrriritio~t crird Disposal of L.uljrl.-Sectio~r 67.)

umslcrrcd, 10 enclose, level, drain and lay oul such opcn space, park, pardcn or lake and provide foolpaths therein and, if necessary, to provide lamps and o ~ t ~ e r apparatus for lighting it:

Provided lurther that no open space, park, garden or lake transfcrrcd to thc '[(Howrah Municipal Corporation or any Municipality of Howrah,)

as thc casc may be,] shall bc pcimanenlly closcd or Icascd out for building purposcs without thc prcvious approval OF thc Sralc Govcrnmcnt.

(4) If any diffcrencc of opinion arises between [he Board and lhc '[(Howrah Municipal Corporation or any Municipalily of Howrah,) as

the casc may bc,] in rcspccl of any martcr rcfcrrcd ro in thc rorcgoing

provisions of [his section, the matter shall be referred lo [he Slare Government whose decision shall be 6nal:

Providcd ha1 thc Sratc Govcmmcnt, in dcciding a dispurc regarding

rhc taking ovcr by rhc '[(Howrah Municipal Corpora!ion or any Municipality of Howrah,) as Ihe case may bc,] of a public smcr, opcn

spacc. park or gardcn providcd by rhc Board, may ?[direct hc Corporation

or h e Municipalily, LS h e case may be,] 10 takc it ovcr within a specified date and ?[or the Corporation or he Municipalj~y, as h^ecase may be, falling] to comply wiih [he direcrion lo pay lo h e Board the cost of ils

maintenance from thc said specihd date ro rhe dale on which ir is raken over.

66. [Appticario~l of secrior~ 65 ro ollrer Mrwicipali/iex.-Ot~~i~red by s. 27 o j rlie Howrah Itrzpro~~enrerzl (Anieridrizenr) Acr. 1995 (Wcsl Bell. Act XV of 1995)l.

Acquisition and Disposal of Land.

67. Thc Baard may, for canying out lhc purposes of this Act, and with thc prcvious sanclion of he Statc Govcmmcnt-

(i) cntcr into an agrcerncnL with any pcrson for chc purchase. or taking on Icase by the Board from such pcrson, of any land or any interest in such land; or

'The words "or II-IC Bdly Municipality, u h w s c niay h." wcn: first inscncd, in section 65, by s. 30 or the Horumh ilhmpmvemen~ (Amtndrnm~) ACI, 1983 (WCSI Bcn. Act XLllI of 1983). Theredtcr, thc words within Ihc firs1 bmckca wcre substituted Tor the words

"Cor~~r~~issionen f rhe H o w d Municipality or h c B d y Municipality" in sub-sefuons (2); (31, (4) md 'proviso lo sub-section (4)',by $5, 26(b). 26(c). 26)d)(i) and 7qd)(ii)(A). nspxti vely, of the Hownh lmpmvcnrnt (Arncndnlcnt) Am 1995 (WEI Ben. A a XV of 1995). Thc words within the square bnckcts werc subsri~utcd Tor thc words "dirccr Ihc

Commissioners" by s. 26(d)(ii)[B), ibid. 'The work wilhin II-IC sqw b n c k ~ were subsulu~ed for the words "on he Commisionus idling" by s. Zd(d)(ii)(C), ibid.

The Holvrnlr I~ilprovertietn A cr, 1956. XIV of 1956.1

- (Chapter IF-Acqvisitio~l a11d Disposal of lnnd.-Sectiot~s 68-71.)

(ii) acquire land under the provisions of he Land Acquisi~ion I or I 841: ACL, 1894.

68. The power of rhc Board to purchase, lake on lease or acquirc Poweror Boxd 10 land or any intercst in such land undcr section 67 may bc exercised not acquin: trnd

only in respect of land falling within an irnprovemcnt scheme already ^r^o^r^f^~^l^u^~

improvcnmt fran~cd bul also in rcspcct of land relating lo which the Board may S C ~ W .

frame improvemcnl schemes in iulurc.

69. A Tribunal shall bc consliluled, as provided in scclion 7 1 , Tor Tribunal 10 the purposc of performing [he functions of thc Coun in refercncc to the ::$-

. .

acquisition oi land for the Board under rhe Land Acquisirion Act, 1894.

70. For

Board ,-

(a)

he purposc of acquiring land undcr [he said Ac[ for lhe Mdificaion

or~he Lund Aquisilion thc Tribunal shall (cxccpl for [he purposes of section 54 or Acr, 1894.

that Acl) bc dccmed to be thc Coun. and 11ie President of

[he Tribunal shall be decmcd 10 be the Judgc, undcr rhe said Acr:

(b) he said Act shall be subject to Ihc furlher midifications indicaled in Schcdulc I;

(c) h e Presjden t of thc Tribunal shall have powcr 10 summon and cnrorce the attcndancc of wilnesses, and to compcl rhe producrion ddocuments, by Ihe sarnc means, and (so far as may be) in L ~ C s m c manner, as is providcd in thc case OF a Civil Coun under he Code or Civil Procedure, 1908; and

(d) the award of [he TribunaI shall bc deemed 10 be Ihc award of Ihc Court under the said Land Acquisition Act, 1594, and shall bc final.

71. ( 1 ) The said Tribunal shall consist of a Prcsidcnt and two Consiilurion orTribuna1. asessofi.

(2) The Presidenl of h e Tribunal shall be cilhcr-

(a) a pcrson who was or has becn a member of the Judicial Service as defined in d c I e 236 of the Conslitution of India for at l e a l teh years and held a rank nor inferior lo that of a Subordinate Judgc lor a1 kart three years; or

(b) a barrister or an advocare who has practised as such in the Calculh High Court for not Iess lhan rcn years.

The Holvrul~ i t~ iprove~rre~~t Act, 1956. [West Ilen. Acl

(Chapter IK-Acqrrisiriou arrd Disposal of Land.-Sectio~i 71.)

(3) Thc Przsidenl of the Tribunal and onc of the assessors shall be appoinlcd by r!le Slalc Governn~cnl and [he othcr assessor shall bc

appoi~ltcd by the '[Howrah Municipal Corporalion and thc Municjpdilics of Howrah] within thc Lime 6xed by [he Stale Government or i n dcfault of thc '[Howrah Municipal Corporalion and [he Municipalities of Howrah]

by ~ h c S~alc Govzrnlncni;

Providcd that no person shall bc cligi ble for appoinlmenl as a mcmbcr of the Tribunal if he is a Trustee or is, Tor any or h c rcasons men~ioncd in scc~ion 5. disqualified for appoinrn~cnl as a Trus~ec.

(4) The Icrm of office o i cach membcr of the Tribunal shall be Lwo

years; bur any nictnber shall, subject to the proviso 10 sub-section (3). be cligiblc for reappoinlmenr at the cnd of ll~at Icrm:

Provided thar n member who is an asscssor shall na bc cligible for reappoin~menl for mom lhan a funher lerm or ~ w o years.

(5) The Srnlc Government may, on llic ground o i incapacity or misbchilviour, or lor any other good and surficienl reason, cancel rhe

appointmcn~ of any person as a melnbcr of the Tribunal afler ~ i v i n g the person an opportunity of showing causc againsl the proposed aclion.

(6) Whcn any person ccnses for any reason-lo bc n membrr of the Tribunal, or whcn any mcrnbcr is temporarily absenl in consequence or

ilIncss or any othcr unavoidable cause, rhc State Govcmment or (if h c

person whose pIacc is to be fillcd was appointed '[by thc Howrah Municipal Carpomion or any Municipality of Howrah] the -'[Howah

Municipnl Corporation or rhc Municipalily, as the casc may he. or] in default or the![said Corporarion or Municipali~y, as thc case may be,]

ibe Slalc Govermncnl shall fonhwith appoint a t7 t person lo bc a member

in llis place.

(7) All appoinlmcnt's madc under rlJs scc~ion shall be published by

nolification.

'The words "and thr: Bally Municipality" wcn: first inscncd by s. 3111) o f rhc H o t b h

I~nprovc~ncnl (An~ndmcnt)Acl. 1983 (\Vut Bm.Ac\ XLIllof 1983), Thcw?firr, hc words within thc squarc bncli~ts wcrc suhs(itutcd for thc wolds "Co~nniissioncn o i 111c Hownh Municipalily and rhc 8d1y Municipality" by s. 28(3) oflhc Howmh Impmr,c~nc.nl ( A m d n l c n t )

Acl, 1995 (\Vcs~ Bcn. Acr XV 01 1995). 'Thc w o k -'and hhc Bally Municipality" werc fils[ inszncd by s. .1?(2) o f the Honnh

I~~lpro\~crnenr (Al lendrncru) Aci, 1983(\Vut Bcn.AclXLlIIof 1983).~crc~~tcr.1h~ words

within~lir s q u m bnckcts rvcrrr subsliiuled for rk words "by thcCo~n~nissioncrs oTHownh

Municipality and tlic Balls Municipality" by s. 28(b)(i) 01 thc Hotvnh Imprtwcn~cni (Amendnlcnl) Act, 1995 (\Vest Hen. AclXVof 1995).

'The words '-and rite BaUy Municipaliv" wcrc fin! inscnt'd by s. 31(2) 01 the H o w d

lrnprover~~ent (A~ncndmcnr) ACI, 1983 0k.1 Dcn. A d XLltI of t 985). Thcrcdlcr. the \voids wiihin the squm bnckr~s \vtrc substituted forlhc words "Cornrnissimrrs of rhc Howmh

htunicipaliry and Ihc Ilally Municipalily, 01' by s. ?S(b)(ii) of lllc Hounh lrnpmvcmcnl IA~ncndmm)Acl, 1995 (\Vest 0m.Acr XVoT 1995).

'Tixrvods williin tksqum bnckcrs wcn:subslitutrd for kc wods"saidConunissioncs," by s. 28(b){iii), rbirl,

The Hcr~vrah It~~prove~~rcttr A t 1956. XIV or 1956.1

(Clroprcr IK-Acqrrisitioa and Disposal of htrd.-Sectiwrs 72, 7-1.)

72. Each member of ~ h c Tribunal sl~all be entillcd to rcccive such Rclnuncn- ilon of

remuncrarion, either by way of monrhly salary or by way of fccs, or pmly ,,,,h,,r

in onc of lhose ways and partly in the o~her, as thc Srate Governmenr Tribunal.

may prescribe.

73. (1) The Prcsidenr of rhc Tri bun31 shalI, from lime to time, prcpare Orficers and scrvm1s of a srarenlenl showing- Tribunal,

(a) the number and gradcs of the cterks and othcr oificcrs and servants who he considers should bc mainlained for carrying on the busincss of 111c Tribunal.

(b) thc amount of the salary to be paid ro cach such officer and servant, and

cach such officer and scrvnnl.

(2) The President of the Tribunal shall, from lime 10 rime, milkc rules-

(i) prcscribing the quatificalions, [he period and conditions of servicc, hc agc of supemnnuarion of thedfficcrs and scrvmrs

of [he Tribunal;

(ii) for rcgula~ing [he grant of leave of absence, leave allownnczs

and acting allowanccs to thc officers or servants of the Tribunal; and

(iii) for eslablishing and maintaining a providcnt or annuiiy hnd,

lor compelling all or any of the officers or servants of rhc

Tribunal (othcr than any servant of the Government in respect of whom n conlriburion is paid under seclion 155) 10 contribule lo such Fund, ar such rates and subject to such

condiuons, as may be prescrj bcd by such rules and, with the sancdon of thc Board, for supplcmcndng such conlriburjon out of Ihc Funds or the Board:

Prouidcd rhar a servanr of h e Government employed as an orficcr or scrvanl of he Tribunal shall not bc cnli~lcd lo

lcavc or lcnvc allowanccs olhcrwisc rhan as may be prcscribcd by the condirions of his scrvicc under the

Governmcni rclnling ro uanslcr lo forcign scrvice.

(3) No statemcnr prcparcd undcr sub-scc~ion ( I ) and no rule made under sub-section (2) shall havc any validity unlcss and until it is sancrioned by the State Government.

(4) Bciore sanctiuning any such slarenlen t or rule, h e Srare Govern- men1 may modify i t .

The Holvrnlr I~~~proven~etr i Ac . 1956. [West Ben. Act

(Clfaprer IV-Acqrrisirioa atid Disposal of Lar~d.- Secrio~u 74-76.)

I#,

(5) Subject to any directions contained in any slalenlcnt prepared undcr sub-seclion (1) and any rules made under sub-scction (2) and for the time being in forcc. thc power of appointing, promaling and granting leave to oFficers and scrvanrs of rhc Tribunal, and [he powcr of rcducing rhcm in rank, or suspendi~~g or dismissing them from service, shall vest

in lhe President of rhc Tribunal.

Paymtnlsb~ 74. Ttie re~nunerauon prescribed under seclion 72 for members of

Dn;lrd un accou,,lo,- rhe Tribunal. and thc salaries, Ieave allowances and acting allowances

Tribunal. prcscriM undcr seclion 73 for officcrs and servanls of rhc Tribunal, shall bc paid by the Boxd lo [he Presidcnr of [he Tribunal For disuibulion:^.^. Provided ha^ when under the provisions of sec~ion 78, rhc Cunclions

of [he Tribunal arc pcrlormed by the Tribunal constiruted under secrion 70 of the Calculta Improvement Act, 19 11, thc Board shall pay to the ~ c n . A C ~ v i Chairman of the Board of Trustees for the Irnprovcmcnt of Calculta such ^l^q^f^l^-1 - '

ponion or the remuneration of [hc assessors and of thc salaries and ¹

allowances of officers and servants or rhc said Tribunal as rhe Statc ! Govcrnmcn~ may, having rcgard LO [ha work done by [he said Tribunal ~vilh refcrcncc to the acquisition of land Tor the Board of Trustees for the Improvement of Hownh undcr the Land Acquisition An, 1894, determine I OT 1891.

from lime ro timc.

l'otvcr lo

makc rules fur Tribunal.

75. (I) The President of [he Tribunal may, from rime ro timc, with ~ h c previous sanction of the Stare Govzmmcnt, make rules, no1 repugnant to the Code of Civil Procedure, 1908, for rhc conduct of business by h e A C ~ vof Tribunal. 1908.

(2) All such rulcs shall be published by norificaiion.

. 4 ~ ~ d a t 76. (1) For rile purposc or determining the orvnrd to be made by the Tribunal undcr the Land Acquisilion Acr. 1894,-

drtcmincd. ') i f there is any disagrccmcnt as l o rhc mcasurcmcnt of land, or the arnounl of cornpcnsation or costs to bc allowcd, the opinion of the majorj~y oilhe members o r rhc Tribunal shall

prcvnil;

(b) questions relating lo the delerminalion of the persons lo whom compensalion is payablc or rhc apporconmcnt OF

compcnsa~ion or the invesrmcnl o i money deposircd in

respect of Iands belonging to pcrsons who have no powcr lo alienare Ihc lands may be rried and dccided in the absence

of the assessors if thc President of [hc Tribunal considers lhcir presencc unnecessary; and when so tried and decided. Ihc decision of the Presjdeni shall be deemed to be Ihe deciqinn nF l h ~ Trih~innl. nnrl

The Howrolr It~zpmvetwet~t Acr, 1956. XIV of 1956.1

(Clinp~cr 1K-Acqtrisirion nrtd Disposal ojLonr1.-Sectio~t 77.)

the decision on all questions of law and proccdure shall rcst

solely with the President or [he Tribunal.

12) Evcry award of the Tribunal and every order madc by the~ribunal for [he payment of moncy shall be enforced by the Courl of lie Disuicl Judgc oEHownh as if it werc a dccrcc of [hat Coun.

77. ( I ) An appeal shall lit to the High Court Irom an award made AP@,

under [his Chapler, in any of the following cases, namcl y :-

(a) where thc dccision is that o l the President of rhc Tribunal silting alone in pursuincc olclause (b) of sub-seclion ( I ) of section 76;

(b) where [he dccision is that of the Tribunal, and

(i) [lie Presiden~ of h e Tribunal granrs a cenifrcate that h e case i s a fil one for appeal, or

(ii) the High Courl grants special Icavc to appeal:

Provided [hat thc High Court shall not grant such special Icave unless the Prcsidenl of the Tribunal has reruscd lo grant a ccrtificalc under sub-clause (i) and [hc amounl in dispule is not lcss than five ihousnnd

rupces.

(2) An appcal under clausc (b) of sub-section (1) shall on1 y lic on

(one or nlorc of) the following grounds, namely:-

(i) rhc decision being conu-ary to law or to some usagc having the force 01 law;

(ii) thc dccision having railcd ID determine some malerial issuc of law or usagc having tile force OF Iaw;

(iii) a substantial error or defect i n the proccdure provided by

I I)[ 1591. ~ h c Land Acquisition Act, 1894, which may possibly havc

produced error or defcct in thc dccision of [he case upon

the mcrits.

(3) Subjcct LO rlle provisions of subscclions ( 1 ) and (2), thc provisions

ACI V or of !he Codc of Civil Proccdurc, 1903, wilh respect ro appeals from original

1906. dccrces shall, so far as may be, apply to appeals undcr this section.

(4) An appcal under this scction shall be deemed (o be an appeal undcr thc Codc of Civil Procedure, 1908, within the meaning of article

Ix of 19US. 156 of rljc First Schedule 10 lhc Indian Limi~adon Acr, 1908.

( 5 ) Thc Court of llie Districl Judgc, Howrah, shall, on applicntion.

execulc any ordcr passed by [he High Court on appeal under this Act as i f it wwrp n dm-rrr nf ihgr rnllrf

Sr.~rt

Go\'crryllclll

rn:iy ap$in~ I ~ L ' Tnbunnl for Cnlcu~ra ro bc 11v 'Tribunal Tor I4umth.

The Ho~~.ralt It ~p~wvertretrr Acr, 1956. [Wcst Ben. Act

(C11q)ter IP-Acqllisiriot~ a~ld Disposal of lnrvh- Sec!iorrs 78. 79.)

78. Notrvirlis~mding anything contained in sections 69, 71 and 72, thc Slate Govcrnme~lt may, by notificnlion, dircct thal ihc Tribunal conslitu~ed undcr sec~ion 70 of the Calcutta In~provemen~ Act, 19 I I , for Ben, Ac! V of 1911. performilig the luncrions or the Court in reference to 111e acquisi~ion of land for the Board of Trustccs for h e Improvenlent or Calcutra shall in

additiun to thc durics assigncd to it undcr the said Act, perform the

runclions of lhc Courl, in rcfcrence to [he acquisition of 1a11d for the Board or Trustrcs for the Irnprovcmenl of Howrah; nnd thereupon all

rtfercnccs ro rhc Tribunal in this Act shall be conslrucd as references in the said Tribunal as if the said Tribunal wcre constiturcd undcr

scction 69 or this Act.

Abu~don- 79. ( 1 ) In any case in rvhich the Slatc Government 113s sanaioncd

tnml or acquisi,iun ^I^~^C acquisilion or land, in any area comprised in an improvement scheme

inconsidcn- which is no1 requircd For ~ h c xeculion OC h e schemc. the owncr or the tion o i

s&rid land, or any person I~aving an inrcrcsl lherein, may ~nakc an applicalion

pfi?'nul", LO [he Board, requesling that the acquisition o r the land should be abandoned in co~~sidera~ion of [he payment by him of a sum to bc f ixed

by thc Board in ~har behaIi.

(2) 'Jhr: Bnard shall admit cvcry such application if it-

(a) reaches them bcfore h c time fixcd by Be Collector. under scction 9 or rhe Land Acquisition Act, 1894, [or making l of I 891. claims in rcrcrcnce lo h c land, and

@) is made by all persons who have jnlcresb in rhc land greater than a leasc for years having seven ycars lo run.

(3) If the Board decide to allow any such application, they shall forthwith inform the Collector; and h^e Colleclur shall thereupon slay For a pcriod of tlucc months all further proceedings for rhe acquisilion of \he land, and the Boxd shall procccd to fix thc sum in considcra~ion of which the acquisition oi thc land may bc abandoned.

(4) Wi~hin [he said period of t h e e months, or. with [he permission of rhc Board, ar any lime bciorc [he Collcclor has takcn possession or h e land, undcr section 16 of thc Land Acquisition Acl, 1894, rllz pcrson

from whom thc Board have arranged to acccpl thc sum so fixed may, i f

h e Board are satisfied thal rhc security offcred by him is suficient, execute an agrcenlznl with the Board, eilher-

(i) to pay thc said sum three years after the d a ~ c of the npreemenl, or

The Ho~rrah I~l~provenrn~r Act, 1956. X W of 1956.1

(C l~np~er IV-Acquisirion ottd Disposal of Lotrd.-Sectiorr 79.)

(ii) lo Icavc the said sum outstanding as n chargc on his interesl in h c land, subject lo the payment in perperuity of inrerest

aL such rate no1 cxcecding '[lcn per certrrun per ar~nraa] as r l ~ e Stale Governmenl may fix by notification, and to make the first annual paymenr of such intcrcst four ycars aftcr rhc

date of the agreemenl:

Provided t h a ~ lhc Board may, at any time before rhe

Collector has taken possession of Ihe land under section 16

af rhe Land Acquisilion Acl, 1894, acccpt immedialc pilymcnt of he said sum inslead of an agreemenl LIS aforcsid. ( 5 ) When any agreemenr has bccn cxcculcd in pursuance of sub-

scctifln (4), or when any payrnenl has been acceplcd in pursuance of the proviso to thal sub-sccdon, in respect of any land, h e proceedings for

[he acquisi~ion of [he land shall bc dccmcd to be abalidoned-

(6) Every paymcnr duc from any person under any agreemenl cxccuted under sub-secuon (4) shall bc a chxgc on the intcresl of lhal pcrson.

(7) If any instalmenl of jnrcrcst pay ablc undcr an agreement executed in pursuance of clausc (ii) o r sub-section (4) be not paid on the date on which it is due, h e sum fixed by thc Board under sub-section (3) shall be

payable on that date, in addhion lo rhc said instalment.

(8) A1 any rimc ahcr an agreement has been executed in pursuance of clausc (ii) of sub-secrion (4), any pcrson may pay off the charge created thereby, with intcrcsr, at the rale fixed under the provisions of that clause up to the date of such paymcnt

(9) Whrn an agrecmenl in respecl of any Iand has bccn executed by

any pcrson i n pursuance of sub-sec~on (4), no suit with respect to such

agreement shall bc brought agains~ [he Board by any oher person (except

an heir, execulor or administnlor of 1he person firs1 aforesaid) chiming

to have an interest in thc land.

(10) Whcn an application has been madc undcr subsection (1) and

llic Board are of opinion that [he whole or any pan of thc land belonging to ~ h c applicant is no1 requircd for he cxccution of the schernc bur that il

i s necessary hut some adjoining land should be purchased by h c applicml and amalgamntcd with his land or thc porlion not so required, in order lo conform LO rhc genera1 layou1 of h e schcme, h e y may permil h e applicant to execule an agreement to purchasc [he adjoining land abovementioned and may at rhc s m c ljme tix a fee in consideration of 'flit tvo& wirhin hc squarc brackets were subsururcd lor Ihc tvords " s i ~ per ccrirurrr per atrn~rm" by s. 33 of h c Howmh Improvemenr (Amcndrncn!) Acl, 1983 (West Ben. A r l Xl Ill nf 19R11

[West Den. Act which !lie land no! required ror the execution of the scheme may be excmpted horn acquisition. Thc price of the land sold together with the

sum fixed as cxcrnp~ion k c shall lhcn be dcalt with i n the manner provided in sub-scclion (41, and if rhe whole sum payablc or any part of

it is kepl outstanding, it shall bc sccured as a chargc on h e applicanl's inleres~ in thc lola1 area of thc land sold to the applicant and of the land

exempted. Sub-seaions (S ) , (7) and (8) shall apply to such agreemcnrs

i n the samc manner as in thc case of toial abandonment under thc

foregoing provisions of h i s section. Bctlennnrr fee.

80. ( I) When by [he making of any improvemen[ schcmc, olher rhan a scwagc disposal schcmc any land i n he area comprised in the schcmc

which is not rcquired for thc execulion thereof will, in h e opinion or thc

Board, be incrcascd in value, thc Board, in framing the schernc, may, in lieu of providing for Ihc acquisition of such land, declare [hat a bcuermenl fee shall be payablc by the owner of hc land or any person having an

inkrest therein in respect of ~ h c incrcasc in vlaue of the land rcsulling from the cxccurion of the schemc.

(2) Such betrcrmcni fee sliall bc an amounl equal to one-rhird of thc incrcasc in value of thc land rcsul~ing from the excculion of [he

schctnc, and sllall be calcularcd upon rhe amount by which the vlaue of 111e land on rhe complclion of the execution or hc scheme estin~atcd as i f thc land wcre clear of buildings cxcccds [he value OF thc land prior

ro Ihc execulion of the schcmc eslimaled in like manner.

h'cslicnl o l k ~ t c m r c n ~

81. ( I) Whcn it appears to lhc Board that any particular scheme is

fcc by sufficiently advanccd lo enable thc amount or rhc bctlcrmenL fee to be

~oard, deterrnincd, thc Board shall, by a resolution passcd in this behalf, declare ha^ Tor tllc purpose of determining such icc thc cxccu~ion of [he scheme shall bc deemed to have been complctcd and shall lhcrcupon give notice

in writing lo every pcrson on whom a no~ice in rcspecl OF the land lo bc

assessed has bccn scrt~cd under clause (i) of sub-seclion ( I ) or sccrion 47 that thc Doard propose to assess the amount of thc bct~crrncnt fee payable in respect of such land undcr section SO.

(2) The Board shall [hen assess [hc amount of betterment fec

payablc by cach pcrson concerned after giving such person an oppor-

runiiy lo be heard and such person shall, within ltrree rnonlhs from thc dale of reccipl of norice in writing OF such assessment From ~ h c Board,

inform thc Board by a declaration i n wiling whether he acccpls or

dissenb from the assessmenr.

(3) When [he assessment proposed by he Board is acceptcd by

lhe person concerned within the period specified i n sub-seclion (2),

1 . .. . . .1 . .11 1 . . r . 1

XIV of 1956.1 (Clruptcr IV-Acqrlisifiorr arrd Disposal oJLarid.--Sectiorr 82.)

(4) I f thc person concerned dissents from the assessment made by [he Board or fails lo give the Board h e informarion reqlrircd by sub

section (2) within h e pcriod specified herein, the matter shall be delermincd by arbjlra~ors in rhe manner provided by secdon 82.

82. (1) For [he dctcrmination of h e mailer referred lo in sub- Sctdcnwnl olbcnennenl section (4) OF secrion 8 1, Lhc SI~IC Government shall conslilute a panel rfcby

of arbitrators consisting of two pans, he first pas of which shall bc dirmors.

cornposcd of persons having special knowlcdgc of Ihc valuarion of land and the second part of orhcr suitablc pcrsons.

(2) When the Board havc, in accordance wilh the provisions of section 8 1, assessed the amount of kucrmenr fee payable by all persons in respecl of land in h e arca comprised in the scheme, the Board shall serve a nolice on all thosc pcrsons who havc dissenied from the assessmen1 made by the Board, requiring hcm to mcct ar such time and place as may be fixed by thc Chairman for Ihc purpose of elecung an nrbitrator.

(3) For each scheme therc shall bc a body of two arbilrators, one of

whom shall be elected by vorc by h c persons presenL at the meeting

rcrcrrcd to i n sub-scclion (2) from one pan OF the pancl, and rhc orher shall be appointed by (he Starc Govcrnmenl from the oher part of the

panel:

Provided [hat for the purposes of a particular scheme the State Covernrncnt may, prior to the eleclion referred ro in this sub-scction, if

it thinks Lil, modify either part of the panel.

(4) In thc evcnl of a difrerence of opinion on any matter betwecn Lhc ~ w o arbiualors, a rhird arbib-ator who shall act as an umpirc shall be selected by 101 from the first pad of the panel, and Ihe decision of the umpire on [he marter shall bc final.

(5) If an slrbiirihlor dics, resigns, bccomcs disqualified, is removed undcr sub-scction (6), or rzfuses lo p e h r m or in h e opinion of thc Smle Govcrmnent neglects ro perform or becomes incapable of pcrrorming his hnclions, the authority who elcctcd or appoinlcd him shall for~hwilh clccr or appoint a f i t person to takc Ihc placc of such arbimlor.

(6) If the Stale Government is satisfied aRer such inquiry as il rhinks

fil ~har [he arbirrator has misconducted hirnselr, it may rcmove him.

(7) When an award has been made under [his scclion by [he arbiuarors or thc umpire, as thc case may be. thc award shall bc signed by thc arbiaators or thc umpirc, as the case may be, and shall be

rorwarded by the arbitrators to the Baard, and such award shall, subjccl lo the provisions of sub-section (S), bc final and conclusive and

hind in^ on all ncrsons.

B o d lo givc noolicc 10 pcl3ons liable ro pllyrrrnt of hcllcntbcnl

CM.

The Howmh i ~ ~ ~ p m v e n w ~ r Act, 1956. [West Ben. Act

(Chapter IK-Acqeisiriotr arld Disposol of Ln1td.- Sectior~s 83-86.)

(8) IF the State Government is satisfied, aher such inquiry ns it thinks f i t , [hat an award has becn improperly procurcd or !hat an arbitrator has misconduc~cd himself in connection wilh an award, !hc State Government may set aside the award.

83. The Board shall pay to each arbitrator a fee 10 bc dclem~ined by

h c Statc Governmcnl in respect of h c whole OF [he schcmc for which his serviccs are ulilized.

84. No~withs!anding anything contained in any other enactment rhe proceedings of mbilrators under sec~ion 82 shall be governed by rules lo

bc made in this behalF under secuon 148:

Provided [ha1 cvery party ro such proceedings shall be entirled lo appcar before the arbitrators either in person or by his auihorised agcnt.

85. When the amount of all betterment Fces payabIc iⁿ rcspecl of land in h e arca compriscd in the scheme has been delemincd under

scction 8 1 or scclion 82, as the casc may be, thc Board shall, by a nolicc in writing ro be served on all persons liable to such paymcnl, f ix a dale by which such payrncnl shall be made, and interes! ai hc rate of six per cerrtrrnr per arv~ttnr upon any mount ouhtanding shall bc payable from that datc.

86. ( 1 ) Any person liable to the payment of a beltennent fcc may, a1 his option, instead or making a payment hereof lo lhc B o d , execulc an agrecmcnt with h e Board Lo leavc the said paymcnt outstanding as a charge on his interest in hc land. subjcc t io the paymcnt in perpelu ity of interest at rhe rate of '[ten per certrrrm per anttun~], [he first annual payment of such intcrest lo be made one year from the date referrcd lo in seclion 85.

(2) Every paymcnt due from any Frson in rcspect of a bzltcrrnent fee and cvery charge rclcrred to in sub-section (1) shall, notwithstanding anyrhing contained in any other enacUnCdt and nolwithstanding the existence of any morlgage or orher charge whcthcr legal or equitable, be

the i-~usr charge upon h e intercsr of such person in such land.

(3) The provisions of sub-sections (7), (8) and (9) of secrion 79 relating, in the case of [he paymcnts rnentioncd in that section, to the non-payment of inslalmen~s of intcrest, the paying off of h c charge with inleren and the reslricljons in respect of suits against the Board, shall apply, ~t~urat is n~ritutldis, lo [he payment of !hc money payabIc under an 'The words wihin h e hzqum bnckets wre substi~u~ed lor lhc words "six per ctnrunt per onnuni' by s. 34 of the How& Improvcmcnt (Arnendmenr) Act. I983 (West R m ^A^r^t YT IVT -^F I O*?I

The Ho~vrah in~provemex~r Act, 1956. XIV of 1956.1

(Cl~aprer ICI-Acquisitiotr artd Disposal oJLo11d.- Sectioris 87-89.)

agrecmcnt made i n pursuancc of sub-section (1) and of the interesl - payable i n respcct thcrcof.

Recove7 of special payxtietrts arld betrent~e~lt fees.

87. All moncy payablc in rcspccr of any land by any person under an R ~ o v e r y OF

agreement execuled in pursuance of sub-scction (4) of scction 79, or by zy"'&

any pcrson in rcspccl of a bcllennenl fee undcr sec~ion 8 1 or seclion 82, p u r s u ~ a : or

or by any person under an agreement eneculed in pursuance of sub- ;l:lE:'. section (1) of section 86, shall be recoverable by the Board (logeher 86.

wirh interest due, up to the dare of realizarion, which shall, i n Ihc case

of bellerment fee undcr scclion 81 or scction 82, bc at thc ratc of

[[ten per cetltrrrn per a~~rzrrrrr], from h c said person or his successor in Ben. Act 111 inlercst in such land, i n thc rnanncr provided by thc Calculla Municipal

of 1923. Act, 1923, as cxtcndcd lo ~ h c Howrah Municipalily, for the recovery of [he consolidated rate; and, if nor so recovered, ~ h c Chairman may, afler giving public noticc of his inlcntion to do so, and no1 Icss than one monlh aficr rhc publjcalion of such notice, sell [he inreres~ of the said

pcrson or his successor in such land by public auction, and may ddeducl

the said money and the expenses of the sale from- the procccds of rhe

sale, and shall pay the balancc (if any) lo ~ h c dcfaullcr.

88. Thc Board may dircct by what authorily any powers or duties 8oani to

incidcnr undcr the Calcuua Municipal Acr. 1923, as extended lo ihe gFier Hownh Municipality, lo the enforcement of any process for the recovery cnfonrmrnt

of the consolidaed rate shall be exercised and performed when thal $ ? r r ~ r y proccss is employed under secuon 87. oiduls.

89. If any land, in respccl OF which an agrecmcnl hiis bccn cxcculed Agrcc~ncnt

or n pymeni hiq bccn accepied in pursuancc or sub-scction (4) ofsccrion ~~~~~~r

79. or in rcspccr of which thc paymcnl of a bcrtcrrncnt fee has been acquisition

accepted in pursuance of sub-section (3) of seclion 81, or, has been ~~~~~~h made af!cr ib determinauon under seclion 82. or in respect of which an agrccmcnr for such payment has bccn execurcd under section 86, be subsequcntIy rcquircd for any of thc purposcs of [his Acl, (he agreemenl

or paymcnt shall nor be deemed l o prevent the acquisition of rhc land in pursunncc or a iresh declaration published under seclion 6 of the Land

1 01 189-1. Acquisition Acr, 1894. 'Thc words ivilhin the squm bnckcts wcrc subsriturcd for rhc rvords "six per cenrlrnr per rrr~nirrrr" by s. 35 or the Howmh Improvcmcnr (Amendment) Acr, 1983 (\Vest Ben. Acr XLIIl o f 19831.

Tile Ho~vralr Ir~rptvve~r~ er 1 A cr, 1956. [West Ben. Act

(Clraprer IK-Acqrrisirioli atrd Dispowl oJLotid.- Secriotu 90, 91.)

Disposal of land

90. (1) The Board may rctain, ormay let on hirc, Icase, sell, exchangc or orhcrwise dispose of, any land vested in or acquired by lhcm undcr this ACI.

(2) Whenever the Board decide lo lease or sell any land acquired by them under Ihis Act from any person. ~ h c y shall give noticc by

advertisement in local newspapers. .

l(3) No~\vilhslanding mything con~aincd in sub-seelion (2) or in any

othcr provision O F this Acl whcn =[the Sutc Governn~ent or n Govcrnmenl undertaking or] the Calcultn Metropolitan Developmenl Aulhority cons~ituted undcr the Calcutta Mctropoliran Dcvelopmenl Aurhorily Ac!, 1972 (hcrcinaher referrcd to as the Au~hority) or the W c s ~ Bengal Housing Board constiluted undcr the West Bcngal Housing Board Act, 1972 (hereinafter referred ro as h c Housing Board), requires any land vcstcd in or acquired by the Board under this ACI, for cmying out any of

thc purpobes of h e ACI undcr which thc Authori~y or the Housing Board, as [he casc may be, was constilured, the Auihority or the Housing Board, as Ihc case may bc, may ask [he Board to-let on hirc, lease, sell, cxcllange or otherwise disposc of such land to itself and ~ h c Board shall comply with such demand and h h w i t h rransfcr possession of such land in favour of rhc Authorily or 1hc Housing Board, as the case m a y be.

'(4) The amounL of consideraLion at which any land shall be Ict on hire, Icascd, sold, exchanged or orhcnviw disposed of under sub-scclion

(3) shall be such as may be agrccd berween the Authority or the Housing Board, as rhe case may be, and the Board, and if thcy fail lo

reach an agreemcnr, the parijes or any of hem shaIl refer the matter to the Srate Government and thc dccision of thc State Governmcnt hereon shall be final.

Wcst Bcn.

ACI XI or

1972.

\Vest Ben. Act XXXIl

01 1977,.

91. Nothing in rhc Calcutta Tlrika Tenancy Act, 1949, or in rhc West ^W^wBen, Bcngal Non-Agricultural Tcnnncy Acl, 1949, shall apply 10- ACI 1949. I^t^of \VW Bcn.

(a) any land vcstcd in, or in thc possession of, the Board; or A C ~ X X O F

1949.

(b) any land which is required lot carrying out any of [he provisions of this Act; or

( c ) any land held by any lenanL under the Board.

lSub-wctions (3)yld (4)wrrekncd by s, 36 orthe How& Impmvcrnen~ (Armndml) Act. I983 (Wesl Ben. Act XLUIof 1983).

'Thc words wilhin Ihc square bnckcls \treere inscncd by s. 29 olrhc How nh Impmvcma (Amendmcnr) Acr, 1995 (M'cst Ben. Act XV 01 1995).

XIV of 1956.1

CHAPTER V.

Taxation.

92. ( 1 ) The duly irnposcd by thc Indian Stamp Act. 1899, on Dulyon nslrumenls of sale, gift and usufruc luary mortgage, rcspeciivcly, 01 :z,"of mmovable propcrly shall, in [be case of i n s u u ~ n e n t s affccling imnlov- i-ovhlc ble prupcrly s i luatcd '[in any area within rhc jurisdicl ion of thc Howrah^P^m^V^q^.

llunicipal Corporaljon or of any Municipalily of Howrah] and executed In or afrcr the comrnenccment of this Act be incrcased by two per , e ~ f r u ~ ~ l on the value of the propcrly so siiualed, or (in thc case of a s u f r u c ~ u a r y rnorrgage) on the amount sccured by the insu-ument, as CI forth i n the insuumcnl.

(2) All coIleclions resuldng from the said increasc shall, after cducling incidental cxpenscs (if any), he paid lo the Board at such

ime as may be prescribed by rule made undcr section 95.

93. ^{( I}) For the purposes of sec~ion 92 of this Acr, seclion 27 of thc Parriculm Indian Sramp Acr, 1899, shall be read 3s if i t specihcally required the

particulars referred to thcrcin to be sel fonh sepamlcly in respect of- bmulncnE

(a) property situaled in ?Iany arca within the jurisdic~ion or the ^n&g msrcror Howrah Municipal CorporaBon or of any Municipalily of pmpeny. Howrahl, and

(6) propcny si~ualed outside 2[any area within the jurisdiction of Lhc Howrah Municipal Corporarion or of any Municipdiry of Hawrah].

(2) For (he purposcs of section 92 of this Act, scclion 64 of h e Indian Slamp Acr, 1899, shall be read as if it rcfcrred to thc Board as well as h e

Govcrnment.

94. One-half share of rhe customs duly on jule rcceived by [he Disuiblrlion Board of Trurtccs for he Improvemenr of Calcuira undcr sub-sccuon (2) f:;::' Rcn. A C ~ v O ~ S C C L ~ O ~ 84 of the Calcurla Iniprovement Act, 19 1 1 , shall be lransferrcd, !xponsor 0F1911. ;, oflen as i! is received by [he Board of Trustees for [he Improvemenr lute.

or Calcutta, to dle Board established under this Act. 'The words "or thc Bally Municipali~y" were first inscnd by s. 37 o i rhc How& In~provcmenr (A~ncndmcnt) Acl. 1983 (MSI Ben. ACI XLLll or 1983). Thercaircr, the words {vi~hin rhc squxe brackrrs W C ~ C substi~u~cd for the words "in thc Hownh Municipality or the Bally Municipality" by s. 30 o r thc Howrah Irnprovcmenr (Amendn~cnr)Avr. 1995 (Wcsl Ben, Acr XV of 1 W5).

?The words "and rhe Bzlly Municipali~y" were first inserted by s. 38 of rhe Howrah lrnprovemcnt (Amendmcnt) Act, 1983 [West Bcn. Act XLIII of 1983). l'hcrcaltcr, rhe words within ~ h c square bnckers wcre subsri~u~ed for ~ h c words "the Howrah Municipalily and ~ h c Bally Municipality" by 5 . 31 or the Howrah Impfovemcnl (Antcndmen~) ACI, I995 (West Bcr~. Aci XV of 1995).

Slate Covcm~ucn~ In pay 10 thc Uovd 1

s h m o r ~ h t ncl prorrrds orthc

~cnnind

lay?

a s ~ p c d to it.

Tlr e Ho~vral~ It~~pmverr ~errt Act, 1956. [West Bcn. Act

S~rpplerrretrral Pmvisiorrs.

95. (1) Thc State Govcrnmenl may make 'rulcs For carrying oul lhc purposes of this Chaprcr.

(2) In particular, and wirhoul prejudice to he generaliry of the foregoing powcr, the Sure Governmcm may make mlcs for regulaling the collcction of r a w s imposed by this Chapter, and lhc paymenr thereof to rhc Board.

?95A. Thc State Govcrnnlenl may, lor thc eficicnl administration of lhis Acr or for such other rcasons as it lhinks fit , issue from time lo time, directions noi inconsistent with the provisions of this Act. to the Board nod the Board shalI carry out such directions. CHArrER VI.

Finance.

96. [(Cotlrribtrtions fmtrr Miulicipal Frutds).-0111il1cd by s. 40 of rlte Ho~rlralr Irrrprovealerrr (Araelrdrneat) Act, 1983 [IVesr Deli. Act XLIII of 19831.1

97. The S~arc Governrncnt shall pay to ~ h c Boud cvery financial year, on such bare or datcs as may be fixed by notificalion, a share \o be determined by Lhc Stale Govcrnment, of the nct procecds of so much of rhc tcrminal raxcs, if any, levied on goods or passengers carried by railway,

sea or air, wilhin the State of Wcst Bcngal and colleclcd by the Government OF India during rhc financial year next preceding ;~s may bc assigncd to the Slate Govcmnient under arlicle 269 of the Consri~ution of India.

98. The Board may from lime 10 rime borrow a[ such rale of interesl, m d rclr such pcriod, and upon such tenns. as lo rhc time and method or repaymcnt and olherwisc, as h e State Govcrnment may approve, any sum necessary for h c purposc or-

(a) mceling cxpcnditurc debitablc to thc capital accounr undcr seclion 133, or

(b) repaying any loan previously rilken undcr [his Acr. 'Fdrmlcs ndc incxcrc i~ofhcpower conrcrrd by d o n 9 5 lormqing wl Ihcpurposcs olChpicr V. see nolifiwtion NO. 65JIM3R4S156, daied 1hc21nd J~nuwy, 1957. of h c h l

SelEGowmnim~Dcpmrmn~. published in theCalcu~ruGi~re~re, da~rd the 3Isi Imuuy, 1957, P a l I. pagcs 454-57.

'Sccrion 95A w a inrrtcd by s. 39oTrheHownh hpmvemer~f (Amendrncnll Act, 1983 (Wcs~ 8cn.Acr XLlll of 1983).

XIV of 1956.1 The Ho~rtruh I)~rpivvet~~art Ac , 1956. 769

, .- .

99. Whenever h^e borrowing of any sum has bccn approvcd under Lows from

Banks. . . . - seclion 98, rhc Board may, instcad of borrowing such sum or any part thereof from rhc public, rake crcdi t rrorn any Bank. on a cash account to be kept in the name of the Board, [o the cxlenr of such sum or part; and,

with rhe previous sanction ofrhc State Govcrnmenl, may grant mortgages

01 311 or any propcrly ves~ed in the Board by way of sccuring the paymcnr

of thc amounl of such credii or of [he sums from ljrnc to time advanced on such cash account with inrcrcst.

100. When any sum of money h^zbeen borrowed undcr section 98 Divcoionol' borrowed

orsecrion99~orthepurposcofmeetingparlicularcxpendirureorrcpaying ,).,

a particular loan, a0 portion ficrcafshall bc applied lo any other purpose p w w s

wilhout the prcvious sanc~ion of the State Governrncnl. 0lhcr Ihm {how fin[ appmvd.

101. ( 1 ) Whcnever nloncy is borrowcd by h e Board on debcnlures, F O ~ ,

~ h c debenlures shall be in such loin^ as [he Board, with h e previous 2~Erh sancdon of the State Governmcnt. may from tirnc to time dercrmine. iransrernnd C ~ I af

(2) AH debcntures shall be signcd by the Chairman and one 011-ler dcknWh.5. Truslcc. I

(3) The holder of any dcben~urc i n any ram prescribcd under sub-scuion ( 1 ) may obtain in cxchnge [herefor, upon such terns as the Board may from lime to linic delemine, a debenlure in any orhcr form

so prescri bcd .

(4) Every debenturc issued by chc Board shall be rransrcrable by

endorscment, unlcss some other mode OF transfer bc prescribcd therein.

(5) The right to sue in rcspect of moneys secured by debcntures issued

by h e Board shall vest in thc rcspeclivc holders of the,deben[ures for ~ h c rime beins, withoul any preference by reason of somc of such dcbcntures

being prior in dare ro others.

102. All coupons allached ro dcbcnlures issued under this Acl shall Signa~urc of

bcar [he aignarurc of the Chairman; and such signalure may be engraved,

lirhographed or jmpresscd by any mcchanical process. deknrurcs.

103. When any debenturc or security issucd under this Ac[ is h y r i u n l s t o puyablc ro two or more p m n s joinrly, and eilhrr a r any of them dies. ~ ~ ~ L i ~ ~ ~ ~ , IXuf 187:. then, norwi~hslanding anything in sccrion 45 of ihe Indian Contract Act, 1872, rhc debcn~ure or sccurily shall be payable to lhc survior or survivors of such pcrsons:

Providcd [ha1 nolhing in this scciion shall affecl any claim by ihc represenlarive of a deceascd F r s o n againsl such survior or-survivors.

Rtccipt by joinr hgldcr for inr rnxi

ordividcnd.

t'riorily 01 p~yltk'rits for iolcresr and n.pdyl icnl a l ~ O U I S . Kc pay men1 0Cloms

rnlic~l undcr scclion 98. P o K ~ ~ [ o diszonr~nue pylncnrs inlo sinking funds.

The Hoivrutr ~ t r ~ p r n v c ~ ~ r c ~ r r A t, 1956. [West Den. Act

104. Whcre two or more persons arc joinl holders of any debcnturc or sccurily issucd under this Acl, any one of such persons may give an eUcc1ual receipr for any inrcrcsr or dividend payable in rcspect of such debcnlure or securiry, unless notict: to the contrary has been giveh lo [he Board by any othcr of such pcrsons.

105. All payrnenls due from the Board for intcrest on, or the repaymcnl of, loans, shall be made in priority to all olhcr paynrents due from the Board.

106. Every loan rnkcn by rhc Board under section 98 shall bc rcpaid within the period approved by h c Slate Governmcnr under [hat scction. and, subject lo rhc provisions of sub-secrion (2) of scclion 135, by such of thc following melhods as may bc so approved, namc1y:-

(a) lronl a sin king fund established under section 107 in respccl

or h c loan. or

(b) by payingequal ycarly or half-yearly instalmen ts of principal, or of principal and inrerest. throughoul lhe said pcriod, or,

(c) if h e Board have, before borrowing money on deben- rurcs, reserved, by public nolice, a power to pay o f f ~ h e loan by periodical jnstalrnents and to s e l e c ~ by lot thc parricular dcbenlures lo be discharged at pdcular pcriods- tltc~! by paying such insra ln~en~ ai such periods, or

(d) irom money borrowed lor h e purposc under clause (6) of section 98, or

(c) panly from hc sinhng fund cslablished undcr section 107 in respecr of h e loan, and par~ly from money borrowcd for the purpose under ciausc (b) of secuon 98.

107. ( 1 ) Whencvcr the Slate Government has approvcd [he rcpaymcnL of a loan from a sinking fund the Board shall establish such n fund and shall pay into it in cvery year, unrjl rhe loan is rcpaid, a sum so calculated that, if regularly paid lhroughout [he period approved by Ihe Slate Govemnent under sccuon 98, it would, w i h accumuladons in the way of compound inlecesl be sufficienr, h e r

payment OF all expcnscs, to pay off [he loan at the cnd of thar pcriod.

(2) Thc ralc of intercsl on [he bais of which the sum rcferred lo in sub-scction ( I ) shall be calculated shall be such as may be prescribed

by rhc State Government.

108. Notwithsranding anylhing conmined in section 107, if at any

time rhe sum slanding a l credil of thc sinking fund csrablished for [he

repaymcn! of any loan, is of such mounl hat, if allowcd to accumuIate

a1 he rate OF intcresl prescribed undcr sub-section (2) of hat scc~ion,

Tlr e Ho~oral~ b r ~ ~ r o v e n ~ e ~ l t Act, 1956. XIV of 1956.1

it will be sufficicnr tomrepay [he loan aL the end of the period approvcd by the Stalc Government under section 98, then, wirh rhc permission

or thc Srate Government fuurthcr annual paymcnts into such fund may

bc disconlinued.

109. (1) All money paid inro any sinking fund shall as soon as Inurslmnl possible be invested, under Ihc orders of thc Board, in- ofsinking funds.

(a) Govcrnmcnl sccuritics, or

(b) sccurirics guaranleed by the Cenlral or any State Govcrnrnent, or

Id) debcnturcs issucd by thc Commissioners for [he Porl of Calcurra, or

(e) (i) dcbcntures issucd by thc Board of Trusrces for the

improvcmcnl of Calculla, or

(ii) debentures issucs by Lhc Board, in [he join1 names of the Secretary lo thc Government of Wcsr Bcngal in the Finance Depanrnenl and Lhe Accountnt-Gcncral, \Vcsl Bcngal,

lo bc held by them as trusrccs for rhc purpose of repaying, from time ro timc, thc dcbenturcs issued by thc Board of Truslces for the improvement of Calcurla or by the Board of Truslees for [he in~provement of Howrah, as the case may be.

(2) All dividends and olher sums received in respect of any such inves~ment shall, as soon as possible aAer receipt, be paid into the appropriate sinking fund and invested in the manner prescribed by sub-section (I ) .

(3) Any invcstmenl made under lhis secuon may, from lime to lime, subject to the provisions of sub-seclion ( I ) , be varied or mansposed.

110. Thc aforesaid uustccs may from time to time appIy any sinking Applicaion

fund, or any pan hereof, in or towards thc discharge of the loan or ~ ~ ~ ~ ~ ' ' ~

any pan of the loan for which such fund was established; and until such loan is wholly discharged shall not apply the same for any orher purpose.

111. (1) Thc aforesaid lruslccs shall, at he end of every financial Annual year, mnsmit to he Chairman a slaternent showing- smenlenlr by Lnrsrees.

(a) the amount which has been investcd during h e year undcr --. scction 109,

(b) lhe date of the last investment madc prcvious lo thc ~ransmission of the statcrncnl,

The Holvralr l~~~proverrrer~t Act, 1956. [West Ben. Act

(c) the aggrcgatc amount of he securities held by them,

(d) the aggregalc amount which hu,. up to the date of h c statement, been applied under secdon 1 10 in or townrds repaying loans, and

(e) [he aggregate amount already paid into each sinking hnd.

(2) Every such starement shall be laid before h e Board and published by no~ifica~ion.

Annual 112. (1) Thc Board shall mainlain a propcr accoun! of every sinking cxaminaion

ocainl;ing fund established under section 107 and evcry such fund shall be subjecl ru~lds. lo annual examination by [he Accounrant-Gencral, West Bengal, who shall ascer~ain whether rhe cash and the current value of the securities 3t credit of such funds are acrually equal to the amount which would havc accumula~cd had invcsrmenls been regularly made and had the

rate of intercsl as originally cslimnred been oblained rhzrefrom.

(2) The Board shall forthwith pay into any sinking fund any amnunt which rhc Accounlant-General, W e s ~ Bengal, may cerriiy lo be deficicnr, unlcss thc Slate Government specially sanction a gradual readjuslment:

Providcd that not withstanding the exislence of a deficiency in any sinking fund he Accountant-Gencral, Wcst Bengal, shall no1 ceniry rhe

deficiency if the cash and the current value of all h c sccurities in all thc sinking funds at [he time of the examination are equal to the amount mcntioncd in sub-scction (1).

~ r w d u r t l f 113. I l the Board fail-

b o d fail to

mal:~ any (3) to pay any interest due in respect of any loan takcn in paymenr or

invcslri~ni pursuance of section 98, or

ill rcspccr of loms. (b), to makc any payment prescribed by sccrion 106. scction 107 or sub-scction (2) of section 112. or

(c) to make nny invcs~rncnr prescribed by section 109, h e Accounrant-Gcncral. West Bengal, sl~atl make such payment or set aside and invcst such sum as ough~ to have been invesled under [be said scction 109, as the case may be; and the Stalc Government may atrach [Ill: rcnts and other income of the Board; and thereupon the provisions of sub-section (2) of section

118 of [he Calcutta Municipal Act, 1923, as cxtended to the Howrah Bcn.AclII1 Municipality, shall, with all necessary modificauons, be deemed lo o"''~- apply-

1L4. [(P~nccd~rre Cosaniss io~~~rs of Hoa:rok M~rr~icipalify fail to nmke nrty paynellr drre to Bond)-Onrirred by s. 32 of rlre Ho\vrah Itt~pru~~~~ttrctri (Arac~~dtrrerrfJ Act, 1995 (Wcsr Ben. Act XV of 1995).]

115. All moncys payablc undcr section 113 shall conslitule a chargc PayrmnB upon rhe propcrty of ihc Board. undcr scclion 113

lo bc a

c h q c on

' the pmpny

or the B o d .

116. If any moncy borrowcd by he Board rrom the State Government or any in~crest or costs duc in rcspect Ihercof, is or are not repaid

according to thc conditions of [he loan, the State Governmen1 may

auach the renu- and othcr incomc of h e Board or any par1 thereof or any properly of the Bowd, and ~hurcupon thc provisions of sub-seclion

Den. Acr 1 1 1 (2) of scclion 1 18 of I^~^C CnIcutta Municipal Act, 1923, as exlended to

o""" [he Howrah Municipaliry, shall, wirh neccssmy rnodificaBons, he deemed

ro apply. Promdun: ii B O ~ r i l s

rorcp3y

'loans

obdncd

horn the Smle

Govcm-

117. ( 1 ) The Chainnun shall, at a spccinl mccling ro bc held i n k e L1imare.s of I monh of F e b r u q in cnch yew. lay belore [he Board an erlirnvle of the ~ ~ , ~ ~ i ~ ~ I income and expenditure of the Board for the next ensuing financial ycw. 10 bc laid annually

(2) Evcry such cs~imatc shdl make provision for the due fulfilmen[ kfoxlht: ! of all the liabilities of the Board and for h e eflicient administration of h i s ACI.

(3) Evcry such cstimatc shalI differentiate capital and revenue funds, and shall bc prcplued in such form, and shall conrain such details, as chc Srarc Govcmmcnt ar thc Boxd may from rimc 10 time direct. (4 ) Evcry such cslimatc shall tw: complckd and printcd, and a copy hereof sent, by posl or othcnvise, to tach Truslcc, a1 lcast ten clear days before he date of the meeting aL which the eslirnare is 10 be laid before the Board.

118. The Board shall consider every estirnale so laid before [hem, SmctionoT Board to and shall sanction he same, either without alterarion or with such --,a,

alrerations, as [hey may think fit.

. .

Every such eshmare, a sanclioncd by rhc Board, shall be Appmvdol

the Slare Govcrnrnen~, who may, at any drnc within two receipt of the same,- to C^S^I^~^I^C^S^.

(a) approve he estimale, or

(b) disallow !he estimate or any porlion rhcrcoi, and rcturn ~ h r rcr i rnn~r In r h ~ Rnnrd fnr nmrnrlmrnt

rile Holvra11 I~~rprnvm~errt Acr, 1956. XIV of 1956.1

(4) Whenevcr any sum exceeding five ihousand rupees is cxpcnded

under clausc (e) of sub-seclion (3), the Chairman shall forhwith reporl

the circumslances lo the State Govcmmcnr, and shdl at the sane time explain how [he Board propose lo covcr h^ccxpcnditure.

124. All moneys payable 10 thc Board shall bc rcceived by h e Rcceiptsof

'[Chief Execulive Officer], and shall fonhwith bc paid inlo [he State rz;;rd Bank of India, or any othcr Bank approvcd by thc State Governmen[ Slate Bank

to rhc crcdit of an account which shall bc slylcd '*The Account of the

Truslecs for [he Improvcmcnt of Howrah.

125. (1) Surplus moneys at thc credit of the said accounL may from In\*cslnlmr of surplus timc to time be- nioncy.

(a) deposited a[ intcrcst in [he Sratc Bank of India or in any

other Bank approved by rhc Slare Governmenr in this i

bchalF, or^I

(b) invested in any of the securilics or debcnturcs mcnrioned

in sub-sec~ion (1) of seclion 109 of this Act or in section i 20 of the Indian Trusrs Act, 1882.

(2) All such dcposits and investments shall be madc by thc '[Chief

Exccu~ivc OTficcr] on bchalf of, and with the sanction of, thc Board; and, wirh thc like sanction, [he =[Chief Executive Ofliccr] may a1 any ii~nc withdraw any deposil so made, or dispose of any secudtics, and rcdcposit or rcinvest the money so withdrawn or the procecds of he

disposal of such securities.

126. ( I ) No payment shall be made by any Bank oul orlhc account R y ~ l r n t s b y

referred lo io section 124, cxccpi upon a chcquc. chcquc.

(2) Payment of any sum due by rhc Board cxcccding one hundred rupees in amount shall be made by mcans or a chcquc, and not in any

orher way.

127. All ordcrs tor making any deposit, investment, wilhdrawal or Signatu~of disposal undcr sccdon 125, and all cheques referred lo in secdon 126. ;:i":g must be signed- and chcqucs.

(a) by [he >(Chief Executive Officer) and the Secretary to thc Board, or

'Tlic \vords wilhin Lhz square b m c k c ~ wen: substituted Cor thc word "Chairman" by s. 34 of h c How& Improvcmcnt (Amcndmcnr) Act. I Y Y S (Wcsr Ben. Act XV of t995).

:Tkc \voids within llic squarc bnckcts wen: subsritu~cd Tor ~ h c word "Chaim" hy s. 35, ibitl.

'The words within the firs[ bnckeis were subslitu~ed ror the word "Chirrnan" by

< 76 :t . : , t

~ U I Y O ~

Chairnun

and oikrs

Idore

signing ckqoc. Accounlsof ~ c c i p l s md disbunc-

Ilicnrs how to k kcp1.

The Ho~vmli Llrprovenrerrt Act, 1956. [West Ben. Act

(b) in h e cvcnt of the illness or occasiona1 absence from Howrah of h e Chairman or the Secretaq, thcn by thc Secretary or 111e Chairman, a h e case may be. and '[by an oificcr or the Board authoriscd by the ?(ChiefExecu[ive Oficcr) in this behalf.]

128. Before the ?(Chief E?;zcutive Officcr) '[or [he Secre~ary ro h e

Board or thc Ollicer of tlie Board auhoriscd by the 3(ChieF Executive Officer) in ais bchalfl signs a cheque undcr section 127, he must salisfy himscIf that the sum for wluch such cheque is drawn is eilher requircd for a purpose or work specifically sanctioned by the Board or i s an ilcm of one OF the exceprcd descriptions specified in sub-section (3) of sccrion 123.

129. Subjcct to any rulcs made by ~ h c State Governmenk in [his behalf, accounts of receip~s and disbursemcnls of the Board shall be kepl in such manner and in such form as the Board may from timc to time prcscribe by rule made undcr section 149.

Lkfini~ionor 130. (1) The expression "cast of management', as uscd in lhe

"cost of following sections in dlis Chaptcr, means-

(a) the salary and hous-rcnt and [he conveyancc allowance (if any) of the Chairman or axing Chairman, and the allowances and contributions referrcd to in sub-section

(2) of secljon 7;

(b) all fees p i d undcr section 19, for rrt~cndaocc at meetings;

(c) [hc salaries, fees and dlowanccs of, and the conlribulions

paid undcr sec~ion 155 in rcspccl of, oficers and servants of the Board including persons cmployed for the coHection of thc rcnts and other proceeds of land vesled in h e Board who are includcd in starernen& preparcd under seclion 27;

(d) h e remuneration of ohcr employees or thc Board, excepr ernployccs whose pay is charged lo lemporary work; 'The words within the square bmckels wen: subs~iiuied lor Ihr: words "by a Trustec other rhan itic Chairman" by s. 43 of the Howrah lmprovcrncnt (Amendment) Acl, 1983 (\Ves1 Bcn. Aci XLIlI 01 1983).

:See foo~.nott: 3 on p a p 223, unre.

'Thc words wirhin the iinr bnckcrs wcrc substi!utcd for dic word "Chdrman" by s. 37 of [he H o w d lrnpmvcmznt (Amendmcnr) ACL 1995 (\Yes1 Bcn. Aci XV of 1995). 'The words wilhin thcsqum b n c k e ~ \ ~ ~ c a substituted for rhc\r.ords "orany otherTruscee or lhc Secrrrvy ra the Bod"by s.44 ollhc Hownh lmprnvemcnl (Amcndn~nt) Act, 1983 (\Vc~rcr Ben A r l Y l 1II n l 19R1)

T1re Hoivrah Itr~prove~~~enr Acr, 1956.

XIV OF 1956.1

(I) all ofice expcnscs incurred by rhc Board or tile Tribunal.

(2) Thc cxprcssion "office expcnscs", in clause (0, mcans expenscs incurrcd for canying on ofiice work, including 11ic rcnt of oficcs, h e provision of furniture and 01 cquipmcnl herefor, the purchase of books. charges Tor prinling, pllolognphing, preparing modcls and slationcry.

131. ( I ) Ttie Board sllall keep a capital account and a revenuc Kccpinsoi capital accoun1. accounl md

(2) Thc capilal account shall show scpara~ely all expenditure incurrcd ztz, by ~ h c Board on each improvcmcnt scheme. .

132. There shall bc crcdi~ed lo lhc capiral account- Credirs ro wpid

(a) all sums (cxccpt inleresl) rcccivcd by way of special payments account.

for bcitcmcn~ lees in pursuancc of seclions 79, 80 or 87; i

(b) all moneys rcccived on account of loans raken by the Board 1

in pursuancc of scclion 98 or scc~ion 99; 1

(c) [he proceeds of the saie of any land vcsted in [he Board;

(d) thc proceeds oF1hc s d c of any movable propcny (including securities for money invested irom thc capital account)

belonging to the Board;

(I) all prcmia received by thc Board in connection with leases; (g] all sums (if any) which thc Stale Govemmcnr direcls,

undcr sub-section (2) of scction 135, to be crcdircd to h e

capiral accounr; and

(11) all moneys resulting from the sale of sccurirics by direction of rhe Slate Govcmment under section 136.

133. Thc rnoncys credited lo thc capital account shall be held by Applicaion

[he Board in t n r s ~ , and shall bc applied to- of c^a^pⁱ^daccounl.

(a) meeling all cosrs or frarning and executing improvement

schemes;

(b) meeting thc cosr of acquiring Iand for carrying out any

of the purposes of this Act;

(c) rneering [he cost of constructing buildings required for

carrying our any of thc purposes of [his Act including buildings requircd For accommoda~ing the offices for carrying on the work of the B o d ;

[\Yest Den. Act

(d) t l~e repayment or loans from money borrowed in pursuancc of clausc (b) of scction 98;

(0 rnccting such proporlion of the cosl of managcmcnt as h e

Board may, with thc sanction of [he State Government,

prescribe in this bchaIC; and

(g) ~emporarily making g o d the deficil (if any) in thc rcvenue account at thc end of any financial year.

Crcdits tu 134. There shall be crediled lo h c revcnue account- mvcnuc

PCEOU~I. (a) all intercst reccivcd in pursuance of scc~ions 79. 86 or 87;

(b) ali procecds reccivcd by the Board or [axes imposed by Chapter V;

(c) all sums conlributed from Municipal Funds which art:

reccivcd by rhc Board under secrion 96;

(d) all damagcs rcceived by Ihc Board under sec~ion 169;

(c) all annually recurring sums rcccived from the Governmcn~ in aid OF the funds of Ihc Board;

(t) all renls of land vcsled in [he Board; and

(g) all othcr reccip~s by the Board which arc not required by sccrion 132 lo be crcditcd to the capital accounl. Applicaion 135. (1) Thc moneys credited lo ~ h c rcvenue accouni shaH bc hcld

of xrvcnuc 3ccoun,. by the Board in uud, and shall be applicd to--

(a) meeting all charges for interest and sinking Fund due on account of any loan taken in pursuancc o i clause (a) of seclion 98, or sccuon 99, and all othcr charges incurred in connection with such loans;

(b) paying all sums due from the Board in respecl of rates and taxes imposed undcr he Calculla Municipal Act, 1923, as Bcn. Aci 111 exrended lo the Howrah Municipaliry '[or under the Bengal "".

Municipal Act, 1932, as [hc case may be,] upon land vcsted Bcn. ACLXV in the Board; o i 1931.

(c) holding or participaring in conferences or exhibitions rclating ro urban improvement;

(d) paying [he fees prescribed for arbimtors under seclion 83;

(z) paying al l sums which the &ale Government may dirccl to be paid lo any audilor under secdon 143;

'The word< and figures lvilhin rhc square b n c k c ~ wcrc insencd by s. 45 of ~ h c Hownh Ilnnrnt.rrnrnt I A ~nrndni~.nrl A r i 1092 IIlC-rl Ro-n A", Vl 111 ,r lop?\

The Hotvrah lrlrpmvmietr~ Acr, 1956. XIV of 1956.1

(f) paying [he cost of managcmcnl, excluding such proponion thercof as niay bc dtbi~cd ro the capital accounl under

clause (0 of scction 133:

(g) paying all olhcr sums due from the Board, othcr ~ h a n those which are rcquircd by section 133 to be disnrbcd horn thc capiral accounl; and

(h) meeting thc cost of survey, if any, made by rhc dircc~ion

of the Board under section 174.

(2) Thc surplus (if any) remaining aficr making h e payments

reFerred to in sub-scction (1) shall. subjcct to Lhc nlaintcnance O F a closing baIance of rwenly-fivc thousand rupccs and unless conrributed pern~anently to Ihc capital accaunl under the direction of thc Srate Governmcn~ or advanccd lo [he capital account undcr thc provisions

of scc~ion 137, be invesled, in the manncr prcscrikd i n secrion 109,

towards thc service of any loans outstanding aitcr the expiry of sixly y e m rronl thc commcncernent of this Act.

136. If, at any rimc afier any surplus referrcd to in sub-seclion (2) Powcr~o dirccr sale or of scction 135. has been invested, the Sralc Govcrnmcnr is satisfied that acuriliG in

thc investuun~ is not needcd for h e scrvice of any loan referred lo in whichmy surplus or

i h a ~ sub-section, i~ may dircct Ihc salc of [he securilies held under k,,,,,

the iveslrnent. nccaunt is

invt=ird.

137. (1) Notwiihslanding anything contained in scction 135, the Advan- fmn~ Board may advande any sum standing a! thc credil of h e revenue ,,,

account for the purpose of mccr ing capita1 expenditure. ~CCOUCII 10 cnpilal

(2) Evcry such advance shall, unless a direction is givcn by [he accounl-

Slate Government under sub-seclion (2) or scction 135, bc refunded lo ~ h c revenue account as soon as may bc practicable.

138. ( 1 ) Any deficit in 11ic revcnuc accounl at the cnd of any ~dvmccs

Financia[ ycar may be madc baod by ,ur advance from the capilal ~ ~ u ~ ~ ~ '

account. revenue

XCOUflI.

(1) Evcry such advance shall be refunded to he capital accounL in [he following hnancial year,

139. Thc Board may, lor rcasons io be recorded in writing, order suikingoff

ro bc s u c k off thc books any sum due lo rile Board which may appear f~mEO""'c ro chcm to bc irrecovcmblc: providcd that Ihc prior sanction of rhe Smre Govcrnment shall be obtaincd i r the sum cxcccds two hundrcd and f i f t y runeeq.

The Ho\\'rah lr~prn~~errrelr[ Acr. 1956. [West Ben. Act

SU b~ni.~sion 140. Tllc Board shall submit lo the Starc Government at the end I .

ofabsrncls of.lhaunls of each half ofcvery Cinar~cial ycar, an abstracr of l^llc accounts of their orsratz rcccipts and expcndirurc.

Govcmn~n~.

Rcnllu~zra-

rim of

nudi~or.

Kcporu and

inlom\aIiun

Board I0

rC1trdy

d e l a

poimcdaur

by auditor.

141. The accounls of ~^h^cBoard shall, once in cvery financial year, be exarnincd and audited by such audiror as tllc State Governmcnl

may 'appoint in h i s behalf.

142. Thc audiror so appointed may,-

(a) by wriucn surnrnons require the production before him OC any documcnt which he may consider necessary ior the

proper conduct of the audit;

(6) by wriucri summons require any pcrson having [hc custody or control of, or bcing accoun~ablc for, any such documeni

lo appear in person before him; and ( c ) require arly person so appearing bcforc him LO makc and sign a declaration w i h respect to any such document, to answer any question or lo prcpare and submit any statcment.

143. The Board shall pay ro [he said audilor such remuneration as tbc Slole Government may direcl.

144. The said audi~or shall-

(a) report to Ihc Board any matcrial improprie~y or irrcgulari~y which he may observc in tllc expenditure, or in the rccovery of mancys duc to h c Board, or in the accounrs, and report the same to h e Statc Covcmment;

(b) furnish to [he Board such inIorrnalion as rhcy may Irom time ro time ruquire concerning ~ h c progress of his audir; and

(c) ~vjlhin fourlecn days after tl~e comple~on OF his audit, forward his report upon the accounls to h c Chairman.

145. (1) It shnll bc lhc duty of the Board fon l iw i~ lo-remedy any

defects or irregularities h a t may be pointed out by the auditor. ( 2 ) I f rhcre is a difference of opinion between the Board and the

auditor or if h e Board do not remedy any dcfecl or irregulari~y wirhin a period considered by the auditor lo be resonable, the marlers shall be reierrcd ro he Srate Govcrnrnent wihin such lime and in such

IF& oo~i~c;lrio appoin~ing rhc Accounran~-General, West Bcngal, in rhc Local Audi~ h p m c n t 3s Auditor of the Accounu or lhc Uovd of Trusrcts Tor the lmpmvemcnt of Hownh, Jet nolificotion Wo. 81 I ZIhi.2A-2h157, dated 5.1 1.57. publishal in Ihc filcuiro Ga:frre oi 1957, Pm I , page 3958

manncc as rhc Stale Govcrnmtnl may prescribe by rule and i^tshall be competent to thc Slale Govcrnrnen~ to pass such orders tllcrcon as i t thinks f i r . The ordcrs of h e Sraw Governmcnl shall bc final and the Board shall lake aclion in accordance ~hcrcwi th.

(3) If within any pcriod fixrd by an ordcr madc by the Slatc

Govcrnmcnt under sub-seclion (2), the Board Tail to comply with such

order, thc Slate Government may direct the Chairman to comply with the order and rhc cost of r d h g acdon by the CIiairmnn for comply ing wirh the order shall be n charge on Ihe rcvcnuc account of the Board.

146. The Chairman shall cause he rcpon mentioned in clausc (c) Auditor's or section 144, to be prinrcd and shall forward a printed copy thcrcof ~~~~J~

10 each Trustcc, and shall bring such rcporl beforc [he Board for T ~ U F I C C J ~ ~

considcra~ion at lhcir ncxl mceling. cunsidcred by Board.

147. As soon as pracdcablc arier be rcceipr of thc said reporl, [he Publicalion d Board shall prcparc an abstract OF the accounts to which, j~ relales, and shall publish such abslract by nolifica~ion. and shall send a copy of thc of an absuacr ro the ' [Mayor , [he Chairmcn of [he Municipalilics of Howrah

~ ~ a ~ ~ ~ ~ L S ,

and] the Slalc Governmcnr.

CHAPTEK VIJ.

Rules.

148. In addition to the power conferred by sccti~n 95, the Srate Funhcr

Government may make 'rules--^p^w^cⁿ^tostat

J * + * * * Go\rrmlr*nt

for m*ng (2) for prescribing thc maximum sum which may be paid ro ,.,,I-, any person by way of iccs under section 19:

IThc words ", rhc Chairnm of rhc IJally Municipalily" wcrc lim inscncd by s. 46 of

~ h z I lownh Irnpm\,cn~cnl (Arncndnlcnt) ACL 1983 (Wtvcst Bcn. Acr XLlII or 1983). Them dlcr , he words within [tic s q u m b n ~ k c l s were subsrirurcd Tor (hc words "Chairman of

the Hownh blunicipality md to" by s, 38 u1 lhc Wownh Improrcriicnt (Amcndrncnt) Act,

1995 (Wcsl Bcn. ACI XV of I99S). 'For "rhc H o w d l~nprovc~ndnr (Elrcrion or TNSICCS by Municipal Conunissioncrs) Rul-cs. 1957". made in cncrcisc of thc power conrcmd by section 148. see no~ification No. 19701hl-RR-1157. dared ~ h c 13th Mmh. 1957. oirhc Lwa1 SrlT-Covcrnmznl I k p m ~ n e n t . published in IIIC C~llvrrfhr I;n:eae. h i e d rhc 21st Mmh. 1957, Pm I . pages 1059-1061. For rulus ~ n d c in cxcrcise of ~ h c power con icmd by scclion 148 for rcgulainp

elcclions undcr clause (d) of sub-scc~ion ( I ) OF scclion 4 or this Act. aee norilicarion No. 153hl3R481Sb. dated rhc 21nd b n u q , 1957 of the Local Self-Govcmrncnr DepYr- rnrnl, pi~blishcd i n rhc L'crlcurm Guzerre, daird lhc 3151 January, 1957. Pan I,

pages 953456.

For rules niade undcr sub-section (3) or wcrion 4 and the proviso to sub-sccfion (2) of secrio~i 14. in cxcrcise of thc power conrcmd by xclion 148. srr notikcation No. 6531,113R-18~56. dared lhz 2?nd I m u q 1957, puhlishrd in thc Cttlrurrn Goztrce. &led rhc 9 Is1 January, 1957, Pan I, p g c 456.

!Clause (I) ro scction 1.18 r v z o1111tIcd by s. 3Y of ihe H o t ~ n h 111ipror.cnlcnl (Amend- nicnt) ACI. 1995 ( ~ V C S I Ben. Act X V nT 1995)

[West Ben. Act Funhcr

paffcs 10

B o d for ~naliing rulcs. Col~ditions pre~rdenl ro

rhc making of nrlcs under

scclions 95. 148 or 139.

(3) for derern~ining d ~ e qualificarions and disqualifications of,

thc condirions and mode of cIccrion, sclcciion or appointmcnt of. an arbitrator and [or rcgularing rhc proceedings or arbitrators under section 52; and

(4) for prescribing Ihc rorm of h e abstracts of accounrs referred to in sections 140 and 147.

149. (1) In addirion ro power conferred by section 28, thc Board may from limc to timc mnke rulcs (no1 inconsislcm with any rules madc

by 11ic Srarc Govcmmcnt or the Presidenl of the Tribunal undcr this

Act) for canying out thc purposes of [his Acl.

(2) In particul~, and wilhout prejudice lo the gcncraliry of the foregoing powcr, thc Board may make rules-

(a) For associating mcmbers with [he Board undcr scction 16:

(b) for nppoinung pcrsons (other than Trusrces and pcrsons associated with [he Board undcr section 16) ro be members ol Cammittees under secdon 17;

(d) for the guidancc or pcrsons employed by [hem under (his Act;

(e) for prescribing !hc fees payable for copirs of documenrs

delivercd undcr sub-seclion (3) OF section 45, or clausc (iv) of sub-sccdon (2) of section 63;

(r) for [he rnainlenancc and management of dwell in~s and

shops construcled under rehousing schcrnes.

(3) In making any rule under sub-sec~ion ( I ) or sub-section (2), the

Board may provide [hat a brcach of i t shall be punjshablc-

(i) wilh fine which may cxtend lo five hundred rupees, or

(ii) in case of a conrinuing breach, w i h fine which may extend

to filly rupees for cvcry day during which [he breach continues afier reccipt of written notice from h e Chairman lo discontinue be breach.

(4) No rule made under this secuon shalI have any validity unless and u n ~ i l ii is sancrioned, will1 or withoul modification, by the Statc Government.

150. The powcr 10 makc rulcs under seclion 95, secuon 148 or secuon 149 shall be subject lo [he condirion of the rules being made

after previous publication* and lo the following further condilions, namely,-

(a) a draft of the rulcs shall be published by nouficauon and

i n local newspapers;

Tlie IIot~v-alr It~~prove~izarf Act, 1956.

(6) such draft shall not be rurlhcr proceeded with unLil after ~ h c cxpjrnlion of n period of onc month from such publicalion or such lungcr pcriod as h e Slalc Go\crnmenl or (in he case o f rules madc under secrion 149) Ihc Board

may appoin~;

(c) for onc rnond~ a[ least during such period, a prinrcd copy ol such drak shall hc kcpt at rhe Board's ofticc for public

inspcc~ion and cvcry pcrson shall bc pcrmillcd at any reasonable lime ro pcrusc h e same, frcc oi charge;

(d) printed copies of such draf~ sllall be supplied to any person requiring [he samc, on payment of a fcc of '[one rupee]

lor each copy.

151. Wbcn any rule has bcen made by or with lie sancdon of the Publicalion Slatc Govcrnrnenl under scction 95 or section 148 or section 149, it D5"1CS~ shall bc published by ~ h c Srarc Governinenr by nolilicalion, and such publicalion shall be conclusive proof h a 1 he rule has bccn duly made. i

152. The Chairman shall cause all rules rnenlioncd in the iorcgoing Priving md sectian la be printed and copier ro be supplied to any applicnnr on :$izor payment of a fez a l '[onc rupee] for each copy. NIS.

153. Copies, in English and Bengali, of all rules made undrr mbitionof section 148 or seclion 149 shaIl bc hung or affixed in some conspicuous copis of

rulcs.

part of thc Board's office and in such places of public rcsorl affecled by the rulcs as the Chairman may think fil.

CHAPTER VIlI.

Supplemental Provisions.

154. Every Trustcc, and cvcry orficcr and scrvant of h e Board, and Trusws.e~c,.

d c c d cvery mcmbcr and olficcr and scrvant of h e Tribunal, shall be deemed public A n XLV or LO be a public scrvanl within h e meaning of seclion 21 of [he Indian ~~~~~.

11160. Pcnal Code. 'The words wihin thcsqum b n c h r s wcrc subs~itu~d for llic words "IWO annx," by s. o f k Hoivr.r;lh Ini~rovcmenI [Amencment)Acl. 1983 (West Ben. Act XLlll or 1983). . .

'Thc words within the square bnckels wen: subclirutcd-for thc words "lwo m n ~ " by 1.

49. ibid.

Con~ribulions by Board

( 0 l l . d )c314c

dIotvmccs and pnsions olxnmlj

o r t k Got1emment rrnploycd vnllerrhis Acl .

Linitdon ol ririie Tor prusccu~ion. The ffo~jrah riprovc~aenr Acr, 1956. [West Ben. Act

Cotttribrrtiotis to\rnds leave allowance atd petrsiorls of servattts oJ lfre Goverrll~re~ir.

155. The Board shall be liable ro pay such conmiburions Tor the

[cave al lo~vances nnd pensions of any servant uf the Governmcnt cmployed as Chairman or as an omcer or scrvant of thc Borad, or as a mcmber

or oifiocr or servant of ~ h c Tribunal, as may be rcquircd. by [he conditions

of his scrvice under lIic Governmcnl to be piid by him or on his behal r. 156, [(Power ro exterrd [Ire Bengal Mlnlicipal Act, 1932, to areas it1 tile r~eigfr~o~rr'lruod of Honlralr M~itticipali~ to ~vlricll the provisions of tlrc presertt Acr /rove beerr e.rretlded.)-Oolirred by s. 40 of tlie Ho~vrnlt 1111provernenr (Atnerrdtllenr) Act, I995 (Wrst Ben. Act XV of

1995). 1

157. [(P~rblicario~t of ~~o~ifica~iotrs ttader sectiorrs 113) arid 156(1)

ill draj~, for crificist)l.)-01ni11ed by S. 41, i6id.l

158. Nothing in lhis Act shall be deerncd l o affect thc provisions of the Indian Telegaph Act, 1885, or the Indian Railways Act, 1890. XnIof

1885.

1X oi 1890. LegoI Pmceeditrgs.

159. No~wi thslanding con taincd in the Code or Criminal Procedure, ^A^C^~ V of 1898,- lS9S.

all offenccs against chis Act or any rule rnndc hereunder

shall, whercvcr comrniltcd, be cogni-able by a Magisrrate of h c first or sccond class,

and no suctl Magismare shall be dccmed to bc incapable of ~nking cognizance of any such offencc by reason only

of bcing liable la pay any tax imposed by [his Act or of his being bcnefired by the funds to the credi~ of which c any

fine imposcd by him will be payable.

160. No pcrson shall be liable to punishment for any offencc against h i s Acr or any rule made hereunder unless con~plaint of such offcncc

is made bcrore a Magistra~e of he first or sccond class '[within thrcc monlhs nexL af er thc delec~ion of the commission of such offcncc]. 'The words within rhc squarc bnckels wen: substi~utcd Tor ihc words "within i h ~ e rnonlhs nrxl al'ct ihe commission of mch offencc" by s. 50 of the Howrah lrnprovc~nznt (h~cndment ) .4c1. 1983 (Wcsr den. Acr XLIlr or 1983).

The Ho~vralt ~rrprovettzerrr Act, 1956. XIV of 1956.1

161. Thc Chairman may, subject lo the conlrol of !he Board,-^P^*^\^u^~^r^s^~^fChaihun ns

(a) institute, defend or direcl the wilhdrawal of, lcgal [oimli[ulion, ctc., oflcgal

proccedings under h i s Acl or any rule made hereundcr; prncccdinFs and obtaining

(b) compound any offence againsl this Act or any rulc made ~ ~ ~ d ~ d ~ i ~ ~ ,

hereunder which, under any law for Ihe Limc being in force,

may lawfully bc compounded;

this Acl or any rule made hereunder; and

(d) obtain such legal advice and assistance as he may from lime to lime [hink i~ necessary or expedient to obtain, or u he may be desired by the Board 10 obtain, for any of the purposes referred to in the foregoing clauses of this sec~on, or for securing thc IawFuI exercise or discharge of any

power or duty vcsicd in or imposed upon thc Board or any

omccr or scrvani of thc Board.

162. No s u i ~ shall be mainrainable againsr ~ h c Board, or any Trustee, Indc111~ily to

or any oi-ficcr or scrvnnr of the Board, or any person a c h g under the Board, CIC.

dircclion of thc Board or of [he Chairman or of any oficer or senranl of

the Board, in rcspecr of any~hing done la~vfully and in good faith and with due care and atlention under this Act or any rule made hereunder.

163. No suit shall be instituted against !he Board, or any Trustee, or NOUN of any officer or rervanl of he Board, or any penon acting under thc

~ ~ ~ ~ ~ ~ , [ direclion of Lhc Board or of thc Chairman or of any officer or scrvant of rlle Board, in respecr of ,my act put-porting lo bc donc undcr this Acr or

any rule made hereunder-

until he expiration of one rnonlh ncxt after writtcn notice has been delivered or l c r~ at thc Board's orficc or thc place

of abode of such officer, servant or pcrson. slating thc causc

of action, the name and placc of abodc of thc intending plaintiff, and the relief which hc claims; and t l ~ e p l in l shall contain a slatcmenl that such notice has been so delivered or Icft.

Pulice.

1 ( 1 ) The Superintendent of Policc, Howrah, and his subordinales C ~ p c n ~ i o n

shall co-opcrate with the Chairman for carrying into effect and enforcing oilhc police.

the provisions of this Acl.

Tile Holvrah I~ttprnve)tre/~r Acr, 1956. [West Ben. Act

Pr00r0r

coostnt. erc..

o T B o d or

Chairman or O ~ ~ ~ C I ' I O T rrn.ult of

Board.

Vdi&i~iun of

acls and prmwdinp

(2) 1i shall be thc duly of cvcry police oficcr who is subordinate

to thc Superintendent of Police, Howmh-

(i) 10 co~nmunica~e wirhout delay rr> thc proper officer or servant of the Board any informarion which he rcceives of a design to commit or of the commission of any offence

against his Act or any rulc made hcrcundcr, and ( i i ) to nssisl the Chairman or any of iccr or servant of rhc Board rcasonahly demanding his aid for rhc lawful exercisc of any

powcr vesling in thc Chairman or in such oficcr or scrvanl

under t h i s Act or any such rule.

165. ( I ) Evcry police officcr may arrcs! any person who commits, in his vicw, any offencc ogainsl [his Act or any rulc made hereunder,

i F the n.mc and address of such person bc unknown to him, and if such pcrson, on demand, declincs lo give his name and address, or gives a name or addrcss which such officer has rcason to belicvc lo bc false.

(2) No pcrson so arrested shall be dclaincd in cuslody artcr his m e name and addrcss are ascerraincd, or wirhout the order of a Magistrate,

for any longcr lime, not exceeding ~wenly-four hours from thc arrest,

lhan is necessary for bringing him before a Magisirate.

(3) Any policc officer abovc the n n k of n constable may mcs t any

person who obslructs any officcr or servant of thc Board in the excrcisc

of any of [he powers conferred by rhis Act or any rulc made hercundcr.

166. Whenever, undcr this Act or any rule ~nade hcrcunder, he doing or [he ornilting to do anything or the validity of anything depends upon rhc approval, sanc~ion, consent, concurrencc, dcclaradon, opinion or satisfaction of-

(a) the Board or the Chairman, or

(6) any officcr or servant of the Board,

a wriitcn documenl, signed, in casc (a) by rhc Chairman, and i n casc

(b) by rhc said officer or servant, purporting to convcy or set forth such approval, snnc t ion, conscn t, concurrence, declaradon. opinion or

salisract ion, shall bc suficicnt cvidence 01 such approval, sancdon, consent, concurrencc, declaration, opinion or sa~isfaction.

167. (I) No act done or pocceding rakcn under this Act shall be questioned on the ground mercly of-

(a) the exisrcnce of any vacancy in, or any defecl in the

conslitution of, [he Board or any Commiltcc; or

The Ho~vrrrlr Itt~provertrcnr Act. 1956. XIV of 1956.1

(b) any person having ccucd 10 be a Truslee; or

(c) any Truslee, or any pcrson associnrcd wilh thc Board undcr section 16, or any orher rnembcr of a con~mi[tcc appointed

undcr [his Act, having vored or lakcn any othcr pan in any proceeding in contravcnLion of seclion 20; or

(d) thc failure 10 scrvc a notice undcr secdon 47 on any person where no substantial injustice has resultcd from such hlurc; or

(c) any omission, defec~ or i t t c g u l ~ i ~ not affecting the mcrils of rhc c x c .

(2) Every mccting of the Boxd, the minules of 111e proceedings of

which have bcen duly signcd as prescribed in clause (h) OF scclion 1 5 , shall be taken to have been duly convened and to bc free from all defecl

and irregularity.

168. In any case not otl~nvise xprcssly providcd for in this Acr, Gcncd

pot~eror thc Board may pay rcasonable compcnsnlion io any pcrson who suslains Bod

damage by reason of the exercisc of any of thc powers veslcd, by chis P Y

mmgma-

Act or any rule madc or scheme suc~ioned hercundcr, in ~ h c Board ,ion. !

or lhe Chairn~an or any ofliccr or servant of the Board. ^!

169. ( I ) If. on nccounl of any ncr or omission, any pcrson has bccn Co~npcw- lion ro k: convicted of an offence againsl [his Act or any rule made hcrcunder, by and. by reason of the same acl or omission or ~ h c said person, damage ofkndrmfor dyn3gr: has occurred lo any properly of !he Board, compensation shall be pnid ,&by by thc said person for the said damagc, notwilhstanding any punishrncnt lhcm- to which he may have been senrcnced Ibr [he said oKcnce.

(2) In the event of disputc, h e amount otcompensa[ion payable by lhc said person shall bc dc~ermined by (hc Magisrrate beCorc whom hc was conviclcd of !he said ofrcncc.

(3) If ~ h c mount or ;my compensation duc undtr this section be not paid, [he samc shall be recovcrcd undcr a warrant from h e said Magislrale, as if i t were a fine inflicted by him on thc person IiabIc r herc for.

130. Every public nolice given undcr this ACL or any rule made Public nouces how hereunder shall bc in wriling over the signature of the Chairman, and ,,k,,d, shall be widcly made known in h e locality LO be aifccred hereby, by known.

Newspaps inwhich adwnisc- Irwnm or noticcs lo k published. Srmnping slcnalFs on ~iouccsor hills.

Scruicc how 10 be

effecrcd. P0u.r r lo nlal;c

surveys, or cnnhibutc lowards their con.

The Howoh Itr~proverrrer~t Act, 1956- ['CVest Dcn. Act

alfixing copies rhercof in conspicuous public places within he said

Iocali t y, or by publishing the same by beal of drum or by advenisement

in local hewspapers, or by any two ar morc of thesc means, and by any other means that the Chairman may (hink f i ~ .

171. Whenevcr it is providcd by this Acl or any rule made hereundcr

[ha[ nalicc shall be given by advertisement in local ncwspnpers, or that notifica~ion or any inrormarion shall be published in local newspapers, such nolice, nodfication or infomarion shall be inserted, if practicable, in at Icasl rwo English newspapers and Iwo vernacular newspapers publishcd in Howrah or CaIcutia.

Sigrrarrire otrd service of trotices or bills.

172. Every notice or bill, which is rcquired by this A ~ L or by any rule modc hereundcr to bear the signature of the Chairman or of any o~her Trustee or of any officer or servant of Ihe Board, shall bc dcemed ro be propcrly signcd i f i t bcars a facsimile of the signature of the Chairman or of such her Trustce or of such officcr or servant, as the

case may bc, slampcd thereupon.

173. Whcn any nolicc, bill or olhcr docurncn~ is required by this ACL or any rulc made hereundcr to be served upon or issued or presented

to any pcrson, such service, issue or prescntalion shall be effec~cd-

(a) by giving or ~endcring such document lo such person; or

(b) if such person is not found, by leaving such document ;~r

his laq~ known place of abodc in Howrah, or by giving or rendering the samc to sornc adult ~nalc member or servant

or his family; or

(c) if such person docs not rcside in Howrah, and his address

elsewhere is known lo the Chairman. by forwarding such documcnt to hirn by registcrcd post under cover bcaring the said address; or

(d) if none of the means aforesaid bc availablc. by causing a copy of such docurncnl to be affixed on some conspicuous part of Ihc land (if any) to which the documenl relates.

174. The Board may-

(a) cause a survey of any land to be made, whencvcr they consider [hat 3 SU~VCY is necessary or cxpcdienr for cany ing

out any of the purposes of this Acr. or

Tlre Howrab 1trrprove11;eti~ Act, 1956.

(b) uontribulc lowards the cost of any such survcy made by any olher lmnI authority.

Power of errrq.

175. ⁽¹⁾ The Chairman or any olhcr officcr of rhe Board authorized Poweror by him i n this bchnlF may, with or without assislanrs or workrncn, enter Cn'lFY.

into or upon any land, in order-

(a) lo make any inspeclion, survey, measurcmcnt, valuarion or inquiry,

(b) lo takc levels,

(c) to dig or borc inro rhc sub-soil,

(d) 10 sel out boundaries and intendcd Iines of work.

(e) lo mark such levcls, boundxies and lincs by placing marks, and culling trenches, or

(f) lo do any other ~hing, wheoever ir is neccssary lo do so for any of the purposes of this Act or any rule made or scheme sanctioned hereunder or any schemc which the Board intcnd io frame hereunder:

Provided as follows:-

( i ) no such entry shall be mndc betwccn sunset and sunrise;

(ii) no dwelling-house, and no public building or hul which is used as a dwelling-place, shall bc so entercd, unless wiih

the consent of the occupier thereof, without giving [he said

occupicr a1 leas1 twenly-four hours' prcvious writlen norice

of rhc intention to makc such entry;

(iii) suficient notice shall in evcry instance bc given, cvcn when any premises may o~hcrwise be entercd without notice, lo cnablc h e inrnalcs of any apartment approprialcd

to females lo rcrnovc lo some pan OF !he prcrnises where lhcir privacy nccd no1 be dislurbed:

(iv) due regard shall always be had, so far as may bc cornpauble with the cxigencics o f the purpose for which [he entry is made, 10 rhc social and rcIigious usages of the occupants of thc premises enrcred.

(2) Whcnevcr the Chairman enters into or upon any landin pursuance

of sub-sec~on (I), he shall at ~ h c umc of such enlry pay or tendcr payment o f all neccssary damage to be done as aforesaid; and, in case of dispute as to thc suficiency of the amount so paid or tendered, he

sbdl at oncc refer [he dispute lo Qe Board, whose dccision shall bc

final.

P u n i s h n ~ lor acquiring sllmor

i ~~ lc rcs l in vonlncl,

crc., lvilh [he I3 o,ud.

PCII J l y lor rrniovrn_c

f llcc.cic.. in

SIRYI.

Ycnahy for kilurc~o wll\ove wall or building in respec1 of

~vhich ngrrcmnr has ht.n cxccutc~. [West Ben. Act

176. If any Tms~ce, or any officer or servant of [he Board, knowingly

acquires, directly or indirectly, by himself or by any parlner, cmploycr

or cmployce, otherwise than as such Trusree, ollicer or servanl, any sharc or in[ercst in any conlracl or ernploymcnt wilh, by. or on behalf of, the Board, not being a s h m or interesr such as, under sub-section

(2) of seclion 5, jr is permissible for a Trrustcc 10 have wilhoul being

thereby disqualified for bcing appointed a Trus~ce, he shall bc deerncd [o have comrniued the offence ~nadc punishable by section 168 of thc A C ~ XLV OT

Indian Pcnal Code. 1860.

177. ^I^rany person, wⁱ^h^o^u^~lawful au1hority.-

(a) removcs any fence or shoring-limber, or removes or

exringuishcs any light, sci up under secrion 59. or

(b) infringes my ordcr given, or removes any bar, chain or posi lixcd, under sub-scclion (2) of secrion 60,

hc shall be punishable with line which may cxrcnd to fifty rupees.

178. If any person, wirhoul ihe permission of [he Chairman requircd

by sub-sccrion (8) of sccrion 63, erccw. re-erects or adds [o any wall

(exceeding ten Feel in heighr) or building which falls within thc sueet

alignrncnl or building linc of a projectcd public skeet '[or a projected public park] shown in any plan sanctioncd by the Stale govern men^ undcr he said scction, or erecb, re-crcctr or adds l o any building or

wall on any land scheduled [or the proposed fulurc cxtcnsjon of the

scwagc disposal site undcr seclion 64, hc shall be punishablc-

(a) with finc which may cxtcnd, in the casc of a masonry building or a wall, 10 five hundred rupees, and, in he casc of a h u ~ , [o lif[y rupees, and

(b) with Iurthcr fine which may extend, in h e cllsc oia masonry building or a wall, to onc hundred rupees, nnd, in [he casc

of a hur, LO ten rupees for cach day alrer tlrc first during which rhc projection conlinues.

179. If the owner for h e time bcing or any wall or building in

rcspcct of which an agrcemenl hx bccn execuled as provided in sub-

sec~ion (9) of section 63, fails-

(a) to rcmovc such wall or buiIding, or any specified ponion

~hcrcof, when so required by nolice issued under h a t sub-

seclion, or, 'Thc ubords within thc s q u m hnckels were inscned by s. 5 1 olrhc Hownh Impmvemen~

The Ho~vrnnlj 1111provetrient Act. 1956.

(b) wilhin liflcen days from rhc reccipr of such notice, to aurhorize [he Chnim~an, by permission in wriling, to rcmove 11ie said wall, building or ponion,

hc shall be punishablc-

( i) wirh fine which may extcnd, in ~ h c ase of a masonry wall or building, to one hundred rupccs. and, in the caqc of a hut, to Iwcnly rupees, and

(ii) with fuflhzr fine which may cxlend, in [he casc of a masonry wall or building, lo tcn rupees, and, in he

caw of a hut, lo five rupccs, for cach day altcr [he first during which l l ~ c hilure continucs.

180. If any person hils to comply with any requisition made under Pcndqfor !

scc~ion 142, he shall be punishablc- iailurc I⁰^!comply with

requisilion I (a ) wilh fine which may cxtend lo one hundred rupces; or tmdrby f audiroi

(b) in case ofa continuing failure, wirh fine which may extcnd

to fifty rupees Tor each day af~cr the first during which the i

failure continues. !

181. IT any pcrson- Pcndty for obsuucung (a) ~bslrucls or moleils any pcrson with whom rhc Chairman ,,Io, has cn~ered inlo n conrract on bchalf of !he Board, in lhc

z n g

performance or execution by such person of his duly or of anything which he is cm'p~wcrcd or rcquired lo do by virtue or in consequencc of this Act or any rulc made hcreunder, or

(b ) rcmores any mark set up Tor the purpose of indicating any Icvel or direclion necessary lo the cxccurion of works aulhorized by this Act or any rule made or scheme sanctioned hcreu ndcr,

hc shall bc punishablc wilh fine which may extend lo two hundrcd rupees, or with irnprisonmcnt for a term which may exlend to two nion ths.

Recoveql of expetrses.

182. Whcn a rvri~[en notice, issued under sub-section (9) of scction ~ ~ ~ ~ d ~ r

63. Tor the removal or a wall or building, or any ponion ihereof, is not

;&!~gMo complied with by the owner ~bcrcof for the hme bcing as provided in ~~~~~~~f

. - - scction 179, h^eChairman may proceed io remove sucli wall, building cxpnm.

or por~ion and [he expenses incurred in eflccling such rcmoval shall hp , - , . P ~ , . ~ ~ L I - c.., -..I. . - r .L - ..- - , . ,

[West Bcn. Act Susperusion oraboli~ion. m d rc-

irnposil~on orru;ziol~ or municipal c~r~~nbu~iom. Powcrof

Stye

Govcnlncnl lo supcrscdc rhc B o d . S ~ t s p e ~ r s i o ~ ~ or aboliriorr, a~zd re - i~~ ipos i t i o~~ of tararion or t~rrrrricipal conrribirrin~rs.

183. ⁽^I⁾ Whcnever rhe State Govcrnrnenl considers thal any duty or lax imposcd by Chap~er V, or any paymcnl required by section 96, or any portion of any such duty, lax or paymcnr, as the case m a y bc, is no1 rcquired for the purposcs of h i s Act, i~ may by notification,-

(a) suspend, for any spcciticd pcriod. the levy of such duly or tax or any specified pordon rhcrcof, or the making of such paymcnr or any specified portion thcreof, or

(b) abolish such duty, tax or paymcnl, or any specificd portion

[hcrcof, from a dale lo bc specihcd in h e notification.

(2) I f at any timc h c Stale Government considcrs that any dury, [ax or payrncnt, or any porrion hcrcof, which has been suspended or abolishcd under sub-section ( I ) is rcquired for the purposcs of [his Acl, il may, by notification, cancel such suspension or abolition, wholly or in parl, as il may think f i t , from a date to be specificd in the notification. Dissolst ioll of Board.

'184. (1) If in the opinion of [he Statc Government it is necessary

so to do i v i h a vicw to bctter co-ordination and spccdier execulion of

development work and rnain~cnancc hcrcof [he Stale Governmcn~ may, by an ordcr published in the Oflcial Guzet~c and mentioning thcrein the rcason for the ordcr, supcrscde the Board Tor such period as may bc spcciGcd in [he order.

(2) For thc rcmoval of doubts i t is hcrcby dcclared l h a ~ no notice wharsover is required ro be given lo the Board fur submission of any rcprcscnrarion before making any such arder of supersession under sub-

sccrion (1).

(3) The Statc Government may, if it considers necessary so to do, by order, extend or modify from h e to time the period of supersession. '18411, (1) When an ordcr of supersession has becn made under scction 184, f i cn wilh effect from thc date of the order-

. (a) all Trustecs of thc Board and all membcrs of other persons consti~udng com~niuecs hal1 vacate heir respectivc ofices; 'Seclions 184nnd 184A werc subs~i~u~cd I ~ r o r i ~ n a l sccrion 184 by thc scttcdulc, [which was insencd, in tk principal Act. by s, 6 or the Calcurw Mcmpoli~nn De\*elopmnt Aufhority (Amcndmenr) Acr, 1974 (\Val Bcn. Acl XXl or 1974).] to h e Calculla Mcmplilm r)cr.clnprncnr Aulhoritv Acl. 1972 (WCFI Bcn. Acc XI 01 1972).

The Holvralr I~~lprovenrer~r Act, 1956. XIV of 1956.1

(b) all properries, funds and ducs which are vesled in or reaIisablc by hc Board and the Chairman, respccrivcly, shall vest in and be realisablc by rhc Calcutta

Melropolitan DeveIopmcnr Authority canstitured under

seclion 3 of rhc Calcutta Metropoliran Developnlent

Authority Act, 1972 (hereinafler rcferrcd lo as thc Mctropoli tan Authority);

(c) all conuacrs and liabilities which are enforceabIc by or

against thc Board shall be enforceable by or against the Mctropoliian Aulhority;

(d) all the powers and duties which may, under [he provisions of this or any ohcr Acr or any rule, regularion, byc-law, order or no~ificu~ion made rbereundcr, bc cxcrcised or

performcd by the Board, Cornrni~~cc or the Chairman shall bc excrcise or performcd by thc Melropolilan Authority;

be continued or cnrorccd by or against h c Metropoli~on

Aulhoriry;

(f) all olficcrs and other employees of the Board conlinuing in orlice immediately before the dale of [he order shall be deemed ro bc cmployed by the Meuopoliian Authority on such terms and conditions not bcing less advanlageous

than what lhcy were entitlcd to immedialely beforc thc said dare.

(2) Thc State Government shall, before Ihc cxpriration of the pcriod of supersession, reconsliturc the Board in accordance wilh Ihc provisions

of this Acl.

(3) Tile Srnre Government may make such incidenhl or consequential

ordcrs as may appear lo ir lo be necessary for giving effect lo h e order mode undcr sub-seccion (1) or (3) of scction 184 or undcr sub-seclion

(2) of lhjs scction.

Tire Holvralr I~~~provemer~t Act, 1956. [West Ben. Act

{Scfredule I . )

(b) all liabilities which areenforceable against theBoard shall bc

enforceable only against [he Commissioners of the Howrah

Municipalily ;

(c) for [he purposc of compleung the exccution of any scheme, sancrioned under this Act, which has not been fully cxeculed

by the Board, and of realizing propenies, funds and ducs

refcrrcd to i n clause (a), ihc runctions of Ihc Board and h e Chairman under this Acr shall bedischarged by h e Chaim~an

of h e Howrah Municipality; and

(d) [hc Corn~nissioncrs of the Howrah Municipalily shaII keep

sepmic accounts of a11 moneys respcciivcly reccivcd and cxpcndcd by thcm undcr h i s Act unril all loans raised hcrcunder have been repaid, and unril all orher liabilities referred to in clause (b) have been duly met.

SCHEDULE I. I

(Referred to b secrior~ 70.) I

Further modifications in the Land Acquisition Act, 1891. I 01 1 t(94. i

Anlendmenr scc'ion 3, 1. Alter clause (e) of seclion 3, h e following clause shall be deemed 1

lo be inserted, mane1y:-

'(e 1) theexpression "Iocat authority" includes theBoard ofTrus~ccs I

conslilutcd undcr rhe Howrah Improvement Act, 1956:'. I ~ c r v sccrioo I

6A. 2. Arlcr scction 6, Lhc IblIowing sccrion shall bc deemed lo be jnscncd, namc1y:- I

"Publication or 6A. When acquisition is proposed lo be made of

norifiwiion hc-p dbjcc- land compriscd wirhin my improvcmenl schcme f m c d

rionsmddcclm- by [he Board and published under sccuon 51 of [he

[ion under Ihr Huwnh lmpmvc- Howrah In~provemenl Act, 1 9 5 6 mrnr Acr. 1956. lo

subsli[urcd lor (i) the publicationofanoticeof heimprovement scheme

rhosc undcr under sub-section (2) OF seclion 45 of h e Howrah soniuns 4, SA

md 6. Improvement Acl, 1956, shall be substilured for and

have [he same effect as publicarion of a notificarion in the Oficial Gazerre and giving public nolice of the

subslance of such notification in [he locality under section 4;

(ii) proceedings under section 47 and sub-section (1) of seclion 49 of chc Howrah improve men^ Act, 1956. shall be subsu~uled Tor and have the same effect as

proceedings under scction 5A:

(Scitedrrle I . ) (i ij) tlle puhlica~on of a notilication under section 51 of the

Howrah Irnprovemenl Act, 1956, shall be substituted for and have [he sane effecl as a declaration under seclion 6.".

3. In scclion 11, before the words "make an award under his hand" Anlcndnlcnl o l thc words "ailcr considering such cvidence as may be adduced by the , ,, Board under sub-sccdon (2) of secrion 50" shall be Jeemcd lo hc inserled.

4. In scclion 15, for !hc word and figures "and 24'' [he figures, word and letter "24 and 2 4 A shall be deemed lo be subnitulcd.

5. (1) Tn sub-section (3) of secrion 17, afier the figures "24" the wards, figurcs and leuer "or scction 24A" shall be deemed to be inserled.

(2) To the said secdon 17, [he following sub-suctions shall be deemed ro be added, namely:-

"(5) Sub-scclions ( I) and (3) shall apply also in the case of any

area which is stalcd in a ccrrificate granted by a salaried hlagisrrale of [he firs[ class to bc unhealthy.

(6) Dciore granling any such cerlificalc, Ihc Magisuatc shall

causc no~icc lo bc servcd as promplly as may be on the

pcrsons rcfcrrcd ro in sub-scclion (3) of seclion 9, and shall hear wilhour any avoidablc dclay any objections which may

be urged by them.

(7) Whcn proceedings have bccn takcn under this seclion For [he

acquisilion of any land, and any pcrson suslains damagc in consequence of bcing suddenly dispossessed or such land, compcnsarion shall be paid to such person for such dispossession.".

6. Afrcr seclion 17, [he following sccuon shall bc dccmcd to bc

inscncd, numcly:-

"'l'~ms lcr of land 17A. In cvcry case rcfcrrcd to in section 16 or

io Hoanl. section 17, [he Collector shall, upon paymcnt or thc cosl

of acquisilion, make overcharge of lhe land lo h e Board; and thc land shall llicrcupon vest i n the Board, subject lo the liabiliry of thc Board l o pay any funl~er cos~s which may be incurred on account of irs acquisition.".

7. ' ( I ) Sub-section (2) of section 23 srands rc-in troduccd. Ncw

scclion 17A

Anxndment

secrion 23. 'Suh-par;~gmpll(I) wns subsriruicd for ~ l i c anginal by s. 52 ofrheHowmh lmprovemenr (A~~:cnd~~icnr) Acl. 1983 (\Vcsr Ucn. Act XLllI or 1983).

The Holvrnlr I~trproveeletrf Acr. 1956. [Wcsl Ben. Act

(Scl~edttle I . )

(2) At~hccndofsec~ion23,tI1eColIowiogsub-sccrion shall bcdccmcd

lo be added, namely:-

"(3) For the purposes of cIause firrr of sub-section (1) of this

section,-

(a) whcn acquisition is propnsed to be madc by ~lic Board of land comprised within any improvement schcmc framed by rhc Board and published under scclion 51 of the

Howrah Irnprovcment ACI, 1956, lhe markct-value of thc Iand shalI be dccmed to bc lhc market-valuc according to d~edisposirionof hc land at thcda~co€publication o r ~ h e notice undcr sub-section (2) of section 45 of the said Act;

and in orllzr cues, the markel-valuc shall be deerncd 10 bc

rhc mdtt-valuc according to the disposition ofthe land

at ~ h c dale of publicalion of thc notification relating

[hereto under senion 4;

(h) if thc markel-value has bccn increased OF decreased owing lo he land falling willin-or near to thc alignment of a projcctcd public strecl, so much of [he incrcme or

dccrease asmay beduc Lo suchcausc shall bedisregardcd;

required by sub-section (8) of sccdon 63 of rhc Howah

Irnprovcment Act, 1956. has crccicd, re-ercclcd or added to any wall (excecding ten fcei in height), or building

within the skeet alignmenlor building line of a projcctcd

pub1 tc succl or u projcctcd public park, or havingercclcd,

rc-crecled or added lo any wall or building as aforesaid

wilhsuchpennission fails toremovesuch wallor building or any specified portion rhercof when so rcquircd by ,nolice jss~cd under sub-sec~ion (9) of ithe said srclion, h e n any increase in t l ~ c market-valuc rcsulring from such

erzclion, re-erection or addition shall bc disregarded;

(d) if any pcrson erccls, re-erccts or adds ro any wall:

(exceedingtcn feelin hcight),or building wilhina pmjccred sewage disposal site or having crccted, re-erectcd or added to any wall or building as aforesaid fails lo rcmove

such wall or building or any specified portion thereof when so rcquired by a nouce issued by the Board, then any increase in a e market-value resuIting rroni such

crccdon, re-crcctinn or addition shall he clisrerrarded:

Ttiu Holvrflh brpr-overtrerrr Acr, 1956. XIV of 1956.1

(Scf~edrtle I . )

(e) i f the rnarkct-value has bccn incrcascd by means of any

improvement ~nadc by the owncr or his prcdcccssor-in- ;meres[ ~vjlhin Iwo years before he dalc with reference to

which rhcmarket-value is to be deterrnincd, such increase shall bc disregardcd, unless i l bc proved that thc improvctncnl was made boriafideand no~inconremplation of proceedings for lhc acquisi~ion oof thc land being tnkcn

under [his Aa;

(0 if the markci-value isspecially highinconscqucnceof [he land bcing put to a usc which is unlawful or conlrxy to public policy, [hat use shall bc disregarded, and [he markc~-value shall bc dcemed lo bc rhc markecvaluc or

the land if p u ~ to ordir~ary uscs; and

(g) if Lhc market-valuc of any building is specially high in

consequencc of [he building bcing so ovcrcrorvdcd as 10

be dangerous to rhe hcalth of [he inmarcs, such overcrowding shall bc disregardcd, and the markcl-valuc shall be deemcd lo be the markct-value of Ihc building if occupied by such number of persons only as could bc accommodared in i t wilhout risk of dangcr from

overcrowding.".

8. For clause sevellrlils of secrion 24, the following shall be deemed Al~lcnd~nznr

to bc substiruled, namely:- ^oⁱ section 24.

"sevetlrl1i~: any outlay on additions or in~provemcnls to

land acquircd, which was jncurrcdaiter thedatc wi [h reference lo which [he marker-value is ro be dcrcrmined, unless such additions orimprovcmcnts were n e c c s s q for h e mainrcnance of any building in a proper srale of rcpair.".

9. ACcer scclion 24. [he following sectian shall be deemed [o be New sccrion

insencd, namely:- Z4A.

"Funhcr 24A. In delemining [hc amounr of compensa!ion to

prov~sions Ior aclc.rl,,ining bc awarded for any land acquircd for he Board undcr [his

c d l l ~ ~ n s a ~ i o n . Act, h e Tribunal shall also have regard to thc following provisions, namely:-

( 1 ) when any inrerest in any land acquircd under rlus Act has

been acquircd airer \he dalc with reference lo which he

rnarkcl- value is to bc detcrnlined. no scparate estimare of hc

value of such interest shall bc made s o as 10 increase the

amount or comoensalion In he nnid for such Innd:

TIM Howmlr Itizpr-ovcarcttr Act, 1956. [West Ben. Act

(Sclzcdrrlc I . )

(2) if, in ~ h c opinion of thoTribuna1. any building is i n adefective

sratc. from a sanilary poinr of vicw. or is no[ in a reasonably good slare of rcpnir, thc anlounr of compcnsation shall nor

cxcccd the sum wlich h e Tribunal considers the building

would be worth if it were put inlo a sanitary condition or inlo a reasonably good sratc OF repair, as the c x c may bc, r~rirrlrs ihe es~iniated cost of pulling it into such co~tdition or stnlc;

(3) if, i n rhc opinion of rhcTribunal, any building, which is used or is intended or is likely to be used for human habi~ation, is not resonably capableof being madc lil For human habitarion,

[he amount of compcnsation shall not exceed [lie vaIuc of rhc marcrials of [he building, i ~ l i r r ~ ~ s the cost of demolishing [be building;

(1) i F any tank in any arca comprised within a schcmc rr,ul~cd by thc Board and pubIisllcd under seclion 51 of [lie Howrah

ln~prove~nenr Act, 1956, is, on account of accumulation or fjlth, rubbish or putrid matter or of the pcrcolation or foul

water From the kirchen, courryard, privy or urinal, or For any orhcr cause, in an unl~ygicnic condi~ion or contains water

which is discoloured or malodorous or unh~ Tor usc for domcsric purposes, or is a sourcc of nuisancc or diseasc, B ~ e n

norwithsranding anylhing contained in any law for the time being in rorcc, Ihc Tribunal shall, in dctcrmining !he amount

of compcnsntion, make such dcduciion rronl the markel-

vaIue of thc rank according to ils presenr disposition as will,

in thcir opinion, be a reasonable scr-off agninit the cos[ to socicty in unhcalrhiness, disease and discomfort caused by

the tank being kepl in such an unhygienic or insanitary condition.". .

Anizndrnrnl of seclion

10. Sub-section (2) of scclion 27 shall be dzc~ned ro bc omilrcd.

27.

New 11. Allcr scction 48, t he following scctions shall be deemed to be

scc~ions ~ S A and inscrred, namely:-

4sn,

"Com~clisation 48A. (1) I T , wilhin a period ortwo years from thcdate

lo be alvnrded whcn land no; of the issue of thc public notice under sub-seccion (1) of ~ ~ ~ ~ ~ i l h i n secl on 9, in rcrpcclof any land, [he Collcctor has no1 made an award undcr section 11 with respec1 to such land, rhc owner oithe land shdE bc cntitled to receive compcnsation for thc damngc

surlcrcd by him in consequence of rhc dclay.

Tlre Holvrol~ It~rproverrrenr Act, 1956. XlV of 1956.1

(ScI~edrrle I . )

(2) The provisions of Pa11 111 of this Acl shall apply, so far as may be, to he dcleminauon of the compensation payable under !his section. Stclinm 48 md 48B. No compensation shall be payable in pursuancc

48A no1 LO apply in .ynilin EmS. of section 48 or scction 48A when proceedings Ibr the acquisician of lmd have bccn abandoned on thc execution of an ngrcement, or !he acccptance of a payment, in pursuance of sub- seciion (4) OF sccuon 79 of the Howrah lmprovcment Act, 1956.".

12. Forsub-scclion (1) of scclion 49, [he following sub-sccuonshall Amcndmcni or sccrion be deerncd to be substituted, namely:- 94.

"(1) The provisions ol his Act shall not bc p u ~ in force for the purpose of acquiring a pad only of any housc, rnanufaciory or othcr building if lhe acquisiuon of thc par1 will render [he

full and unimpaired usc of h e remaining porlion oflhc house, manuiac~ory or bujIding irnpmc~icablc:

Provided ha1 if any qucslion shall x ~ s e as to whe~hcr [he p x l proposed~ohcacquired willrenderthc full and unimpaired

use oi' h e remaining portion of h e house, manufactory or ! i

building irnpraclicnble, thc Colleclor shall rcfcr the ^I

dc~ermination of such queslion to the Counand shdl not take possession of such part until aficr the qucsuon has been i

dclermined. In deciding on such a rekrcnce the Court shall have

rcgard only to [he question whelhcr Lhe land proposed to be taken is reasonably required for h e lull and unimpaired usc of the remaining portion of lhc house, manufactory or building.".

Ichapur Norlh Banrn

Do. Do.

North Banrr Shahanpur

Ichapur Do.

Sou 111 Bantr

Do. Do. Do.

Do.

Do.

Chakrabcria

B ator

Do. Do. Padmapuku. Do.

Padmapuku

Do. Do.

Dakshin Bu Do.

Do.

Makua olio:

Thnna Mak!

Makua

Goaberia

(Panchpad Land mc

under the L:

Gazette, dab 19th Augusl

Registered No. WB/SC-247 No.WB(Part-III)/2017/SAR-19

&Mutts

+icLict vi44.; Extraordinary Published by Authority

CHAITRA 10]

FRIDAY, MARCH 31, 2017 [SAKA 1939

PART III—Acts of the West Bengal Legislature.

GOVERNMENT OF WEST BENGAL

LAW DEPARTMENT

Legislative

NOTIFICATION

No. 385-L.-31st March, 2017.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general infonnation:—

West Bengal Act X of 2017

THE HOWRAH IMPROVEMENT

(AMENDMENT) ACT, 2017.

[Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 31st March, 2017.]

An Act to amend the Howrah Improvement Act, 1956. WHEREAS it is expedient to amend the Howrah Improvement Act, 1956, for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Sixty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:-

West Ben. Act

XIV of 1956.

Short title and commencement. 1. (1) This Act may be called the Howrah Improvement (Amendment) Act, 2017. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2017 [PART III

The Howrah Improvement

(Amendment) Act, 2017.

(Sections 2-4.)

Amendment of

section 2 of West

Ben. Act XIV of

1956.

Insertion of new section after section 29.

Amendment of section 95A.

2. After clause (n) of section 2 of the Howrah Improvement Act, 1956 (hereinafter referred to as the principal Act), the following clause shall be inserted:—

(o) "State Government" means the Government of West Bengal in the Department of Urban Development and Municipal Affairs;'.

3. After section 29 of the principal Act, the following section shall be inserted:—

"Power of

29A. Notwithstanding anything contained elsewhere in this Act, appointment etc. the Municipal Service Commission constituted under the West Bengal West Ben. Act Municipal Act, 1993, or any other body as may be notified by the State Government, XXII of 1993. shall select candidates for being appointed in the Howrah Improvement Trust.".

4. For section 95A of the principal Act, the following section shall be substituted:—

"Power of State 95A. (1) The State Government may, for the efficient Government to

issue directions. administration of this Act or for such other reasons as it thinks fit, issue direction to the Board from time to time and the Board shall carry out such directions as issued to it from time to time by the State Government.

(2) If any dispute arises between the State Government and the Board, the decision of the State Government on such dispute shall be final "

By order of the Governor,

MADHUMATI MITRA,

Secy. to the Govt. of West Bengal, Law Department.

Published by Law Department, Govemment of West Bengal and Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056.

West Bengal act 014 of 1956 : Howrah Improvement Act, 1956

SECTIONS