Preamble
Howrah Municipal Corporation (Amendment) Act, 20001
| [West Bengal Act No. 5 of 2000] | [31st March, 2000] |
| [Passed by the West Bengal Legislature] | [31st March, 2000] |
An Act to amend the Howrah Municipal Corporation Act, 1980.
Whereas it is expedient to amend the Howrah Municipal Corporation Act, 1980 (West Ben. Act LVIII of 1980), for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Fifty-first Year of the Republic of India, by the Legislature of West Bengal, os follows:-
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Howrah Municipal Corporation (Amendment) Act, 2000.
(2) It shall come into force on such date 35 the State Government may, by notification in the Official Gazette, appoint.
Section 2. Substitution of new section for section 102 or West Ben. Act LVIII of 1980
2. Substitution of new section for section 102 or West Ben. Act LVIII of 1980.- For section 102 of the Howrah Municipal Corporation Act, 1980 (hereinafter referred to as the principal Act), the following section shall be substituted:-
102. "Certificate of enlistment for profession, lode and calling.- (1) Every person engaged or intending to be engaged in any class of profession, trade or calling in Howrah, as specified in Schedule III, either by himself or by an agent or representative, shall obtain a certificate of enlistment from, or, as the case may be, get the same renewed annually by, the Commissioner upon presentation of an application together with such application fee, not exceeding rupees five hundred, as may be determined by the Corporation:
Provided that such enlistment or renewal thereof shall not absolve such person from any liability to take out any licence under this Act or any other law for the time being in force.
(2) The Commissioner shall, after making such enquiry as may be necessary and within thirty days of the receipt of the application, grant him such certificate if the application is in order, or shall reject the application if it is not in order.".
Section 3. Omission of section 102A
3. Omission of section 102A.- Section 102A of the principal Act shall be omitted.
Section 4. Omission of section 102B
4. Omission of section 102B.- Section 102B of the principal Act shall be omitted.
Section 5. Substitution of new Schedule for Schedule III
5. Substitution of new Schedule for Schedule III.- For Schedule III of the principal Act, the following Schedule shall be substituted:-
"SCHEDULE III
Class or profession, trade and calling
[See section 102(1).]
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Serial No.
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Class of profession, trade and calling.
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(1)
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(2)
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1.
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Company or association or body of individuals, engaged in any profession, trade or calling whatsoever for profit or as a benefit society, not being a registered co-operative society.
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2.
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Statutory corporation set up by the Government, or trading concern sponsored by the Government, and carrying on business for profit.
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3.
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Company, club, association or body of individuals, having no paid-up capital, engaged in any profession, trade or calling whatsoever for profit or as a benefit society (not being a registered co-operative society), merchant, banker (not being a registered co-operative society), money-lender, wholesale trader, owner or occupier of a market, bazar or theatre or place of public entertainment, broker or dalal in jute, cotton, precious stones, landed property, country produce, silk or other merchandise, retail trader or shop-keeper, boarding-house-keeper, hotel-keeper, lodging-house-keeper, tea-stall-keeper and eating-house-keeper.
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4.
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Commission agent, broker not included in serial number 3, architect, engineer, contractor, medical practitioner, dentist, barrister, and legal practitioner.
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5.
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Itinerant vendors hawking goods for sale.
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6.
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Any other trade, profession or calling not enumerated in serial numbers 1 to 5.".
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Section 6. Amendment of Schedule V
6. Amendment of Schedule V.- In Schedule V of the principal Act, the entry "section 102 A, sub-section (5)." in column 1 headed "Section and sub-section, clause or proviso", and the corresponding entries "Failure to apply for certificate of enlistment." in column 2 headed "Subject", and ‘Two hundred and fifty rupees.’ in column 3 headed "Maximum fine or imprisonment that may be imposed" shall be omitted.